Arbitration and insolvency proceedings are legal instruments governed by different objectives and different legal principles. While in arbitration the autonomy of the parties plays a major role, all insolvency proceedings are collective proceedings where autonomy of the parties is strictly limited, the majority of issues are regulated by binding legal provisions and strong controlling powers are vested into insolvency court. Therefore, in this article the authors analyse the issues of compatibility between insolvency proceedings and arbitration. The Lithuanian legal framework which (...) was in force until 30 June 2012 was ambiguous. According to the wording of Article 11 of the previous Law on Commercial Arbitration, disputes connected with bankruptcy shall not be submitted to arbitration. It was not entirely clear whether this provision was restricted to ‘core’ insolvency issues such as opening and conduct of the proceedings, appointment of the office holder, administration of the estate, liquidation etc. or it also included all other questions related with insolvency. The jurisprudence of the Lithuanian courts gave a broad meaning to the restriction expressed in the Law on Commercial Arbitration. Accordingly, such questions as verification of claims and disputes with the creditors were also excluded from arbitration after announcement of bankruptcy of the debtor. The authors argue that distinction should be drawn between cases in which an insolvent enterprise is a claimant and where it is a defendant. It is also important to draw a line between arbitration agreements entered into before announcement of bankruptcy and arbitration agreements concluded by the bankruptcy trustee with the consent of the majority of creditors. In this article, the new Law on Commercial Arbitration which has entered into force on 30 June 2012 is analysed and according to which an insolvent enterprise remains bound by arbitration agreement in both cases where it is a claimant and where it is a defendant. Several contentious issues of the new law are identified and analysed in the article, such as the position of other creditors in the proceedings, relation between arbitration and restructuring procedure, enforceability of arbitration agreement in cases where an insolvent enterprise lacks funding to pay arbitration costs etc. (shrink)

The adoption of the Collateral Directive 2002/47/EC represents an important progress towards the implementation of a truly harmonized single financial market. The Lithuanian Financial Collateral Arrangements Act (the Law) has implemented the Directive 2002/47/EC in time. The Law establishes special regulation for financial securities given in transactions between „professional market participants“, between market participants and other companies, inclusive small and medium-sized enterprises. The Law applies to certain transactions on the financial markets and aims at stabilizing the financial markets. Essentially, the (...) Directive and the national implementing law ensure the enforceability of financial collateral arrangements and provide for rapid and non-formalistic enforcement of financial collateral procedures in insolvency cases. The realization of financial collaterals is made easier and cheaper. (shrink)

In the increasing body of metatheoretical literature on "causal mechanisms," definitions of "mechanism" proliferate, and these increasingly divergent definitions reproduce older theoretical and methodological oppositions. The reason for this proliferation is the incompatibility of the various metatheoretical expectations directed to them: (1) to serve as an alternative to the scientific theory of individual behavior (for some social theorists, most notably Jon Elster); (2) to provide solutions for causal inference problems in the quantitative social sciences, in social history, and in the (...) (3) qualitative research context; and (4) to serve as an alternative for narratives (Charles Tilly). Mechanisms can do (1) only as under-specified law-like regularities, deliver (2) as robust generative processes represented by models, and accomplish (3) as fragile generative processes (stories), but these are not all compatible. (edited). (shrink)

We test the hypothesis that demographic continuity was a necessary condition of performable token post-communist social restorations. Demographic continuity means sufficient overlapping between populations of original and restored systems. Token social restoration refers to restorations where original and restored systems are identical. It is opposed to type restoration where original and restored systems are numerically different instances of the same type. The identity of original and restored systems in token restorations is achieved by performing various practices in the restored system (...) to establish institutional continuity with the original system. The restitution of property rights is the most important of them in the post-communist restorations. So our hypothesis claims that these practices cannot be performed without sufficient demographic continuity. We abstract the demographic continuity thresholds by measuring shares of survivors from the precommunist times in the population of Baltic countries by 1990. Our data confirm the hypothesis as in none of post-communist countries with demographic continuity below these thresholds there was property rights restitution. (shrink)

This book is a collection of papers published in English by the best internationally known Polish writer in metahistory during the last three decades of the past century. Expanded by translation of selected fragments from Polish, it provides international readers for the first time a synoptic picture of Jerzy Topolski’s contributions to theoretical self-reflection of historical studies. During his lifetime, Topolski presented himself and was perceived as an exponent of the “idealizational theory of science” (ITS) of the Poznań school of (...) methodology, applying this theory to historical studies. After locating his work in this context, the broader view of Topolski’s contribution is advanced, locating it in the tradition of attempts of internal self-explication of historical studies, going back to Droysen (Historik) and Lelewel (historyka), and opposing themselves to philosophical metatheories of history. Ironically, Topolski’s methodological work gained international recognition because it was perceived as a philosophical contribution. However, in Poland itself, Topolski’s work was uniquely successful among historians and it has been a nearly obligatory part in the academic socialization of new generations of Polish historians since the 1970s. (shrink)

This paper discusses the prospect of the "new social history" guided by the recent work of Charles Tilly on the methodology of social and historical explanation. Tilly advocates explanation by mechanisms as the alternative to the covering law explanation. Tilly's proposals are considered to be the attempt to reshape the practices of social and historical explanation following the example set by the explanatory practices of molecular biology, neurobiology, and other recent "success stories" in the life sciences. Recent work in the (...) philosophy of science on these practices by Peter Machamer, Lindley Darden, Carl Craver and others is used as the foil to disclose the difficulties of Tilly's project. Most important among them is the dilemma of specification: if diagrams (standard forms of the representation of mechanisms) are intended as representations of robust causal processes, they cannot be specific enough to provide complete mechanism schemata, and are bound to remain mechanism sketches. If mechanism sketches are elaborated in detail by tracing particular causal processes, they provide representations of fragile causal processes, which cannot be considered as mechanisms comparable to those in advanced life and other special sciences. Tilly's work on the explanation of mechanisms can be considered as symptomatic for the recent trend to visualize the forms of historical representation. As far as diagrams seem to be able to communicate stories in a direct way (without narrative discourse), this trend is a challenge for the theory of historical representation. The new theories of scientific explanation focusing on the explanatory practices of the life sciences can provide examples and be the source of inspiration for the work on the theory of historical and social explanation, going beyond the confines of the received framework of the covering law model of explanation. (shrink)

Baranova, Jūratė Lithuanian Philosophy: Persons and Ideas. Lithuanian Philosophical Studies, II. Washington: The Council for Research in Values and Philosophy, 2000. XII +314 p.

This selection of texts should interest those who study analytical philosophy of history, methodology of history, and historical sociology. It contains contributions by Polish historians and philosophers since 1931, with pride of place given to the work of the Poznań school in the philosophy of science and humanities. With Jerzy Kmita, Leszek Nowak, and Jerzy Topolski as its leaders, it emerged in late 1960s as a synthesis of Marxism and the Polish brand of logical positivism known as the Lwow-Warsaw school. (...) Most papers discuss or exemplify various forms of idealization in historical research. Although the papers demonstrate the usefulness of modeling in historical sociology and nonnarrative history, the collection as a whole does not provide realistic examples to substantiate the Poznań school's stronger claim of the decomposability of historical narratives into separate strips related to hierarchically ordered “essential factors.”. (shrink)

Class effects in Estonia, Finland, Latvia and Lithuania are compared in the framework of the Neo-Weberian social class theory (EGP class schema), using European Social Survey (ESS) Round 4 (2008–2010) data, just at the time when Estonia, Latvia and Lithuania completed their transition to market economy and liberal democracy. Finland, perceived in the post-communist Baltic countries as a model or a “real utopia” state, is used as benchmark for a comparative estimation of the strength of class effects. The main findings (...) of the statistical correspondence analysis are the following: (1) Class inequality of life chances is more pronounced in the post-communist Baltics than in Finland; (2) Paradoxically, class effects on ideological orientations and party voting are more prominent in Finland, where class inequality is less pronounced. (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)

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

The book "Idealization XIV: Models in Science" offers a detailed ontological, epistemological and historical account of the role of models in scientific practice. The volume contains contributions of different international scholars who developed many aspects of the use of idealizations and models both in the natural and the social sciences. This volume is particularly relevant because it offers original contributions concerning one of the main topic in philosophy of science: the role of models in such branches of the sciences and (...) the humanities like comparative historical sociology, economics, history, linguistics and political philosophy. -/- Contributors are: Giacomo Borbone, Krzysztof Brzechczyn, Mieszko Ciesielski, Adam Czerniak, Xavier de Donato Rodríguez, José L. Falguera, Adolfo García de la Sienra, Lidia Godek, Igor Hanzel, Łukasz Hardt, Krzysztof Kiedrowski, Barbara Konat, Zenonas Norkus, Piotr Przybysz, Piotr Szwochert. (shrink)

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.