Not a New Problem: How the State of the Legal Profession Has Been Secretly in Decline for Quite Some Time

2012 ◽  
Author(s):  
Marc Gans
Keyword(s):  
Legal Profession ◽  
The State

scholarly journals Accessory and Witness - The Profession of the Lawyer under Stalin (1945–1953)

2016 ◽  
Vol 71 (01) ◽  
pp. 153-182
Author(s):  
Juliette Cadiot
Keyword(s):  
Legal Profession ◽  
Second World War ◽  
The State ◽  
Soviet Society ◽  
World War ◽  
Privileged Information ◽  
Mutual Assistance ◽  
Stalin Era ◽  
Intermediary Role ◽  
Second World

Drawing on research conducted in Russian and Ukrainian archives, this article explores the legal profession in the late Stalin-era USSR, with a focus on the years following the Second World War. During this period, the number of cases dealt with in the courts grew considerably, and calls to rehabilitate “socialist legality” became more pressing. It is against this backdrop that the article details the different professional aspects—social trajectories and daily practices—of the criminal lawyer's craft. It concludes that while their influence remained relatively weak and was rarely anchored in their legal capabilities, Soviet lawyers did develop economic and networking capacities that enabled them to maintain their autonomy and to fully participate in the dynamics of the Soviet society that emerged in the aftermath of the war. Despite their weak position and the purges they had suffered, lawyers found ways to gain privileged information about ongoing cases, and some of them played an intermediary role between the apparatus of repression and Soviet notables—particularly by participating in the system of bribery and clientelism. Their actions exemplified the ways that Soviets acclimatized to Stalin's dictatorship, working to bend and improve the rules and to create spaces of protection, mutual assistance, and exchange at the heart of the state and the party.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

The legal profession in the 1990s – images of change

Legal Studies ◽  
1990 ◽  
Vol 10 (1) ◽  
pp. 1-11 ◽  
Author(s):  
Cyril Glasser
Keyword(s):  
Social Factors ◽  
Legal Profession ◽  
The State ◽  
Legal Services ◽  
Recent Past ◽  
Short Period

As someone who has spent a lot of time examining the underlying economic and social factors which affect lawyers and the services which they provide, I have to admit that I have no special insights which inform me how the legal profession will alter over the next few years. So much has happened in the recent past, such is the state of flux in the wake of the government's green and white papers that it would be a very foolish person who would confidently predict developments. Even the enactment of the Courts and Legal Services Bill will only provide a limited framework for the changes which are now taking place and further legislation may be necessary within a short period.

Law Reform in a Developing Country: A New Code of Obligations for Senegal

1964 ◽  
Vol 8 (1) ◽  
pp. 6-19
Author(s):  
E. Allan Farnsworth
Keyword(s):  
United States ◽  
Developing Country ◽  
Legal Profession ◽  
The United States ◽  
The State ◽  
Sub Saharan Africa ◽  
Law Reform ◽  
Private Law ◽  
Sub Saharan ◽  
The Republic

The Republic of Senegal has embarked upon a project to reform its private law. This fact, of itself, might not seem worthy of the attention of the legal profession in the United States, since Senegal is a country of only about 3,250,000 inhabitants, less than the population of the state of Alabama, covering only 76,000 square miles, less than the area of the state of Kansas, and having a total of exports and imports to the dollar zone of less than twelve million dollars in 1962. With twenty per cent of its population in its six largest cities of more than 30,000 inhabitants, it is the most urban, most literate, and most Europeanized of the francophonic countries of sub-Saharan Africa, but this alone would evoke little interest abroad in its attempts at law reform.

The State, the Legal Profession, and the Defence of the Poor

1988 ◽  
Vol 15 (4) ◽  
pp. 342 ◽  
Author(s):  
Michael McConville ◽  
Chester L. Mirsky
Keyword(s):  
Legal Profession ◽  
The State ◽  
The Poor

THE JEWS AND VICHY: REFLECTIONS ON FRENCH HISTORIOGRAPHY

2001 ◽  
Vol 44 (4) ◽  
pp. 1065-1082 ◽  
Author(s):  
JACQUES ADLER
Keyword(s):  
Banking System ◽  
Legal Profession ◽  
The State ◽  
Outstanding Contribution ◽  
Jewish Question ◽  
French History ◽  
Upper Echelons ◽  
Vichy Regime ◽  
The Media

This review examines the state of current research on the fate of the Jews under the Vichy regime. Remarkable studies, from native and foreign scholars, dealing with the persecution of the Jews have examined aspects of that process hitherto ignored. They constitute a major contribution to our knowledge of the wartime involvement of the upper echelons of the French administration, the legal profession, and the banking system in the persecution of the Jews. And yet, despite recurring revelations of the involvement of the administration in the wartime treatment of Jews, despite the outstanding contribution of studies of the Vichy regime, and the space occupied by the Jewish question in the media, they have failed to bring to a close that chapter in French history.

scholarly journals The Islamist Trend in Egyptian Law

2010 ◽  
Vol 3 (3) ◽  
pp. 610-630 ◽  
Author(s):  
Tamir Moustafa
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The State ◽  
The Political ◽  
The Past ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Socio Economic Variables ◽  
The Impact ◽  
Principle Source

AbstractThe past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article 2 of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that is particularly striking given the long and illustrious history of the Lawyer's Syndicate as a bastion of liberalism. Despite these significant shifts, however, Islamist litigation has achieved only limited legal victories. This article traces the political and socio-economic variables that underlie the Islamist trend in Egyptian law, and examines the impact of Islamist litigation in the Egyptian courts.

scholarly journals Arkansas' New Court and Its Effect on the Arkansas Appellate System

1985 ◽  
Vol 5 ◽  
pp. 20-37
Author(s):  
James D. Gingerich
Keyword(s):  
Supreme Court ◽  
Legal Profession ◽  
The State ◽  
Judicial System ◽  
Court Of Appeals ◽  
The Supreme Court

On November 7, 1978, the voters of the State of Arkansas approved Amendment 58 to the Arkansas Constitution, creating the Arkansas Court of Appeals. The impetus for the new court had come from members of the Arkansas Supreme Court and others in the legal profession who argued that the state's judicial system, and specifically the Supreme Court, would suffer without it. Proponents argued that the new court would reduce the Supreme Court's workload, allow judges more time to consider cases and write opinions, and make the appellate process quicker and more efficient. The purpose of this paper is to attempt to determine whether these projected benefits have accrued and what effects, if any, the court has had on the Supreme Court.

scholarly journals Karl Schmitt on the Hitler Phenomenon in German History:an Attempt at Literary Self-Knowledge

2019 ◽  
Vol 6 (2) ◽  
pp. 158-164
Author(s):  
Valery Grigor'evich Baev
Keyword(s):  
Legal Profession ◽  
The State ◽  
Point Of View ◽  
Legal Positivism ◽  
Psychological State ◽  
Main Thesis ◽  
Self Knowledge ◽  
Nazi Era

The article analyzes the psychological state of a scientist seeking self-justification for cooperation with the criminal government (after its collapse). Romantic ideas and thoughts about the imposture of Karl Schmitt are a search for a convincing version of one’s own conformism. The author of the article shows that conformism is typical of the entire German legal profession of the Nazi era: they, relying mainly on legal positivism, justified their behavior by defending the position of the state, despite or contrary to Nazism. Schmitt’s case is special: he became a Reich theorist, who subsequently rejected his ideas.The main thesis of the article is to understand the circumstances under which conformism relativizes professionalism and erodes the boundaries between science and ideology, truth and falsehood - a problem interesting from the point of view of relations between scientists and tyrants (Plato and Dionysius, Voltaire and Friedrich, old lawyers and the Bolsheviks, etc.). With this approach, the article aims to determine the boundary between conformism and cooperation, identifying the factors that determine its transition in general and in Schmitt in particular.

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