Demokratija ir teisė tapatumo požiūriu

Abstract

1. Because of globalization and information technology, indetermination includes all social categories, transfers to “democracy” and to its standard form- law, in the new way creating these two conception crisis. That situation invites to think over again all West democracy knowledge of law, taking into account radically volatizing Europe and world existential situation, which becomes to a new situation in the protection of human rights.
2. Criterion of democracy identity and expansion degree “to substantiate” is human rights, their protection and implementation interests, historically volatizing. Following it, large part of West and Lithuanian societies accept democracy, that part of it (figured in XVIII century liberal doctrines and in XX century spread all over the world) visited crisis; democracy now is not able effectively help people manage casual troubles and in many cases “democratic states institutions means not human will”. Moreover, democracy, eliminating one threat to human right, creates a new one at the same time. State has fewer possibilities to control criminal aggression of released person; in globalization, national states usually can not control economical process.
3. Democracy and law- solid process. In that way, authors of democracy crisis, have to admit and law crisis as well: because it is not possible to distort the purposes of democracy, not prejudicing, not suspending imperatives of law (fixating purposes and their implementation procedures).
4. In theory all this could be causally related to tendency go back next to positive law conception, moreover- to modern version “ legal realism”, which reaches “to give” a right only to government institutions, but this time to court: law theretofore was ”all, that legislative power do” and now “all that can do judge”. In both cases is trying to refuse law as globally significant and not depending from government will existing valuables system, which can be easily reached not only by legislator, courts, but as well and society.
5. Legal positivism, describing law only through formal it marks, becomes best legal doctrine adjust law conception and its practice to imperial policy and grand business corporations’ interests, their hegemony.