The Mandarins of the Law - Pro Bono Legal Work in a Comparative Perspective

2018 ◽  
Author(s):  
Daniel Bonilla
Keyword(s):  
Comparative Perspective ◽  
Pro Bono ◽  
The Law

scholarly journals “A DECENT RESPECT TO THE OPINIONS OF [HUMAN]KIND”: THE VALUE OF A COMPARATIVE PERSPECTIVE IN CONSTITUTIONAL ADJUDICATION

2005 ◽  
Vol 64 (3) ◽  
pp. 575-592 ◽  
Author(s):  
Ruth Bader Ginsburg
Keyword(s):  
Comparative Perspective ◽  
Law Faculty ◽  
The Law ◽  
Constitutional Adjudication ◽  
Human Kind

IN any season, it would be an honour to speak as a Sir David Williams Lecturer. But no season could be better for me than this one. For my daughter, Jane Ginsburg, is here at Cambridge, thriving in her year in the Arthur Goodhart Visiting Chair, thoroughly enjoying her affiliation with the law faculty and Emmanuel College, Sir David’s College (and, from 1627 to 1631, John Harvard’s too).

1. Introduction

Contract Law ◽  
2020 ◽  
pp. xl-14
Author(s):  
Ewan McKendrick
Keyword(s):  
Standard Form ◽  
Contract Law ◽  
Comparative Perspective ◽  
The Law

This introductory chapter begins by setting out the book’s three principal aims: to provide an exposition of the rules that make up the law of contract, to explore the law of contract in its transactional context, and to explore English contract law from a transnational and comparative perspective. The discussions then turn to the scope of the law of contracts; the growth in the use of standard form contracts and the increasing complexity of the form and the content of modern contracts; transnational contract law; and conflicting policies that underpin the law of contract.

Unjustified Enrichment in Comparative Perspective

2006 ◽  
pp. 968-1002
Author(s):  
Daniel Visser
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Comparative Perspective ◽  
The Future ◽  
The Common ◽  
English Law ◽  
The Law ◽  
Level Of Understanding ◽  
Unjustified Enrichment

Unjustified enrichment confronted both civil and common lawyers with thinking which was often completely outside the paradigm to which they had become accustomed. The recognition of unjustified enrichment as a cause of action in its own right in English law created a new arena of uncertainty between the systems. This article argues that comparative lawyers can make an important contribution to the future of the fractured and fractious world of unjustified enrichment. It may help to uncover the enormous wealth of learning of which both the common law and the civil law are the repositories, and so bring the same level of understanding to the law of unjustified enrichment which has, over the years, been achieved between the systems in regard to contract and tort.

scholarly journals Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor

2021 ◽  
Vol 3 (4) ◽  
pp. 537-552
Author(s):  
Chairani Azifah
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
The Law ◽  
Problem Formulations ◽  
The Right

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.

Facticity

2020 ◽  
pp. 899-916
Author(s):  
Paul Daly
Keyword(s):  
Judicial Review ◽  
Traditional Approach ◽  
Common Law ◽  
Comparative Perspective ◽  
Evolutionary Path ◽  
England And Wales ◽  
Factual Error ◽  
Administrative Action ◽  
The Common ◽  
The Law

This chapter analyses, from a comparative perspective, the law of judicial review of administrative action as it relates to factual error. The analyses is conducted in four common law jurisdictions (Australia, Canada, England and Wales, and Ireland), which have a ‘filial relationship’ as part of the common law tradition of controlling administrative action through the ordinary courts. The chapter outlines the traditional approach to judicial review of factual error in the four jurisdictions, characterized by limited judicial oversight of issues of fact. Next, the chapter describes the recent evolution in the law of judicial review of factual error. Although the evolutionary path has not led to the same destination in each jurisdiction, there has been increased judicial willingness to examine alleged factual errors in judicial review proceedings. However, the factors which have influenced the evolution of the law are different in each jurisdiction.

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