| Abstract [eng] |
The master's thesis analyzes the expression and defense of honesty as a fundamental value in the jurisprudence of the courts of the Republic of Lithuania. The first part of the scientific research paper reveals the concept of honesty, presented in philosophical and religious sources. Conscience comes from God, traditions, and the person. Philosophical sources are dominated by the intellectual concept of conscience. In religion we find the rudiments of a consequent conscience. In philosophy, honest behavior is described as selfless and prosocial. In religion, conscience is understood as a law that sets the standards of proper behavior, or as a judge who, when a person commits actions contrary to conscience, imposes a punishment - emotional suffering. The second part analyzes honesty as a legal category. Attention is drawn to the fact that honesty, as a value, and the principle of honesty are of the same category. The content of the principle of fairness is not revealed either in the Constitution of the Republic of Lithuania or in the Civil Code of the Republic of Lithuania. Courts, after assessing the circumstances of the case, determine whether the person's behavior complies with the principle of honesty. Argumentation based on the principle of fairness allows to make an objective and fair decision, but in certain cases due to its abstract content, there is a threat that the courts may express their subjective position when interpreting and applying the principle of fairness in the cases under consideration. The third part analyzes the jurisprudence of the Constitutional Court of the Republic of Lithuania and the Supreme Court of Lithuania. It is determined that the concept of honesty, presented in philosophical, religious sources and legal discourse, coincides. Courts not only dictate what behavior is fair, but also defend it. |
