The Importance of the cognition of social relations in defining and implementing their legal regulation

• International network of doctoral studies in law: knygos tekstas

ENThe article uses one of the areas of social relations — architecture as one of the factors for forming human environment — to examine the importance of interdisciplinary cognition of social relations in defining and implementing their legal regulation. Both the European Court of Human Rights and the Constitutional Court of the Republic of Lithuania define environmental quality as a necessary factor to ensure human rights and their proper implementation. However, none of the legal documents define or can define the content and — especially — the expression of contextuality, integrity, ergonomics, functionality, aesthetics and other concepts, important to environmental quality. On the contrary — keeping in mind the specifics of these categories, it is evident that the pre-defined norms would more likely prevent environmental quality than ensure it, since quality in environmental solutions and their conformity to international and national regulatory documents, as well as public interests, can be met only on the basis of a detailed analysis of the location and the needs of its future users.However, despite the nature of the social relations, which promotes non-regulation, the law must define measures to ensure the balance of the economic, ecological and social public interests, as well as protect the human rights and freedoms affected by architectural decisions. Appropriate evaluation of the nature of regulated relations becomes particularly important during periods of social or economic crisis, when legislative solutions need to be made fast and at the same time (highly desirable) define both their short-term and long-term effect. Therefore, the duty of the state to ensure the public interest and the specifics of the regulated relations show the significance of the special doctrine of architecture, environmental psychology and other related academic fields, in implementing the legal objectives of social harmony, coordination of different public interests and protection of human rights and freedoms. [From the publication]