Teisės socialumas

Abstract

Scientific-theoretical or practical analysis of law as if by itself presupposes the research isolation of law as of a self-dependent system, since each phenomenon, to be determined as a research target, is singled out and dissociated from the other ones. Therefore, the positivistic tradition of law and its criticism, rather often referred to in discussions and related to the interpretation of law as of a closed system of written law, have the same starting point, i.e. they originate from the same “law as law” approach. The approach suits the elaborate analysis in law institutes, though from the methodological point of view, this does not serve the purpose while seeking for the sociability of law and examining its “live” effect and presence in the society. This purpose requires a completely different approach than “law as law” (as such), but law as a part of society. The idea itself of such an approach though is rather old and in law studies is even ‘integrated’ by a separate field of research called “sociology of law,” legal-scientific analysis systemically revealing the aspects of the sociality of law is rather inconsiderable. It should be noted though that sociality in law (law sociality) has a weighty foundation in law studies in Lithuania. (Neither Petras Leonas nor Mykolas Romeris managed without touching upon the aspects of sociality in law in their discussions on law).