Community

2017 ◽  
Author(s):  
John Eekelaar
Keyword(s):  
Legal Profession ◽  
Community Action ◽  
Alasdair Macintyre ◽  
Legal Aid ◽  
Cultural Rights ◽  
Insufficient Attention ◽  
Ultimate Purpose

This final chapter considers the critiques of individualism by communitarianism and feminism which followed the work of Alasdair Macintyre. While recognizing the virtues of community, it argues that those critiques paid insufficient attention to the opportunities that community action give for the exercise of power by sectional groups within communities, and that the ultimate purpose of supporting communities must be for the benefit of their individual members. It is argued that cultural rights should not be seen as the rights of groups to control members of the group, but of members of the group to choose to follow practices they see important to their identity. If individuals are to be adequately protected against the power of the community and of powerful individuals, institutions must exist wherein their rights can be articulated. The roles of the legal profession and mediation are examined in this context, including the place of legal aid.

An Ethical Postlude

2017 ◽  
Author(s):  
Jonathan D. Teubner
Keyword(s):  
Alasdair Macintyre ◽  
Ethical Reflection ◽  
Historical Approach ◽  
Critical Engagement

‘An Ethical Postlude’ returns to reflect directly on an understanding of tradition that frames how Boethius and Benedict relate to Augustine vis-à-vis the theme of prayer. This final chapter reflects on the kinematics of tradition, that is, on the actual motions qua motions of the act of tradition. This chapter engages the work of Alasdair MacIntyre and Jeffrey Stout, both of whom have offered challenges to religious ethicists to broaden their historical horizons. Through critical engagement with MacIntyre and Stout, this chapter presents a case for an historical approach to Christian existence which can still give rise to meaningful moral and ethical reflection without having to accept (consciously or unconsciously) a Hegelian metaphysics of history.

scholarly journals Current stage of Russian advocacy development

2021 ◽  
pp. 27-36
Author(s):  
S. I. Volodina
Keyword(s):  
Mental Health ◽  
Professional Development ◽  
Law Enforcement ◽  
Legal Profession ◽  
Negative Consequences ◽  
Legal Aid ◽  
The Status ◽  
Standards Of Proof ◽  
Current Stage

The paper considers the present time status of the Russian advocacy, the progress in digitalization of the legal profession and plans for the future development, as well as advocacy’s challenging issues and solu- tions. The article reviews criteria for division of advocacy’s challenging issues. The paper refers to the creation of a commemorative medal in honor of the 30th anniversary of the FSAR (Russian Federal Lawyers Union).The role in the integration of the legal profession of the famous attorney and the former head of the department of advocacy of the Kutafi n Moscow State Law University (MSAL) A. V. Kligman, in whose honor the medal was created, is described. Also, the article highlights the “Pashayev eff ect” as the legal profession antihero and shows the negative consequences to which his behavior led. Moreover, attention is paid to the Concept of the development of the legal aid market and the tasks of the legal profession. Besides topics discovered, the Author analyzes the problems of protecting the professional rights of attorneys, the example of violation of the rights is provided by the case of attorney Diana Tsipinova in 2020 and the advocacy’s attempts to achieve a positive result. The problem of creating a specialized advocacy is revealed. The question of the mandatory internship for the purpose to acquire the status of an attorney is discussed. Defenсe standards and Standards of proof are observed. An example of the successful practice in the fi eld of people’s mental health of attorney Y. L. Ershov and his role in changing the law enforcement in mentioned area is given. The role of professional development of advocacy is shown.

scholarly journals The Legal Aid Clinic. A Means of Coordinating the Legal Profession

1931 ◽  
Vol 79 (5) ◽  
pp. 549 ◽  
Author(s):  
J. S. Bradway
Keyword(s):  
Legal Profession ◽  
Legal Aid

The Legal Profession

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Legal System ◽  
Code Of Conduct ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Systems ◽  
Legal Aid ◽  
Legal Professional

This chapter covers the various types of legal professional who operate within the Indonesian legal system, performing different functions. ‘Advocates’ are perhaps the most important, providing legal services, both inside and outside court. They have various rights and obligations and are subject to a code of conduct, discussed in this chapter. However, the profession is deeply divided, with two main bar associations fighting for pre-eminence. Also vital to the operation of Indonesia’s legal systems are notaries, who formalize important documents, and land conveyance officials, who draw up conveyancing documents. This chapter also discusses paralegals and the legal aid movement, as well as the restrictions and conditions placed on non-Indonesian lawyers operating in Indonesia.

Free Justice

Free Justice ◽  
2020 ◽  
pp. 24-56
Author(s):  
Sara Mayeux
Keyword(s):  
New York ◽  
Legal Profession ◽  
Public Prosecutor ◽  
Law Firms ◽  
Public Defender ◽  
Legal Aid ◽  
Criminal Courts ◽  
The Public ◽  
Indigent Defense ◽  
Private Charity

This chapter describes Progressive Era debates within the legal profession over proposals to establish a “public defender” in the criminal courts—a public official who would represent criminal defendants and counterbalance the public prosecutor. It describes different versions of the public defender idea, as developed by California lawyer Clara Foltz, New York lawyer Mayer Goldman, and the prominent Massachusetts lawyer Reginald Heber Smith, author of Justice and the Poor. Leaders of the bar, often affiliated with corporate law firms, expressed concerns that the public defender represented a step towards socialization of the legal profession. Instead, they preferred to handle indigent defense and other forms of legal aid through private charity. In 1917, New York lawyers rejected proposals for a government-controlled public defender and instead established a criminal branch of the Legal Aid Society.

scholarly journals Paternalizm prawniczy a tożsamość polskiej kultury prawnej

2018 ◽  
Vol 2 (2) ◽  
pp. 196-210
Author(s):  
Paweł Skuczyński
Keyword(s):  
Legal Profession ◽  
Legal Culture ◽  
Legal Aid ◽  
Client Relationship ◽  
Basic Ideas ◽  
Protection Of Right ◽  
Constitutional Identity

The model of legal profession is one of the most important features of every legal culture and constitutional identity. The paper aims at explaining the identity of Polish legal profession according to their history and evolution of Polish political and constitutional basic ideas. The argument is that the strongly manifested element of this identity is lawyers’ paternalism. That means lawyers act to protect the interest of their clients often without an alignment or even against their clients will. This attitude toward the lawyer-client relationship is deeply rooted in Polish legal culture, especially in interconnection of two discourses. First is the egalitarian one which establishes the task of lawyers as to provide to everyone equal legal aid and to protect everyone’s rights and liberties. Second is the elitist one that tend to justify the claim that effective legal aid and the protection of right and liberties is possible only through some special abilities and skills of lawyers which not everyone could possess.

Political Transition and the Rise of Cause Lawyering: The Case of Hong Kong

2010 ◽  
Vol 35 (03) ◽  
pp. 663-687 ◽  
Author(s):  
Waikeung Tam
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
Legal Profession ◽  
Political Transition ◽  
Legal Aid ◽  
Political Structure ◽  
Opportunity Structure ◽  
Cause Lawyering

This article examines how cause lawyering can flourish under authoritarianism. Using the case of Hong Kong, it argues that the process of the sovereignty transition between the 1980s and 1997 contributed to the emergence of cause lawyering by establishing a favorable legal opportunity structure, by creating a political structure that provides incentive for lawyers‐cum‐politicians to engage in cause lawyering, and by prompting a few dedicated foreign human rights lawyers to move their practices to Hong Kong. Apart from the factors related to the sovereignty transition, other factors also facilitated the rise of cause lawyering in Hong Kong, including a rights‐receptive judiciary, an autonomous legal profession, and a government‐funded legal aid system.

scholarly journals Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets

Daedalus ◽  
2014 ◽  
Vol 143 (3) ◽  
pp. 83-95 ◽  
Author(s):  
Gillian K. Hadfield
Keyword(s):  
Child Support ◽  
Legal Profession ◽  
State Courts ◽  
Legal Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Rules ◽  
The Face ◽  
The Cost ◽  
Improve Access

Struggling to navigate a world that is increasingly shaped by legal rules and obligations, most ordinary Americans lack real access to courts. Often this means simply forgoing legal rights and entitlements or giving up in the face of claims of wrongdoing. Among those who cannot avoid courts—such as those facing eviction, collection, or foreclosure and those seeking child support, custodial access, or protection from violence or harassment—the vast majority (as many as 99 percent in some cases) find themselves in court without any legal assistance at all. There are many reasons for this lack of meaningful access, including the underfunding of courts and legal aid, but perhaps the most fundamental is the excessively restrictive American approach to regulating legal markets. This regulation, controlled by the American legal profession and judiciary, closes off the potential for significant reductions in the cost of, and hence increases in access to, courts. Unlike the problem of funding, that is a problem that state courts have the power, if they can find the judicial will, to change.

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