Comparing Legal Professions Cross-nationally: From a Professions-centered to a State-centered Approach

1986 ◽  
Vol 11 (3) ◽  
pp. 415-446 ◽  
Author(s):  
Dietrich Rueschemeyer

Legal occupations vary dramatically from country to country—in scope of activity, education, organization, and institutional setting. This essay proposes to study legal occupations focusing on their relations to the state rather than on their character as “professions.” It builds on the recent renaissance of state-centered approaches in the social sciences. A review of the diversity of law work and legal occupations in different countries leads to state-centered conceptualizations that identify institutionally comparable features of law work. A sketch of the European historical background of modern legal professions yields theoretical principles that can inform the proposed approach. Variations in the role of the state and in the relation of lawyers to the state apparatus are then shown to be related to differences between national legal professions. Even where the law is primarily seen as a profession, the character of law work is better understood when related to the state.

2001 ◽  
Vol 2 (9) ◽  
Author(s):  
Udo Di Fabio

In this exclusive interview with Federal Constitutional Court Justice, Professor Udo Di Fabio, GLJ looks forward to some of the challenges the Court will face in next fifty years, especially the meaning for the Court of domestic (privatization) and international (europeanization) changes to the role of the nation state. The interview begins with an exploration of the nature and role of the Federal Constitutional Court in light of radical changes in the law as well as the social sciences. Justice Di Fabio also addresses the Court's narrow role as an interpreter of legal texts, noting that the Court performs this function while also exercising broader, quasi-legislative authority within a pluralistic and post-traditional society. The interview then turns to questions related to the role of the state and the traditional public structuring of societal authority as set against the general turn to societal self-structuring, especially in the context of the debate over the nature of the European Union's authority.


Author(s):  
Frédéric Lesemann

AbstractThis article is an essay, based on the attempted assessment ofresearch in the social sciences on aging in Canada and in Quebec during the last 20 years. It endeavours o t understand this area as based on institutional factors, including linguistic, cultural and political divisions between English Canada and Quebec, and the role of some major forces. Canadian research on aging is profoundly based on a social democratic vision of the role of the State that establishes the basic concept of citizenship, rights, liberties, justice and equality. It consequently contributes to maintaining the protective, redistributive, regulatory andcorrection ofinequalities that the State carries out through its social and fiscal policies. In the space of 20 years, the social sciences of aging in Canada have gone from a representation of aging characterized by decline, unavoidable physical and often psychic deterioration of capacities, impoverishment, and exclusion to a much more qualified vision of aging distinguished by the search for autonomy, adaptation, and growth in which seniors do not succumb passively to their condition but rather become responsible for their own development. At the same time, researchers, as well as experts and decision makers in the area ofaging, have turned progressively from an analysis of aging centred on social problems and the programs aimed to meet these problems, which encouraged the development of the state as provider, to an analysis of the forces and resources which seniors have or could obtain to rekindle family or community solidarities with the goal of maximum promotion of the autonomy of older persons.


Author(s):  
Héctor Fernández L’Hoeste

This chapter proposes the practice of nation branding as a political technology, as an example of neoliberalism in which the definition of national identity, previously assessed primarily by the social sciences and humanities, becomes the domain of business managers and advertising executives, thanks to technologies associated with social media. It explains how the redefinition of social goods, the role of the state, and the role of experts entail the replacement of a more socially driven understanding of identity with an act of commercial prestidigitation by way of nation branding; the pertinent state entities are replaced by advertising and image consultancy firms; and, lastly, scholars of various disciplines are replaced by advertising and PR executives. In short, following neoliberalism, identity is reinterpreted as brand. Identity no longer results from the never-ending and instantaneous negotiation between a multiplicity of parties, representative of myriad aspects relevant to the configuration of individuals and communities, but is rendered instead as the quantifiable, concrete result of a variety of transactions. Through this reformulation, a new relationship is suggested between the idea of nation as imagined community and the reality of the state as a material expression of the concept of nation.


Author(s):  
Viktor Nyzhnyk ◽  
Oleh Rudyk

The study is devoted to the substantiation of the basic components of the mechanism of regulation of social and labor relations in the united territorial communities of Ukraine. The article analyzes the research on the role of the state and local governments in regulating and developing social and labor relations at the local level. The leading world concepts in regulating social and labor relations have been characterized. The purpose and role of local self- government bodies in regulating social and labor relations have been defined. The basic scientific approaches to the concept of “community development” have been investigated. Based on the research, the basic components of the mechanisms of regulation of social and labor relations in the united territorial communities have been identified and their characteristics have been given.


2021 ◽  
Author(s):  
鬼谷 子

The research focuses on how the Nguyen dynasty it became the first to have the largest territory in the history of Vietnam in its nearly 60 years of establishing and reigning over the unified country in the first half of the 19th century. It is seen that in terms of organizing the state apparatus, Gia Long and Minh Mang retained the system of agencies of the previous dynasties and continued reforms to ensure socio-political stability in their governance at that time. The study also clarifies the social role of Confucianism in the Nguyen dynasty, i.e. in the first half of the 19th century, which, in our opinion, is theoretically and practically significant, with the hope of further unraveling the role of Confucianism in that period.


2020 ◽  
Vol 24 (1) ◽  
pp. 28
Author(s):  
Jaqueline do Nascimento Cruz ◽  
Marcel Theodoor Hazeu

A Amazônia é um hidroterritório e um bioma que comporta milhares de pessoas, espécies da fauna e flora. O Rio Dendê, em Barcarena-Pará, faz parte deste cenário. Este rio é palco de conflitos de interesses entre empresas transnacionais, o estado e comunidades ribeirinhas. O estudo analisa, a partir de estudo documental e observação participante, estes conflitos, situando-os em um panorama histórico-interpretativo, com foco no papel do Estado e na r-existência das comunidades ribeirinhas. O aparato estatal se apresenta através da ação da Companhia de Desenvolvimento Econômico, da Secretaria de Estado de Meio Ambiente e Sustentabilidade e do Ministério Público A voz das comunidades serve como contrapartida. Conclui, ainda, que o apoio do estado é fundamental para o avanço do capital sobre o hidroterritório Dendê, empobrecendo-o e transformando o modo de vida dos ribeirinhos que mesmo assim r-existem.Palavras-chave: Conflito socioambiental. Hidroterritório. Estado. R-existência. Amazônia.WATER IN LIVING STATE: socio-environmental conflict and r-existence around the Dendê River, Barcarena, ParáAbstractThe Amazon is a hydroterritory and a biome that holds thousands of people, species of fauna and flora. The Dendê River in Barcarena-Pará is part of this scenario. This river is the scene of conflicts of interest between transnational corporations, the state and riverside communities. From documentary study and participant observation, we analyze these conflicts, situating them in a historical-interpretative panorama, focusing on the role of the state and the r-existence of riverside communities. The state apparatus is presented through the action of the Company of Economic Development, the State Secretariat ofEnvironment and Sustainability and the Public Prosecutor. The voice of the communities serves as a counterpart. It can be concluded that state support is fundamental for the advancement of capital over the Dendê hydroterritory, impoverishing it and transforming the way of life of the riverside communities.Keywords: Socioenvironmental conflict. Hydroterritory. State. R-existence. Amazon.


Author(s):  
О. О. Nikogosyan

The article defines the priorities of the social policy of Ukraine at the present stage. The socio-economic problems of Ukraine are analyzed, their causes and solutions are identified. It is shown that the main reason for the failures of the socio-economic policy of independent Ukraine is the uncritical attitude of Ukrainian reformers to the consequences of neoliberal policies in other countries, as a result of which foreign experience of socio-economic reforms began to be introduced without taking into account domestic specifics. The decline in the role of the state in socio-economic policy, the increase in the role of private business, the privatization of "everything and everyone" led to a sharp social stratification, an economic crisis, which became a trigger for crises in all spheres of Ukrainian society. One of the fundamental principles of neoliberal economics, deregulation, has also collapsed. It turned out that the market is not efficient in areas in which the business cannot make quick and large profits. The so-called "market failures" demonstrated the need for state regulation in the spheres of education, health care, ecology, etc. Conclusions of the study and prospects for further research in this direction. Thus, if the new government really wants to build a successful country of happy people, it must make social and economic policy its top priority. Its primary tasks at the present stage should be: reduction of tariffs for utilities by eliminating from them the corruption component and excess profits of suppliers; revision of the principles of granting subsidies for utility bills. Exclusion from the number of subsidies of those who do not need state aid, but have a formal right to receive it (they work unofficially); the fight against the shadow economy, with the concealment of income from taxation; reforming the system of wages and pensions; creation of jobs with decent wages; establishing interaction between the state and private business in order to increase the social responsibility of the latter.


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