Vytautas Raudeliūnas is Lithuanian law historian, expert of the history of the Great Duchy of Lithuania, pedagogue and Lithuanian patriot. He spent his youth in exile and finished his studies in Russia and in Vilnius. He worked as a fellow in Lithuanian Science Academy, in the Monument Defence Office, the Institute of Culture, Philosophy and Art. V. Raudeliūnas lectured at Vilnius Pedagogical University. He was one of the establishers and publishers of periodical publications “The monuments of (...) class='Hi'>Lithuanian law”, “The studies of Lithuanian law history”. The article describes biography of V. Raudeliūnas, collects and disputes his bibliography and evaluates his contribution to the history of Lithuanian law. The article analyzes V.Raudeliūnas’ biography and scientific activity, as well as the main directions of his research: publications and transcriptions of Lithuanian Statutes; development of law institutes in the Great Duchy of Lithuania; peculiarities of development of Vilnius University. (shrink)

By taking into account dissident/political and art historical interpretations of Soviet art, I analyze how polemics about totalitarianism in the West, which generally corresponded with Cold War debates and Eastern European dissident thought, shaped the post-Soviet evaluations of national artistic legacies. It is argued that the political relationship with the totalitarian past, like in many post-socialist areas where the immediate past was subjected to radical re-evaluation, affected Lithuanian artists’ and critics’ attitude towards local Soviet art. Because of an obvious (...) lack of underground art in Soviet Lithuania, however, the retrospective usage of political categories here became problematic. Especially in international representations, the complexities of artists’ relationship with officialdom came to be routinely assigned to the phenomenon of non-conformism; this eventually obfuscated the differences between the Lithuanian Soviet art context as somewhat different from the Russian case. (shrink)

This article is based on the presupposition that postmodern philosophy has been largely influenced by Nietzsche's writings. The author raises the question of how Nietzsche and postmodern philosophy are interpreted in the contemporary philosophical discourse in Lithuania. The conclusion drawn is that many philosophy critics in Lithuania are interested in Nietzsche's philosophy (Mickevižius, Sodeika, Šerpytytè, Sverdiolas, Baranova) and in the problems of postmodern philosophy (Keršytè, Rubavižius, Žukauskaité, Serpytytè, Šverdiolas, Baranova, Norkus). The article also raises a second crucial question: beyond the (...) critics, are there any truly authentic postmodern thinkers in Lithuania? This article's main hypotheses is that Arvydas Šliogeris' philosophy is the best and perhaps the only example of original Lithuanian postmodern thought; it is based on, and interconnected with, the deeply inherited roots of existential thought in Lithuanian philosophical culture. The arguments for these hypotheses are as follows: first, Šliogeris is the first philosopher in Lithuania who has tried to reason in an interdisciplinary manner, e. g. trying to overcome the modernistic distinction between philosophy and the arts (especially literature, poetry, and the visual arts); secondly, Šliogeris's philosophizing is indispensable to his writings— his texts are examples of an experience of writing as thinking and thinking as writing; thirdly, following Deleuze's presupposition that the philosopher is a creator, one can see this creative aspect in Šliogeris's approach. His texts show how it is possible to synthesize insights from philosophy and poetry. (shrink)

Not only in Lithuania, but also in the other countries, there is a growing tendency among young people to choose a legal education. Law is a professional sphere of immense depth and breadth and it is evident that during several years in a school of higher education, designed to grant legal knowledge and skills, it is impossible to convey all aspects and nuances of the law. Legal education in a higher school is only the beginning of a lawyer’s education, while (...) on the other hand it provides a unifying experience among practising lawyers. Consequently, university law schools preparing lawyers certainly provide an important contribution to the creation of a legal state, while providing skills, modelling values and shaping attitudes for future judges, state officials, prosecutors, attorneys and other persons responsible for the implementation of legal mechanisms necessary for the proper functioning of the state. (shrink)

Discussions of the sources for Levinas’s philosophy have tended to focus on Greece and the Bible to the neglect of his Russo-Lithuanian cultural heritage. Almost no work has been done examining the impact of Russian literature on Levinas’s thinking. The present essay seeks to overcome this neglect by examining the influence that Dostoyevsky in particular exerted on the development of Levinas’s philosophy. I am aware that the notion of “influence” is philosophically vague, and not something whose truth can easily (...) be ascertained. Might there be nothing more than simply a confluence between the thinking of Dostoyevsky and that of Levinas? Could it be that Levinas was attracted to the work of Dostoyevsky because he found there what he was already looking for? Although Levinas credits Dostoyevsky with introducing him to philosophy, it would be facile to draw the conclusion that St. Petersburg occupies as important a place in Levinas’s intellectual itinerary as Athens or Jerusalem. Dostoyevsky provided neither an ontology nor any of the “pre-philosophical experiences” (EI 24) on which, according to Levinas, all philosophical thought rests. But he did give Levinas a way to think about art, religion, and, most importantly of all, ethics after the Holocaust, an event that more than any other, according to Levinas, demonstrated the absolute failure of philosophical theodicy. It was Dostoyevsky, I submit, rather than the Bible, the Greeks, or Kant who taught Levinas that the moral imperative, addressed to the singular existing individual, supersedes the religious imperative, whose validity is placed in question by the suffering of innocents and the absence of the all-powerful and providential God of theism. (shrink)

Mark Twain, the great American writer of the South whose characters struggle with difficult choices, famously said: Always do what is right. It will gratify half of mankind and astound the other. Taking Twains phrase as a starting point, this book considers how literature and art explore different systems of values and principles of conduct, and how they can teach us to cope at times of trial. Morality remains one of the most contested areas of thought and ethics in the (...) modern world, due to numerous misapprehensions and the move away from solidarity, from what we share and hold in common, particularly our inherent pursuit of virtue and consideration of principles concerning the distinction between right and wrong, good and bad. Featuring essays by scholars from countries which have seen traditions of virtue and character formation perish in the course of tragic social experiments, this book highlights the role of literature and arts in educating about virtues and character, in both a regional and global context. The volume offers philosophical analysis of moral education and engages with the literary canon, discussing the ways in which virtue was taught and can still be taught with Aristotle as one of the regained tools of learning. The essays span countries from England, Spain, Italy and Belgium to the USA, Costa Rica, ancient China and Israel, with Poland, the Polish-Lithuanian Commonwealth and Central Europe receiving considerable coverage. They address themes of virtue and character formation from the Bronze Age to the present and serve as inspiring reading for educators, literary scholars, historians, ethicists, artists and active readers. (shrink)

The article raises the problem of the relationship between art and truth, reviewing the interpretations of V. Van Gogh’s famous painting A Pair of Shoes (1886–87) in the works of famous theorists and art critics. Raising the question of what truth is revealed in the artist’s painting, the most important disputes on this topic between M. Heidegger, M. Schapiro, J. Derrida and F. Jameson are briefly discussed. This artist’s painting also caught the attention of the famous Lithuanian philosopher A. (...) Šliogeris, who considered it as a diagnosis of the death of Western visual art itself. Along with the dispute of famous theoreticians about this, an attempt is made to consider the point of view that the death of art itself and the rise of civilisation of technology are revealed in van Gogh’s paintings. (shrink)

Nowadays ethics plays a vital role in numerous professions. Due to social requirements and technical advances, changes in the accreditation rules in legal, economic, medical and engineering education have emerged in many countries, often requiring the inclusion of an ethics requirement in such professional programmes. In this work, the authors demonstrate that such changes are absolutely necessary in the legal profession in Lithuania. Specifically, the record low level of prestige of the judiciary and lawyers in the Lithuanian society and (...) the fact that lawyers are often accused of legal nihilism, clannish behaviour, and protectionism, demand that legal ethics assumes a far greater role in Lithuanian legal education. It is necessary to stress that the topic of lawyers’ ethical violations and the consequences of such violations is discussed in the society in only in a fragmentary, and not transparent manner; moreover, the significance of ethics in the education and training of lawyers has not been properly evaluated either. Especially having in mind Lithuania’s Soviet heritage (during most of the Communist era there was almost no education on those issues), it becomes obvious that legal ethics must be continuously stressed in the legal profession’s education and development. The importance and relevance of this topic is primarily determined by the current evaluation of lawyers in Lithuania, which shows that lawyers do not fulfil the expectations of the society. This raises a question whether law graduates indeed acquire this system of ethical values as part of the process of obtaining the knowledge and skills that are necessary for a modern lawyer. While analysing the Lithuanian legal documents governing the requirements for legal studies, it has been noticed that a course in legal ethics or lawyer’s professional responsibility is not compulsory either in the qualification requirements for judges, or in the Ruling of the Constitutional Court of 20 February 2008 on legal education for those who want to assume the position of a judge according to the order of law. In the description of legal study programmes, courses on professional ethics are designated as an optional non-legal subject, which is quite different from the legal education systems of other countries, where this type of course is compulsory for future lawyers. Even if this course is taught at Lithuanian higher education establishments, it is limited to the analysis of cases and legal regulation. Insufficient attention to this issue obviously creates the erroneous impression that it is of secondary importance for a lawyer. It should be noted that legal ethical standards, the development of lawyers’ value systems and other problematic questions related to legal ethics have not attracted attention of the Lithuanian scholars either. Therefore, this is a question of the utmost importance for legal education and requires additional research. In global educational and other academic literature, much is being discussed about the methods of teaching ethics, and the place of ethical subjects in study programmes and assessment. It is well worth supporting the research on the development of lawyers’ value systems, in that the lack of such values may influence the evaluation of the practicing lawyers’ satisfaction with their job, self-confidence and belief in the importance of their profession. Obtaining social-ethical attitudes and perspectives helps future lawyers gain more trust in their professional identity and the correctness of their professional work. The main conclusions drawn from the research are the following: (1) the university can and needs to contribute to the development of students’ value systems and this is one of the most important content requirements within the legal study programmes; (2) while teaching ethics, the primary focus must be not on the legal acts regulating ethics, which are changing over time, but on the aim of helping that students themselves have an increased sense of selfawareness and sensitivity to ethical issues in law practice, recognise and understand ethical dilemmas arising in the law, recognise the dominant attitudes in the society towards the role of a lawyer and motivate them to reconsider and discuss the value bases of such attitudes and their change; (3) a course on legal ethics – no matter how perfect it would be – is not the only way to develop a personal value system. In this context, the importance of liberal arts education should be accentuated. Given the research conducted, there is a clear link between the development of moral awareness and the person’s education in general. (shrink)

Visual turn and replacement of linear sequential communication with visual analogues cause growing variety of scopic regimes and interest in the topic of visuality. This interest is particularly apparent in Lithuanian academic magazines Santalka and Creativity Studies, which are devoted to the topics of philosophy, creative industries and communication within the creative society. The role of images in mass medias, creative industries, advertisement, urban planning, social mapping, various scopic regimes are often analyzed in Lithuanian academic discourse. Traditional university (...) disciplines are replaced by new, unconventional study programs, such as Creative Industries, Entertainment Industries, New Media Art, Visual Communication etc. Students are learning how to generate images and to understand how they function in mass media, advertising, public relations, public show organization, creative project coordination and other creative industries. (shrink)

During the 15th century the Cracow University had become a major intellectual centre in central Europe. It was especially important in educating lawyers and administrators for the Polish-Lithuanian state as well as the higher clergy: as a result, special stress was put on legal and theological studies. The faculty of Liberal Arts (Philosophy), though less prized, also took part in the intellectual life of the Latin Europe, becoming home to representatives of most philosophical schools of the late Middle Ages. (...) Scotism was one of the last medieval schools to arrive in Cracow. It was introduces there by Michael Twaróg of Biestrzyków, who studied the doctrines of scotism in logic and metaphysics. His main source was not Duns Scotus, however, but his pupils and followers, notably Antonius Andreae, whose "Quaestiones super XII libros Metaphysicae" was a book widely read in Cracow since 1489. Antonius' solutions on the division of sciences, the subject-matter of metaphysics, the concept of being, etc. were accepted also by Nicholas of Michałowice, Martin Kulap of Tarnowiec, John of Głogów, and John of Stobnica. Some of them tried to combine some scotist ideas with philosophical views of other schools. In logic, the solutions associated with scotism started appearing in Cracow s little earlier – in 1470s – but their influence was weaker than in metaphysics. Again, they were mostly coming from the works of Scotus's followers of the 14th and early 15th century. The group of Cracow logicians influences by scotist opinions included John of Głogów, Michael of Wrocław, Nicholas of Giełczewo and Michael od Biestrzyków, who tried to combine the views of Scotus with those of Peter of Spain in his commentary on "Parva naturalia". Philosophy of nature was the discipline in which the influence of scotism was felt last and least. It is found mostly in the works of John of Stobnica – especially in his commentary on "Parvulus philosophiae naturalis" (1498) – and Simon of Leśniewo, John's pupil, who wrote glossa to the commentary. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

Straipsnyje analizuojami filosofo ir antropologo Edmundo Gendrolio filosofiniai ntropologiniai samprotavimai apie žmogaus savivokos, save suvokiančio mąstymo raidą. Gendrolis nuosekliai rėmėsi socialinės ir kultūrinės antropologijos teorijomis, empiriniais paleoantropologijos tyrinėjimais, etologijos prielaidomis. Straipsnio tikslas yra parodyti Gendrolio filosofinių antropologinių samprotavimų pecifiškumą, išskiriant jo bendruomeninės abstraktaus mąstymo kilmės teoriją, pabrėžiant solidarumo ir kultūros tvermės formų svarbą žmogaus raidai nuo seniausių Homo erectus laikų. Straipsnyje parodoma, kad Gendrolis nuosaikiai kritikavo marksistinę darbo teoriją, zoologinį individualizmą, linijinį evoliucionizmą, filosofinės antropologijos spekuliatyvumą, ir tvirtinama, kad jis savitai, (...) dialektiškai plėtojo neoevoliucionizmo teorijas, papildytas F. Boaso teorinėmis prielaidomis. Gendrolis atskirai išskyrė istoriškumo bei evoliucijos daugialinijiškumo teorijas, tokiu būdu siekdamas suformuoti savitą sociokultūrinės antropologijos metodologiją ir pasipriešinti unifikaciniam europocentrizmui bei kolonializmui. Pagrindiniai žodžiai: filosofinė antropologija, sociokultūrinė antropologija, neoevoliucionizmas, bendruomeniškumas, darbas, zoologinis individualizmas. E. Gendrolis’ Theory of Communitarian Development of the Human Being Gintautas Mažeikis Summary Considerations of philosopher and social anthropologists Edmundas Gendrolis about selfimagination and self-understanding of human beings from the point of social and cultural anthropology and paleoanthropology are analyzed. Gendrolis supported his considerations by theories and ethodologies, researches of social and cultural anthropology, paleoanthropology, ethology, Marxist philosophy. The aim of the article is to show the specificity of his philosophical anthropological considerations, especially of theory of communitarian ideation, development of conscious solidarity, cultural continuity from the time of Homo erectus. The article shows that Gendrolis moderately criticized the Marxist theory of work, zoological individualism, linear evolutionarism, Eurocentrism, racism and cultural segregation. He tried to resist the colonial and neocolonial tendencies in anthropological discourses and to support common po stcolonial attitudes to the history of tribes and small nations. On the contrary, he developed ideas of F. Boas, multilinear cultural Evolutionarism, ideas of L. A. White, M. Sahlins, E. R. Service and the dialectical approach to the complexity of issues of the human being. Such issues are morphological changes of paleoanthropos and neoanthropos, domestic life and household, exogamy and taboo, totems and early forms of faith, tools of the work and art pictures. He tried to develop the humanistic approach to the Homo erectus and Neanderthals as the basis for the future humanistic interpretation of traditional tribes and small nations. Such considerations corresponded to the Lithuanian world conception and to the attempts to liberate themselves from the Soviet occupation and Soviet cultural hegemony. He maintained the main subject of self-comprehending thinking to be community and its skills of cooperation and ideation. Ideation is the process of forming and relating ideas, images and ideals. The process of ideation, the making of abstract solutions and conceptual memory depends on community network, trust, solidarity that could be supported by common rituals, games, art, by the process of education of children. Ideation influenced the skills of hunters, pickers, formed wedding rules, trade among the modern Homini sapiens. And vice versa: all human activities supported and developed the process of abstract thinking and collective ideation. The integral approach to the issues of human being and the theory of multilinear evolution of them became the basis for criticism of Marxist anthropology. He criticized Marxism as well as social Darwinism and any other evolutionism as too much teleological, deterministic and dogmatic theories. His other critical point is about zoological individualism which accumulates a lot of negative interpretations of savages and provides cultural aggression. However, Gendrolis stayed alone from the European social or cultural anthropological movement, and his very large and quite deep considerations didn’t become the beginning of the institutional development of social or cultural anthropological studines in Lithuania. He developed a very little dialog with local ethnologists, and it was the reason for narrow interpretations of his theories. However, his books, articles and ideas are interesting and actual for modern social and philosophical anthropologists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aesthetics As First EthicsLevinas and the Alterity of Literary DiscourseHenry McDonald (bio)1Notwithstanding the considerable amount of scholarly attention paid since the 1980s to Emmanuel Levinas’s ethical philosophy of “the other,” critics and theorists have generally approached the relation between ethics and aesthetics in his work warily. Although readings of poetry and fiction inspired by Levinas’s philosophy continue to grow at a rapid rate, arguments applying that philosophy to literary (...) and aesthetic theory have been few and tentatively advanced. Some critics have contended that Levinas was something of a Platonic moralist who “disparaged” and “denounced” art and literature as failing to conform to his idea of what was “ethical.”1 If there is a critical consensus on the issue, it would seem to be that Levinas believed that art and ethics are incompatible.2Based on the aesthetic writings that Levinas produced over a four-decade period, as well as on the role literature played in the genesis and development of his ethical philosophy, such assessments seem puzzling. A Lithuanian Jew who studied with Husserl and Heidegger in 1929–30, Levinas (1906–95) came to philosophy initially through literature, especially Russian literature and Shakespeare: “the whole of philosophy,” he said, “is only a meditation of Shakespeare.”3 In the first work of his philosophical maturity, Existence and Existents (1947), discussions of aesthetics and literature introduce and develop the notion of being as il y a (there is), an account which, in giving emphasis [End Page 15] to being’s “horror” (horreur), simultaneously critiques ontology and places ethics on a tragic basis.4 The il y a, along with its temporal counterpart, the entretemps (between times), introduced just one year later in “Reality and Its Shadow” (1948), are of particular importance to his writings on aesthetics, produced during a period from the 1940s through the 70s.5 The latter provide abundant evidence of the potential for ethical meaning, indeed transcendence, he attributed to the artwork, as in “The Poet’s Vision” (1956), in which he asserts: “Literature is the unique adventure of a transcendence beyond all the horizons of the world... the authenticity of art must herald an order of justice” [“The Poet’s Vision” 134, 137]. Although Levinas never completed anything approximating a “system of aesthetics,” it is nonetheless true that in pieces ranging from developed essays on literary theory and aesthetics to brief commentaries on dozens of literary figures and works, he gave substantive indications of the ways in which his radically nonconceptual, nonontological account of ethics might alter our understanding of the status of “the literary artwork.”Most crucial among those indications is the close connection he posited between the alterity, or otherness, of the artwork and its tragic nature, which he defined in terms of his antiontological accounts of “being” and especially “time” (entretemps, “between times”). As early as “Reality and Its Shadow,” Levinas proposed the thesis, extended in his later essays, that the alterity of art and literature was located not in any ontological or conceptual “beyond”—in a spiritual dimension “which sets itself up as knowledge of the absolute” [1]—but in the “interstices” of language [3], in the “between times” (entretemps) of its modes of temporality: which can be accessed only by way of “the tragic” in art. Time in Levinas’s aesthetics is signified diachronically, from within a region of diaspora. What Levinas terms “alterity,” or otherness, points not toward a privileged, interpersonal dimension freed from the problematics of modernity, but strives to expose the complicity between the West’s concept of rationality and its history of barbarism exemplified by the Holocaust, its history, as Levinas put it, of “National Socialism, Stalinism, the camps, the gas chambers, nuclear weapons, terrorism and unemployment.”6 Art and literature demonstrate a utopian, emancipatory potential in revealing the fissures and hidden pathways that run through the hegemonic structures and totalizing frameworks of modernity.A central aspect of such an aesthetics is its privileging of music and musicality, which Levinas shares with a more recent thinker and critic, Paul Gilroy.7 Like Gilroy, Levinas deploys “musicality,” which he characterizes as “writing in its significance without signifiers” [157] not just to “refute,” as Gilroy... (shrink)

The academic History of Philosophy in Lithuania in three volumes will be published by the Institute of Culture, Philosophy and Art. The first presented volume covers the development of Lithuanian philosophy from the 16th to the 18th centuries. It includes late medieval and Renaissance philosophy, the second scholasticism and modern philosophy. The first Lithuanians to be introduced to philosophy were young members of the gentry who studied in European universities at the end of the 14th century. The recently baptized (...) Lithuania strove to adopt Western culture and to present itself as a Western state. Some graduated from the universities as bachelors or masters of philosophy and returned to their country. At the end of the 14th century, Vilnius Cathedral School was founded. The elements of logic were probably taught there. The growth of the political and economic power of the Grand Duchy of Lithuania brought about the need for higher education. That need was significantly increased by the growing activity of various religious orders. In 1507 the Dominicans started teaching philosophy and theology to their novices. They were able to teach late medieval philosophy in its thomistic interpretation. We can regard 1507 as the year Lithuania benefited form a new phenomenon, professional philosophy, and the Dominicans as its initiators. They taught not only the disciplines of late medieval philosophy but also the basics of the other sciences. The Dominicans, and later the Jesuits, Franciscans, Bernardines, Carmelites, Trinitarians and other monastic orders, enriched intellectual life in Lithuania by teaching philosophy in their schools. (shrink)

The academic History of Philosophy in Lithuania in three volumes will be published by the Institute of Culture, Philosophy and Art. The first presented volume covers the development of Lithuanian philosophy from the 16th to the 18th centuries. It includes late medieval and Renaissance philosophy, the second scholasticism and modern philosophy. The first Lithuanians to be introduced to philosophy were young members of the gentry who studied in European universities at the end of the 14th century. The recently baptized (...) Lithuania strove to adopt Western culture and to present itself as a Western state. Some graduated from the universities as bachelors or masters of philosophy and returned to their country. At the end of the 14th century, Vilnius Cathedral School was founded. The elements of logic were probably taught there. The growth of the political and economic power of the Grand Duchy of Lithuania brought about the need for higher education. That need was significantly increased by the growing activity of various religious orders. In 1507 the Dominicans started teaching philosophy and theology to their novices. They were able to teach late medieval philosophy in its thomistic interpretation. We can regard 1507 as the year Lithuania benefited form a new phenomenon, professional philosophy, and the Dominicans as its initiators. They taught not only the disciplines of late medieval philosophy but also the basics of the other sciences. The Dominicans, and later the Jesuits, Franciscans, Bernardines, Carmelites, Trinitarians and other monastic orders, enriched intellectual life in Lithuania by teaching philosophy in their schools. (shrink)

ABSTRACT This contribution to phenomenological aesthetics takes inspiration from Martin Heidegger’s idea that poetry arises out of the experience of thinking and thinking out of the experience of poetry. The mutual nourishment of philosophy and poetry is put into practice here through a presentation of three poems and the reflections they provoke. The poems are the work of a contemporary Lithuanian-American poet, Rita Malikonytė Mockus. The reflections derive their basic orientation from Heidegger’s phenomenological philosophy of art. This philosophy is (...) phenomenological inasmuch as it views art in terms of what Being and Time characterizes as the preeminent phenomenon, the one bestowing presence on beings while itself receding from presence. This phenomenon, for Heidegger the one and only phenomenon in the strict sense, is Being as bestower of presence. For Heidegger, art in general and especially poetry might “awaken and found anew our vision of, and trust in, that which bestows.” Such vision and trust correspond to the ancient attitude of reverence for what has been bestowed, versus the hubristic attitude of modern technology. The goal of the paper is to appeal to poetry in order to help awaken this reverential attitude which Heidegger sees as the antidote to the thrall cast over us by the things of modern technology. At the end, reverence is brought into relation with Kant’s conception of the beauty of nature as purposiveness without a purpose. (shrink)

Straipsnyje, remiantis moksline ir menine medžiaga, aptariama humanistikos metodų problema. Keliama mintis, kad vaisingiausi metodai yra susiję su bendresniu mąstymu, su teorija. Jei metodas tik perimamas, jis virsta įrankiu, metodologijos dažnai, ypač disertacijose, tik imituojamos. Pasiremiama A. J. Greimo mintimi apie „apglėbiantį mąstymo būdą“. Trumpai aptariant pirmą kartą lietuviškai pasirodžiusias E. Husserlio „Karteziškąsias meditacijas“, ieškoma ir fenomenologinio tako humanistikoje, ypač literatūros moksle. Pabrėžiamas filosofijos ir literatūros ryšys. Keliama mintis, kad humanistikos metodologinės nuostatos turėtų labiau remtis pačia kūryba. Reikšminiai žodžiai: metodas, (...) teorija, mąstymas, filosofija, poezija, fenomenologija. THE EMBRACING MODE OF THINKING Viktorija Daujotytė-Pakerienė Summary The author sets out to reconsider the problem of humanistic methods. It expresses the doubt as to the application of the methods which are detached from theories and a more general mode of thought. The title of the article is taken from the Lithuanian edition of the preface to “Semiotics” written by A. J. Greimas. The mode of thought, embracing the multifarious worlds of meaning, is considered as a humanistic universal, it is also perceived as a bridge of thought to prevailing phenomenology. The concept of embrace encompasses the dimension of the body and the full mental participation of the individual. A brief review of the first translation of Edmund Husserl’s “Cartesian Meditations” into Lithuanian by Tomas Sodeika are presented. Meditation is viewed as the common ground-substratum shared by philosophy and poetry. “Meditations” of Donaldas Kajokas are introduced. Algis Mickūnas and Arūnas Sverdiolas’s dialogues “The All-Embracing Present” are referred to as a personal testimony of the inner participation in the theories. The significance of A. Ðliogeris’s study “Thing and Art“, which discusses the creative work of P. Cezanne and R. M. Rilke, is reflected within the framework of the tradition of phenomenological thought; here the concept of theoretical point of view was first formulated in Lithuanian humanistics. The article suggests that in approaching the problems of method in humanistics, and especially in literary criticism, the participation of creation itself is very important, and particularly the experiences that open up in original texts. It is important to reveal the equivalents, to reflect them, to extract the method from the texts. The article arrives at the conclusion that the recognition of the organizing inner text system is the essential principle of humanistic methodology, which is in close connection with the embracing mode of thought. Keywords: method, theory, thought, philosophy, poetry, phenomenology. (shrink)

This paper aims to provide a comprehensive examination of the development of Lithuanian philosophical thought and philosophy of culture in Lithuania, focusing specifically on the concept of integral democracy. The emergence of Lithuanian philosophy in the Lithuanian language, which dates back to the early twentieth century, coincided with the formation of the modern Lithuanian state (1918-1940). During this period, cultural progress was emphasized alongside economic development, and the philosophy of culture became the dominant paradigm. The article (...) posits integral democracy as a significant philosophical contribution from this era, initially developed by Stasys Šalkauskis and further elaborated by his students, Antanas Maceina and Juozas Girnius. It calls for democratizing cultural, social, and economic spheres, emphasizing personal freedom of conscience and cultural autonomy for various communities and groups with a multilayered democracy rooted in cultural, economic, and social autonomy, advocating for protecting individual and communal freedoms from state overreach. (shrink)

Between the world wars, Lithuanian notary practice was based on the legal acts adopted from Russia, the Kingdom of Poland, and Germany. The most important was the Russian Notary Law of 1866, which was valid in the largest part of the Lithuanian territory. This law established the so-called approval system, in which the most important acts of the notary as indicated by civil law had to be approved by the senior notary, who worked under the supervision of the (...) county court. In 1919, upon transferring this outdated system into the Lithuanian law practice, only a few provisions were corrected. In addition to the right to collect fees from customers, the notaries had a fixed state remuneration established for them. The provisions for material liability of the notaries were abolished. This withdrawal from the so-called Latin model of notary practice was corrected by the changes to the Notary Law of 1932, which declared notaries as “civil servants without wages”. Thus, starting 1932, payments from the state have been discontinued while more regulation was enforced regarding the daily activities of notaries (e.g. notaries were required to work at least six office hours). Furthermore, the provisions on material liability were revived. (shrink)

Research on the forced migration of Lithuanians to the east of the former Soviet Union in the 1940s and early 1950s throws up a wide range of issues. Methodologically, most of such studies are similar in terms of the sample chosen, which consists of the former prisoners of gulags and exiles who have returned to Lithuania, but it usually disregards those who stayed. Accordingly, the Lithuanian diasporas that emerged in the east after the forced migration, including in Kazakhstan, have (...) not been studied in detail. In this article, our aim is to answer the questions of how and in what private and public contexts processes of the ethnic identification of the Lithuanian diaspora in Kazakhstan are determined, how ethnic boundaries are drawn, and what cultural and social resources are used for this purpose. As the research revealed, the conceptualisation of ethnicity implied by the Kazakhstan state that has been adopted by our informants eliminates its cultural content, or at most reduces it to forms evident in festive culture, as well as the need and possibilities for its expression. As a result, ethnic identity is constructed on the basis of what is almost the sole criterion: Lithuanian descent in the form of ‘root’ or ‘blood’. For most of our informants, ‘roots’ are just a fact of origin, as shown in the practice of entering Lithuanian ethnicity in personal documents, an officially required practice which does not have and does not presuppose any enactment of ethno-cultural differences. Ethnicity, which is seen as ‘in-rooted’ but also as culture-less and as muted by a doubling of roots among ethnically mixed families of origin, enables a whole spectrum of manipulations of ethnic identity. One such manipulation is attempting to profit from the Lithuanian ethnic identity by turning it into a resource for acquiring benefits. The practice of profiteering from the Lithuanian ethnic identity, and thus its transformation into a resource for gaining benefits in the forms of Lithuanian citizenship and a hope of being repatriated to Lithuania, is probably the most frequent factor in becoming Lithuanian by remembering Lithuanian roots and activating the Lithuanian ethnic identity. (shrink)

This article argues that the recovery of the archaic Lithuanian tradition and the old way of life cannot be approached as the theoretical reconstruction of some artificially structured system; they can be recovered only insofar as they can be directly and naturally experienced. In other words, the very idea that the archaic tradition was a kind of an artificial system that can be reconstructed and preserved in a text today is limited and does not reveal the vitally important nuances (...) of the way of life of our archaic Lithuanian ancestors. Any attempt to reveal the distinctiveness of the archaic Lithuanian tradition transcends the limitations of a merely theoretical reconstruction and can be approached as its recovery and preservation in another living organic whole that can be seen as a kind of a resonator, a certain shared understanding and openness of consciousness able to conceive one or another stratum of ancestral experience. Such an attempt should not be limited by the argument that an old cosmology, agriculture, or way of life is not directly applicable in its primordial form today. Creatively reintegrated into today’s world, the tradition can open up in unexpected, newly reborn forms revealing and preserving the distinctiveness of our Lithuanian ancestors’ way of life. (shrink)

Upon reinstitution of the Lithuanian state in the beginning of the twentieth century, some people reflected back to the times where Lithuanian law had European significance. However, it was concluded that the latter would not satisfy the needs of a modern state. The change in times made the continuation of the legal tradition impossible. Yet it was also impossible to put faith into fast creation of the essentially new Lithuanian legal system. Therefore, it was decided to accept (...) a foreign system that was in place before the First World War – that of the Russian Empire. The law of the Lithuanian Grand Duchy (LGD) had an impact on the Russian law during the course of history. The most important channel was the reception of the Lithuanian Statute into the Sobor Code of 1679, which later resulted in the codex of the Russian Empire. The latter was also supplemented by the norms from the Lithuanian Statute relating to some exceptions in various regions covered. Some norms were imported purely for the purpose of renewal of the Russian legislation. The reception of the Russian law in the independent Lithuanian state meant that together with it Lithuania had accepted historical norms from the Lithuanian Statute. In that manner, the modern Lithuanian law was related to the historical law of the LGD. (shrink)

Article 14 Chapter I ‘The State of Lithuania’ of the Constitution of the Republic of Lithuania of 1992 reads as follows: ‘Lithuanian shall be the State language’. This principle is not new in the Lithuanian history of constitutionalization, as Lithuanian was the official language of the State in the interwar period but lost this status during the Soviet occupation. After 1988, when many political, economic and social changes crucial for further development of the State took place in (...) Lithuania, linguistic issues re-emerged. It was recognized back then that language played a vital role in the life of the State and the society, and the Lithuanian language was given back its status of the official language by the Constitution. The principle that Lithuanian is the official language of the State, enshrined in Article 14 of the Constitution of the Republic of Lithuania, was further elaborated by the Constitutional Court of the Republic of Lithuania in its rulings and judgments. According to its official constitutional doctrine, the Lithuanian language should be treated as a very specific constitutional value, as it forms the basis of the ethnic and cultural identity of the Lithuanian nation and is the guarantor of the national identity and survival. The status of Lithuanian as the official language means that the Lithuanian language must be used in all spheres of public life. The Court also holds that having this principle enshrined in Chapter I ‘The State of Lithuania’ of the Constitution implies that the Lithuanian language enjoys particular protection since the provisions of this Chapter may be amended only by a referendum. (shrink)

Business ethics courses have been launched with professors from business pulling on one oar, and professors of philosophy pulling on the other, but they lack a sense of direction. Let's begin with the basics: What is an ehtical decision? More fundamentally, why the interest in professional ethics in the first place?There are over 300 centers for the study of appIied ethics in this country-why? The events which face our society today are outside the business-oriented collection of shared beIiefs that set (...) our pubIic policy agenda. Cur beIiefs are too narrow, thus we see, understand, and control small slices of life.Business ethics should be the study of the structure and impact on us of what we call "business science," e.g., accounting, marketing, economics, law, etc., and the corresponding study of the process of what Carl Jung called individuation: learning to become one's own uniqueself in the face of these bodies of professional knowledge which have structured our lives and charted the direction for our sensibilities for too long. (shrink)

We explore themes in Nobel Prize–winning economist James M. Buchanan’s work and apply hisEthics and Economic Progressto problems facing individuals and firms. We focus on Buchanan’s analysis of the individual work ethic, his exhortations to “pay the preacher” of the “institutions of moral-ethical communication,” and his notion of law as “public capital.” We highlight several ways people with other-regarding preferences can contribute to social flourishing and some of the ways those who have “affected to trade for the public good” might (...) want to redirect their efforts. We show how Buchanan’s work has considerable implications for business ethics. Just as his economic analysis of politics changed how we understand government, we think his economic analysis of ethics can (and should) change how we understand business. (shrink)

The recent Lithuanian court practice shows discrepancies in cases dealing with partitioning of common partial divided property. Moreover, no doctrinal research has been concluded on the limits and conditions of the co-owners‘ right to demand that his share should be partitioned from the common partial ownership in Lithuania. Taking into account that proper implementation of co-ownership rights is based on common agreement of co-owners, when no agreement is reached between co-owners regarding the fact and the mode of partitioning, a (...) question arises on what conditions and to what extent the co-owner is free to implement his right to demand partitioning of his share from the common partial ownership. The research on historical developments of the partition law in different European countries shows that the co-owner’s right to partition is based on the idea of pluralistic conception of the modern property law objects. The authors of this article argue that this conception allows the co-owner to enjoy the right to dispose of his share in the common ownership as a separate object of civil turnover at his own volition and without the other co-owner’s consent. However, the right to partition is not absolute and is limited by the rights of the other co-owner to his share of the same property, so the right to partition may be implemented only following the proportionality and interest balance between the co-owners. (shrink)

Abstract…observations of skylfull pylotts is the onlye waye to bring it in rule; for it passeth the reach of naturall philosophy. – Michael Gabriel, 1576 (Collinson, 1867, p. 30)Abstract The tension between empirical data and formal theory pervades the entire history of geomagnetism, from the Middle Ages up to the present day. This paper explores its early-modern history (1500–1800), using a hybrid approach: it applies a methodological framework used in modern geophysics to interpret early-modern developments, exploring to what extent formal (...) conjectures shaped observation and vice versa. A range of pertinent case studies supports classification of this entire period as proto-scientific, characterised by the initial formation of theories being largely disconnected from observational constraints, and their subsequent evolution being advanced primarily by their empirical falsification, and not necessarily associated with the introduction of an alternative. The few exceptional instances of purely data-driven discovery were essentially due to an improved signal-to-noise ratio. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which spans (...) hundreds of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

Based on archival documents, regulatory and other official materials, as well as the press of that time, the article attempts to shed some light on the complex beginning of Lithuanian Roman legal system research. Since the beginning of theUniversity law degree in 1922, the Roman law courses (then divided into history and dogma, the system) were taught with an exclusive focus. However, while assembling the faculty of professors at the Lithuanian university, in the beginning they had to content (...) mainly with practitioners, therefore it was particularly difficult to solve the problem of the Roman legal system researcher that required very specific knowledge. (shrink)

Private copying exception is an exception to copyright which is present both in Lithuanian national law and law of the European Union. Recent jurisprudence of Court of Justice of the European Union interpreted legal regulation of private copying exception in the laws of the European Union. The mentioned jurisprudence raised concern whether Lithuanian copyright laws on private copying exception and their interpretation in case law of Supreme Court of Lithuania are compatible with the European Union law. This paper (...) analyses the nature and intention of private copying exception, its reflection in Lithuanian and European copyright law and evaluates Lithuanian laws and case law in the light of recent jurisprudence of the Court of Justice of the European Union. The authors conclude that recent jurisprudence of the Court of Justice of the European Union on private copying exception shall not lead to any dramatic or substantial changes of Lithuanian national copyright laws. (shrink)

National <.lt> domain name disputes in Lithuania are the ones which courts must decide without having any specific legal regulation. In such cases courts shall apply analogy of law, customs and general principals of law. Last but not least, the courts must address international legal practice as regards the domain name disputes, i.e. take into account the famous ICANN Uniform Domain Name Dispute Resolution Policy adopted in 1999 and mostly applied by the panels of WIPO Arbitration and Mediation Centre while (...) dealing with disputes on generic top level domain names <.com>, <.net>, <.org>, also analyse the practice of ADR cases of Czech Arbitration Court which has the jurisdiction over <.eu> domain name disputes. This article deals with the case-law of Lithuanian courts in <.lt> domain name disputes and analysis the trends of Lithuanian internet law as regards the protection of the owners of intellectual property in Lithuania. The special attention is given to the phenomenon of cybersquatting in Lithuania and the lack of effective means to fight such unfair practices on the net. (shrink)