On the Question of Properties of Legal Concept
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Abstract
There was written a lot on the concept of legal relations which appear on the basis of relevant law norms and on the concept of legal service in the scientific works of the Law University of Lithuania. Analyzing the concept of legal service we cannot avoid looking into another concept, i. e. the concept of legal state. These concepts are found both in scientific studies and official laws of different states.
This fact induces us, firstly, to pay proper attention to the concept of legal state, secondly, evaluate the arguments of the authors who understand a legal system differently, thirdly, analyze a legal state characteristic features and compare them with general characteristic features of any state. This investigation allows us to analyze more thoroughly the concept of legal state indicating its characteristic features, as well as point out how a state can take care of its citizens and how the citizens can support the state.
It is obvious that any citizen pursues to live in the state which supports his freedom in culture sphere, guarantees all human rights, helps to make use of the advantages provided by the society. It is evident that such a system is associated with the concept of a legal state.
The present investigation pursues the goal of looking into the concept of legal state, its characteristic features and its influence on human rights.
The Preamble of the Constitution of Lithuanian republic established the statement that Lithuanian nation aims to create an open harmonious and legal society. However, Lithuania is not the only state searching to develop a State functioning in accordance with law state. The goal to develop a State functioning in accordance with law state can be seen in the principal laws of the most modern states. Discussing on the concept of a State functioning in accordance with law state, prof. A. Vaishvila stressed that already more than two hundred years the idea of a State is functioning in accordance with law state at the mainstream of legal thinking and of practical ideal of a state. He cites a famous German jurist Herbert Kruger who wrote „Today it is impossible to find any state having no claim to be a jural one“.
This idea can be seen not only in Lithuanian Constitution, but also in Polish, Portugues, Greece, Austrian, etc.
We are sure that the State functioning in accordance with law state idea (in the most cases equating it with social relations) gradually becomes a reality and a bases of positive laws and is incorporated in national Constitutions. However it is our task to make as certain, whether declaration in a principal law is sufficient. We have investigate the concept „a State functioning in accordance with law state“, to specify its traits and bases and to give an answer to the question if a State with its positive law already has become a State functioning in accordance with law state. We have to answer the question: can we call a state a State functioning in accordance with law one, when all its institution work is blameless or a State functioning in accordance with law state is something more, and we have to carry out some additional analysis to admit this state to be a State functioning in accordance with the law.
This fact induces us, firstly, to pay proper attention to the concept of legal state, secondly, evaluate the arguments of the authors who understand a legal system differently, thirdly, analyze a legal state characteristic features and compare them with general characteristic features of any state. This investigation allows us to analyze more thoroughly the concept of legal state indicating its characteristic features, as well as point out how a state can take care of its citizens and how the citizens can support the state.
It is obvious that any citizen pursues to live in the state which supports his freedom in culture sphere, guarantees all human rights, helps to make use of the advantages provided by the society. It is evident that such a system is associated with the concept of a legal state.
The present investigation pursues the goal of looking into the concept of legal state, its characteristic features and its influence on human rights.
The Preamble of the Constitution of Lithuanian republic established the statement that Lithuanian nation aims to create an open harmonious and legal society. However, Lithuania is not the only state searching to develop a State functioning in accordance with law state. The goal to develop a State functioning in accordance with law state can be seen in the principal laws of the most modern states. Discussing on the concept of a State functioning in accordance with law state, prof. A. Vaishvila stressed that already more than two hundred years the idea of a State is functioning in accordance with law state at the mainstream of legal thinking and of practical ideal of a state. He cites a famous German jurist Herbert Kruger who wrote „Today it is impossible to find any state having no claim to be a jural one“.
This idea can be seen not only in Lithuanian Constitution, but also in Polish, Portugues, Greece, Austrian, etc.
We are sure that the State functioning in accordance with law state idea (in the most cases equating it with social relations) gradually becomes a reality and a bases of positive laws and is incorporated in national Constitutions. However it is our task to make as certain, whether declaration in a principal law is sufficient. We have investigate the concept „a State functioning in accordance with law state“, to specify its traits and bases and to give an answer to the question if a State with its positive law already has become a State functioning in accordance with law state. We have to answer the question: can we call a state a State functioning in accordance with law one, when all its institution work is blameless or a State functioning in accordance with law state is something more, and we have to carry out some additional analysis to admit this state to be a State functioning in accordance with the law.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
