The Phenomenon of Freedom: Problems and Paradoxes Cover Image

Laisvės fenomenas: problemos ir paradoksai
The Phenomenon of Freedom: Problems and Paradoxes

Author(s): Karolis Jovaišas
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Lietuvos teisės institutas

Summary/Abstract: The article deals with the relationship between social order and freedom, security and freedom, property and freedom; the essential conditions of freedom and its guarantees are also discussed. Social order is a very important instrument, a means for achieving positive objectives – justice, peace and stability, ensuring universal well-being and public interest. Simultaneously, a dichotomy of purpose and means is very conditional, since, with account taken of specific circumstances, social order may be treated not only as an instrument, but also as an end in itself. Basing on such conclusion, the article gives a critical evaluation of the established thinking stereotypes and clichés of international human rights documents, according to which the individual in the democratic society has always been considered exclusively as a purpose and never as a means. The article also tackles the problem whether damage to other people may be caused by dangerous, risky or unlawful actions or absolutely unnecessary only exclusively by actions of such type. Analysis is made to what extent the different views, convictions and moral attitudes predetermine the fact that damage of a certain type (e.g., spiritual and moral), inflicted on other people, is the inevitable result of differently interpreted social values.

  • Issue Year: 2008
  • Issue No: 60 (2)
  • Page Range: 24-84
  • Page Count: 61
  • Language: Lithuanian