Public Lawyers, Political Trials and the Neutrality of the Legal Profession

1981 ◽  
Vol 16 (1) ◽  
pp. 20-27
Author(s):  
Vittorio Denti
Keyword(s):  
Legal Profession ◽  
Basic Element ◽  
The Other ◽  
Law Schools ◽  
The Social ◽  
Political Choices ◽  
The Law ◽  
Political Trials ◽  
The One ◽  
The 19Th Century

A discussion on the neutrality of the lawyer requires some preliminary elucidation. Indeed, as concerns the judge's function, the term “neutrality” is generally used in connection with diverse principles such as: (a) the judge's impartiality with regard to parties, a basic element characterizing the adversary process, according to a tradition dating back to classical liberalism; (b) the judge's neutrality with regard to the law, typical of codified law systems where political choices are entrusted to the legislative power, the judge being a mere interpreter of the law, according to objective criteria; (c) the judge's independence of the other public powers, and thus his autonomy with regard to the aims pursued by the legislative and executive powers.We will not dwell here on the fact that the principle of the judge's neutrality, according to the liberal tradition, is now undergoing a crisis, in connection with the evolution of modern states. Together with the principle of the judge's neutrality, this same tradition also developed, though in a markedly different sense, the principle of the lawyer's neutrality, which became deeply rooted in the conception of the legal profession; the common inheritance of all liberal states up to the social revolutions of the 20th century. This “neutrality” encompasses different aspects of the legal profession, whose common matrix can be found, on the one hand, in the social composition of lawyers as a class and in the viewing of the legal profession as a “liberal” profession; and on the other, in the characteristics of legal education in the 19th century law schools.

What is the Nature of the Crime of the Delinquent Daughter in Deuteronomy 22:13-21? A Rejoinder to J. Fleishman's Suggestion

2009 ◽  
Vol 59 (3) ◽  
pp. 446-459
Author(s):  
Meir Malul
Keyword(s):  
Death Penalty ◽  
The Other ◽  
Exact Nature ◽  
Previous Suggestion ◽  
Social Community ◽  
Legal Proceedings ◽  
The Social ◽  
The Law ◽  
New Interpretation ◽  
The One

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).

The Law

2019 ◽  
pp. 114-131
Author(s):  
Rory Muir
Keyword(s):  
Legal Profession ◽  
The Other ◽  
Social Standing ◽  
School Teachers ◽  
The Social ◽  
The Law ◽  
Property Transfers ◽  
Vast Range ◽  
Better Than ◽  
The Prestige

This chapter looks to the other branch of the legal profession: the attorneys and solicitors. Attorneys and solicitors dealt directly with the client and cover a vast range of legal matters, including wills, property transfers, and other affairs that usually do not need to be tested in court. Attorneys were much more numerous than barristers in Regency England. The social standing of attorneys relative to the gentry, the clergy, and other genteel professions was also open to doubt. They certainly lacked the prestige of barristers. Indeed, attorneys seemed little better than school-teachers or the better sort of shopkeeper: respectable enough in their way, but not a career for the younger sons of the gentry. However, as the chapter shows, attorneys were also considered a rather gentlemanly profession, and many gentlemen indeed prospered by becoming one.

scholarly journals When Justice Fails: Jurisdiction and Imprecation in Ancient Egypt and the near East

1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann
Keyword(s):  
Social Order ◽  
Near East ◽  
Social Institutions ◽  
Ancient Egypt ◽  
The Other ◽  
Near Eastern ◽  
The Social ◽  
The Law ◽  
The Difference ◽  
The One

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.

scholarly journals O eksplanacyjnych możliwościach kulturowego ujęcia systemowości prawa

2016 ◽  
Vol 104 ◽  
pp. 61-72
Author(s):  
Tomasz Barankiewicz
Keyword(s):  
Social Life ◽  
The Other ◽  
Complex Phenomenon ◽  
Cultural Patterns ◽  
Late Modernity ◽  
Cultural Approach ◽  
Normative System ◽  
The Social ◽  
The Law ◽  
The One

ON THE EXPLANATORY POSSIBILITIES OF CULTURAL APPROACH TO SYSTEMIC CHARACTER OF LAWThe article discusses the issue of cultural understanding of the law. Generally in this study we describe the condition of society of the period of late modernity. First of all, we assume that, on the one hand, law is a certain system of norms founded traditionally according to the principle of non-contradiction, whereas on the other hand, the constituted law cannot be isolated from other regulators of social life. The law is a complex phenomenon and can be analyzed at many levels. However, using the social and cultural argument, the principle of non-contradiction refers to the whole axiological and normative system of a given culture. The cultural approach applied here points to both the diversity as well as the unity of cultural patterns and rules in social life.

scholarly journals Globalisation and ethnic jokes: A new look on an old tradition in Belarus and Estonia

2017 ◽  
Vol 5 (4) ◽  
pp. 85 ◽  
Author(s):  
Liisi Laineste ◽  
Anastasiya Fiadotava
Keyword(s):  
19Th Century ◽  
Comparative Method ◽  
The Other ◽  
The Internet ◽  
Cultural Traditions ◽  
Social Facts ◽  
The Social ◽  
Joking Relationships ◽  
The One ◽  
The 19Th Century

Christie Davies, the renowned humour researcher and a passionate propagator of the comparative method in studying jokes, stressed the necessity of establishing a relationship between two sets of social facts: the jokes themselves on the one hand, and the social structure or cultural traditions wherein they disseminate on the other (Davies 2002: 6). He also inspired others to examine the differences and similarities in the patterns of jokes between different nations, social circumstances and eras. By doing this and building falsifiable models and generalisations of joking relationships, he changed the way we look at and analyse ethnic jokes.This study returns to earlier findings of Estonian (Laineste 2005, 2009) and Belarusian (Astapova 2015, Zhvaleuskaya 2013, 2015) ethnic jokes and takes a look at new trends in fresh data. Starting with the jokes from the end of the 19th century and ending with the most recent jokes, memes and other humorous items shared over the Internet, the paper will give an overview of how social reality interacts with the rules of target choice, above all describing the effect of globalisation on jokelore.

scholarly journals The Grammatica da Lingua Italiana para os Portuguezes by Antonio Prefumo: between the traditional and the conversational method

2021 ◽  
pp. 430-451
Author(s):  
Monica Lupetti ◽  
Matteo Migliorelli
Keyword(s):  
19Th Century ◽  
The Other ◽  
Practical Reasons ◽  
Other Hand ◽  
The Social ◽  
Intellectual Context ◽  
The Subject ◽  
The One ◽  
The 19Th Century ◽  
Grammatical Tradition

Within the Italian FL grammatical tradition, the 19th century is a very fruitful period. In other contributions, we have highlighted how several Portuguese and Italian figures connected to the circle of the S. Carlos Theatre in Lisbon act as preceptors and compose some grammars, which contain a strong normative part and, at the same time, connect themselves to the conversational tradition: among these works, the Grammatica da Lingua Italiana para os Portuguezes by Antonio Prefumo (Lisbon, 1829) plays a central role, as it goes through four editions over almost forty years. The paper analyses the social and intellectual context of production of this text, besides outlining the author’s profile and providing a philological reconstruction of the sources and models adopted. Furthermore, the paper attempts an analysis of the Grammatica that, on the one hand, highlights both the heritage of the vernacular and Enlightenment grammatical traditions and its innovative aspects and, on the other hand, compares the various editions through the study of their macro-textual areas. The methodology underlying our description follows that proposed by Swiggers (2006, 168) being based on four aspects: the analysis of the author, the audience, the subject described and its form. This approach places the author at the centre of a historical conjuncture in which the traditional grammatical method was associated with that of conversation, responding to the demand of an audience that increasingly approached the study of FL for practical reasons, rather than to meet the traditional educational demands of the upper classes.

scholarly journals Law and Social change: An Analytical Study

2021 ◽  
Vol 5 (IV) ◽  
pp. 01-09
Author(s):  
Dr. Shiv Pratap Singh Raghav
Keyword(s):  
Social Change ◽  
Analytical Study ◽  
State Legislature ◽  
The Other ◽  
Social Thinking ◽  
The Social ◽  
Heavy Burden ◽  
The Law ◽  
The One ◽  
Two Sides

There are two sides of each coin’ similarly. Each act of any person is also, either good or bad. And it is the rule, since existence of the society; good has to be accepted and the prohibited (evil, adharma or asatya). Indian Judiciary has generally been found to be alive to the needs of change happening in social thinking. By giving due consideration to the same while interpreting statutes in particular cases, the courts have brought out their fresh implications and thereby added new dimensions to the law. It is correct that law is an instrument of social change, law changes its shape according to the requirement of society or society changes the law through enactment of statues. In India, every session of Parliament and State Legislature introduces the Bills to amend the Act s(s) or enact Act(s). On the other hand, where, any question of facts comes before the court, judiciary’ (especially higher judiciary) is interpreting the law according to the requirement of society. The dialectic of the legal system in India, with its entrenched “multiplex of social structures” on the one hand and its multiplicity of indigenous, colonial, and developmental traditions on the other, is tremendously complex. The significant element in the interaction between law and society in India is the heavy burden on these multiple traditions and the social concerns and orientations of each.

Lorenzo at ‘The Theatre’ Meeting actors and audience

2018 ◽  
pp. 13-38
Author(s):  
N. Ceramella
Keyword(s):  
Social Structure ◽  
Social Situation ◽  
The Other ◽  
Detailed Account ◽  
The Social ◽  
New Perspective ◽  
The One

The article considers two versions of D. H. Lawrence’s essay The Theatre: the one which appeared in the English Review in September 1913 and the other one which Lawrence published in his first travel book Twilight in Italy (1916). The latter, considerably revised and expanded, contains a number of new observations and gives a more detailed account of Lawrence’s ideas.Lawrence brings to life the atmosphere inside and outside the theatre in Gargnano, presenting vividly the social structure of this small northern Italian town. He depicts the theatre as a multi-storey stage, combining the interpretation of the plays by Shakespeare, D’Annunzio and Ibsen with psychological portraits of the actors and a presentation of the spectators and their responses to the plays as distinct social groups.Lawrence’s views on the theatre are contextualised by his insights into cinema and its growing popularity.What makes this research original is the fact that it offers a new perspective, aiming to illustrate the social situation inside and outside the theatre whichLawrenceobserved. The author uses the material that has never been published or discussed before such as the handwritten lists of box-holders in Gargnano Theatre, which was offered to Lawrence and his wife Frieda by Mr. Pietro Comboni, and the photographs of the box-panels that decorated the theatre inLawrence’s time.

On the nature of chemistry

2018 ◽  
Vol 10 (2) ◽  
pp. 74 ◽  
Author(s):  
Eric R. Scerri
Keyword(s):  
19Th Century ◽  
The Other ◽  
Recent History ◽  
History Of Chemistry ◽  
History Of ◽  
The One ◽  
Fundamental Unity ◽  
The 19Th Century

<span>The very nature of chemistry presents us with a tension. A tension between the exhilaration of diversity of substances and forms on the one hand and the safety of fundamental unity on the other. Even just the recent history of chemistry has been al1 about this tension, from the debates about Prout's hypothesis as to whether there is a primary matter in the 19th century to the more recent speculations as to whether computers will enable us to virtually dispense with experimental chemistry.</span>

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

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