Legal Thinking in the Interwar Latvian Senate [PDF]

Dr. iur. Diāna Apse
Faculty of Law, University of Latvia
Department of Theory and History of Law

In this article, the author researches and analyses the legal thinking created by Senators A. Lēbers and M. Čakste, aspects of interdisciplinary interaction of subsidiary sources and branches of law in the interwar Latvian Senate. The findings made by the senators of interwar Latvia (in the capacity of rapporteurs on a case, members of the court’s composition) help to explore the historical events and the legal culture of the respective age by reading the primary sources. In the conditions of contemporary legal system, the described cases and legal institutions mostly have similar regulation and could be useful for the development of the case law on the respective matter. Interaction of subsidiary sources, in particular, the used findings of the doctrine build bridges across ages and promote the continuity of uniform case law and understanding of law. The range of resolved legal matters pertained to a broad area of law – branches of law, interdisciplinary aspects of the legal system. The scientific contribution by Senators A. Lēbers and M. Čakste is universal and significant in the context of European and global thinking. Notwithstanding the circumstances, they remained loyal to democratic Latvia. 

Keywords: legal system, legal sources, legal science, case law, continuity, legal thinking.

pp. 223–240

Juridiskā zinātne / Law, No. 14, 2021

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Journal of the University of Latvia “Law”
ISSN 1691-7677

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