| Title |
Instrumentalizmas teismų sprendimuose: argumentavimas įvertinus socialinius padarinius / |
| Translation of Title |
Instrumental Approach of Courts: Legal Argumentation Based on Social Consequences of a Judgment. |
| Authors |
Murauskas, Donatas |
| Full Text |
|
| Pages |
381 |
| Keywords [eng] |
Legal argumentation ; courts ; social consequences ; instrumentalism |
| Abstract [eng] |
The thesis analyses legal arguments of courts which include evaluation of social outcome of a case. The objective of the research is to define indispensable theoretical prerequisites to apply legal argumentation based on social consequences of a judgment and to reveal its potential in the current jurisprudence of courts. The analysis consists of two parts. The prime is more of theoretical type. It is focused on discussions related to the fundamental features of legal argumentation as well as the search for a relevant methodological background for courts to evaluate social impact of their judgments. The former part of the thesis is more focused on the analysis of the jurisprudence of courts. It includes the case-law of a variety of national and supranational courts. The analysis is primarily aimed at the potential of consequences-based argumentation which is not extensively developed by courts. |
| Dissertation Institution |
Vilniaus universitetas. |
| Type |
Doctoral thesis |
| Language |
Lithuanian |
| Publication date |
2015 |
