scholarly journals Legal Writing as Legal Analysis Tool in the Anglo-Saxon Legal Culture When Teaching Law Students

2021 ◽  
pp. 376-381
Author(s):  
Darya Viktorovna Aleynikova ◽  
2019 ◽  
Vol 1 (XIX) ◽  
pp. 143-158
Author(s):  
Pior Kruszyński ◽  
Jan Kil

The article is devoted to the institution of the judges of peace. The study presents the essence of the judiciary of the judges of peace. The study presents regulations concerning the judges of peace appearing in Polish legislation over its historical development. A comparative legal analysis was also performed, with particular focus on Anglo-Saxon legal culture. The publication presents legislative proposals related to the postulated introduction of the institution of peace judges into the Polish legal system in terms of petty criminal cases, as well as the advantages of such a judiciary. The article formulates proposals regarding the scope of cognition of the judges of peace as well as the basic rules of the criminal proceedings conducted before them.


2021 ◽  
Author(s):  
Rizauddin Saian ◽  
Zeti Zuryani Mohd Zakuan

2013 ◽  
Vol 34 (1) ◽  
pp. 93-111
Author(s):  
Aleksandra Łuczak

Abstract The present paper is intended to be a practical guide for teachers who need to run writing for law classes for pre-experienced law students with no or little experience of academic or legal writing. It provides the teachers with advice on how to teach students to draft modern documents by sequencing and selecting the content that reflects the needs of practising lawyers. It shows how legal writing stems from academic and general writing. Overlapping or common elements of academic and legal writing are identified and sequenced in order to create an introductory base for writing for legal purposes. Types of texts that lawyers draft have been selected and used as the scaffold- ing for writing tasks specially designed to suit the students’ proficiency and expertise.


In the editors’ note to the inaugural edition of the Pretoria Student Law Revie (PSLR) the editors wrote that the purpose of the PSLR is to serve as a platform for students to engage in ‘academic legal writing’. To students interested in publishing in the PSLR, or any other law journal for that matter this might raise the questions: ‘What is academic legal writing?’; ‘Are there other forms of legal writing?’; and ‘If so, how are they different from academic legal writing?’ These are important questions. They certainly do not only arise for potential student authors for the PSLR, but all law students who at some stage of their studies have to write ‘academic’ essays or dissertations, somehow different from ‘practical’ exam and test answers or pleadings for moot courts, or pretend-contracts. They also confront legal academics on a daily basis when they think about the nature and purpose of their work. I attempt here some answers to them.


2018 ◽  
Vol 25 (3) ◽  
pp. 23-52
Author(s):  
Yvette Maker ◽  
Jana Offergeld ◽  
Anna Arstein-Kerslake

The Disability Human Rights Clinic (DHRC) was established at Melbourne Law School, the University of Melbourne, in 2015.  Its supervisors and students conduct legislative and policy reform projects as well as strategic litigation. The DHRC was created by Anna Arstein-Kerslake to address a significant lack of resources in community-based organisations to undertake in-depth legal analysis. It uses an innovative model of clinical legal education to harness the skills of law students to fill that gap and to expose a new generation of lawyers to the emerging field of disability human rights law. In this article, we draw on our experiences running the DHRC to argue that the model it establishes can create significant scholarly output in the human rights field, direct engagement with the community, and rich doctrinal and experiential learning for students.


2019 ◽  
Vol 10 (7) ◽  
pp. 1956
Author(s):  
Mira A. ALIMBEKOVA ◽  
Alua S. IBRAYEVA ◽  
Gulnar T. ICHSHANOVA ◽  
Karlygash R. USEINOVA ◽  
Nurlan S. IBRAYEV

The legal culture of public servants is determined by the fact that the legislation implements a mechanism for the formation of a moral component, which allows to limit the use of punitive measures and at the same time ensure compliance with the law in the framework of public administration processes. The relevance of the study is determined by the fact that a public servant, in addition to following state standards for dealing with citizens, must also follow the general social culture of observing the rule of law. The novelty of the study is determined by the fact that as the main component in the formation of the legal culture of public servants, it is necessary to consider the implementation of law and the corresponding moral standard directly in the legislation and, based on this position, implement practical activities both within the framework of the public administration system and within the framework of public interaction. The authors investigate the theoretical aspects of the implementation of this provision in the legislation of the countries of the Euroregion, Kazakhstan and the United States. The article shows that the main impact on the legal culture of public servants here is exerted by norms that are implicit in the legislation. The practical significance of the study is determined by the fact that the theoretical model under study will make it possible to adopt basic regulations on the basis of the principles of sustainability of the society functioning and to adopt the concept of development of the rule of law.  


2020 ◽  
Vol 18 (10) ◽  
Author(s):  
Andrew Rabin
Keyword(s):  

2021 ◽  
Vol 5 (2) ◽  
pp. 1-30
Author(s):  
Przemysław Krawczyk ◽  
Bartosz Łukowiak

In their article, Przemysław Krawczyk and Bartosz Łukowiak discuss the issue of the habeas corpus procedure. On the basis of a comparative legal analysis, they present a model of the functioning of this institution in Poland and in selected countries whose legal code is based on common law. Krawczyk and Łukowiak discuss in detail, among other things, the scope and the subject matter of this mode and the catalogue of guarantees associated with it. Their research has made it possible to compare the most important similarities and differences in the functioning of the habeas corpus privilege in the Polish legal code and in common law. This, in turn, has allowed them to assess the accuracy of some of the solutions known to the Polish criminal procedural law. This article contains extensive references to the views expressed on this mode both in the Polish and the Anglo-Saxon doctrine of the procedural criminal law and to the case law of the European Court of Human Rights and the United States Supreme Court.


2021 ◽  
Vol 3 (3) ◽  
pp. 68-82
Author(s):  
Mihail Mateev ◽  

Introduction. The article is an attempt at a theoretical understanding of the following con- cepts: conciliation procedures, magistrate’s courts and magistrate’s justice. The research aims to analyse the genesis and nature of the models of magistrate’s justice that have de- veloped in the practice of national legal systems, and in particular in the judicial practice of the Republic of Bulgaria. Theoretical Basis. Methods. The article provides a brief historical and comparative legal analysis of well-known models of magistrate’s justice. These include foreign legislations, and countries belonging to the continental legal family and the countries of the Anglo-Saxon legal family. This made it possible to assess the diversity of the essential elements of the institute of magistrate’s justice, and highlight their main models. Results. Based on the study of the place and role of justices of the peace in the judicial sys- tem, the author concluded that there is an emergence of justice according to the principles established during the thousand-year history of the development of justice in Europe. The classification of the types of magistrate’s justice has been carried out. Alternative methods of dispute resolution, conciliation and litigation in the resolution of disputes are also con- sidered. Discussion and Conclusion. Scientific conclusions are formulated concerning the legal na- ture of the analyzed institution, and its place in the justice system.


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