Der Wandel im Berufsbild der Anwaltschaft

2021 ◽  
Author(s):  
Cornelius Wefing
Keyword(s):  
Service Provider ◽  
Legal Profession ◽  
Legal Rights ◽  
Administration Of Justice ◽  
The Law ◽  
Professional Image ◽  
Almost All

The legal profession seems to be undergoing a change; the lawyer - de lege lata an independent organ of the administration of justice and member of a liberal profession - is now increasingly appearing as a profit-oriented service provider. This development is accompanied by a deregulation of the legal profession, the decrease of specific legal rights and obligations in almost all areas. One area that is exemplary in every respect is the law on advertising by lawyers, whose gradual liberalization - as this work impressively shows - is perhaps the strongest, but in any case the most striking expression of the change in the professional image of the legal profession.

scholarly journals KNOWLEDGE AND ACCESSIBILITY OF MUSLIM WOMEN TO THE LAW ON POST-DIVORCE FINANCIAL SUPPORT

2012 ◽  
Vol 18 (1) ◽  
Author(s):  
Muslihah Binti Hasbullah Abdullah ◽  
Najibah Binti Mohd Zin ◽  
Saodah Binti Wok
Keyword(s):  
Financial Support ◽  
Muslim Women ◽  
Legal Rights ◽  
Legal Information ◽  
Level Of Knowledge ◽  
The Law ◽  
High Level ◽  
Almost All ◽  
Self Administered Questionnaire ◽  
Child Maintenance

The main objective of the study was to determine the Muslim women’s knowledge and accessibility to the law on post-divorce financial support particularly that which relates to ʿiddah maintenance, mutʿah, arrears of maintenance, and child maintenance. The data was collected using self-administered questionnaire. The sample was 201 divorced women recruited from the recorded cases for the period 2003-2005 in the Shariah Subordinate Courts of Hulu Langat and Gombak Timur, Selangor. The findings indicate that almost all respondents (99%) have high level of knowledge on the legal rights to post-divorce financial support. However, more than two-thirds of the respondents (70%) had low level of accessibility to the law when claiming for post-divorce financial support. The study suggests that although divorced women might have better access to legal information through reading and socialization, the problems regarding the attitude of the court’s officers and lawyers, the complexity of the court procedures, the uncooperative attitudes and the non-compliance of the ex-husbands to the court-ordered financial support did impede their accessibility to the law.

scholarly journals Practice Notes: Understanding the purpose of youth justice in New Zealand

2017 ◽  
Vol 20 (3) ◽  
pp. 63-70 ◽  
Author(s):  
Mike Doolan
Keyword(s):  
Social Workers ◽  
Community Service ◽  
Justice System ◽  
Due Process ◽  
Service Providers ◽  
Collective Responsibility ◽  
Youth Justice ◽  
Administration Of Justice ◽  
The Law ◽  
Almost All

The administration of justice can become an arid procedural concern when practitioners lose sight of purpose. This article focuses on the purposes of the youth justice provisions of the Children, Young Persons and Their Families Act 1989. After traversing New Zealand’s historical responses to children who offend and contrasting the conceptual underpinnings of those approaches with current legislation, the article identifies the three key aims of youth justice reform which took place during the late 1980s – providing due process guarantees; finding alternatives to enmeshing young people and their families in the formal criminal justice system; and promoting culturally respectful processes. The author argues that almost all of the procedures of the legislation link to one or other of these aims and by understanding these linkages, all youth justice practitioners – judges, legal advocates, coordinators, social workers, police and community service providers – can ensure the intentions of the law are not lost in the exigencies of the day-to-day activity. The article concludes by proposing that all youth justice practitioners, in addition to their role-specific functions, have a collective responsibility to ensure the mandate of the law is given effect.

Peranan Hukum Dalam Pembangunan Ekonomi Negara Menurut Pandangan Ibnu Khaldun

Al-Risalah ◽  
2018 ◽  
Vol 11 (02) ◽  
pp. 75
Author(s):  
M Lohot Hasibuan
Keyword(s):  
Economic System ◽  
National Economy ◽  
External Factors ◽  
Economic Productivity ◽  
Law System ◽  
The Law ◽  
Almost All

 The law is no longer a record of behaviors which shape  the live of society; instead the law is expected to reveal the new  powers which expect the prosperity of the society. As the result,  almost all aspects of life are tied by law. The law should also realize  that there are external factors which effect the law and in the  application in reality. In that way, when designing the law policy,  the designer needs to consider some aspects such as psychology,  sociology,  and  geography.  Concerning  on  the  development  of  national economy, Ibnu Khaldun stated that law system should be  based on religion rule for the reason that the law will organize the  economic  system  well  to  be  balance  and  develop  the  economic  productivity 

Ghana's Children's Act 560: A Rethink of its Implementation?

2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
Author(s):  
Patrick McCrystal ◽  
Esmeranda Manful
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Professional Training ◽  
Social Care ◽  
Legal Protection ◽  
Initial Step ◽  
Legal Rights ◽  
Rights Of The Child ◽  
Administrative Framework ◽  
The Law

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.

The Boundaries of “Good Behavior” and Judicial Competence: Exploring Responsibilities and Authority Limitations of Cognitive Specialists in the Regulation of Incapacitated Judges

2018 ◽  
Vol 46 (2) ◽  
pp. 514-520
Author(s):  
Brandon Hamm ◽  
Bryn S. Esplin
Keyword(s):  
Cognitive Impairment ◽  
Conflicts Of Interest ◽  
Ethical Dilemmas ◽  
Medical Profession ◽  
Self Regulation ◽  
Legal Profession ◽  
Previous Literature ◽  
Severe Cognitive Impairment ◽  
Administration Of Justice

Both law and medicine rely on self-regulation and codes of professionalism to ensure duties are performed in a competent, ethical manner. Unlike physicians, however, judges are lawyers themselves, so judicial oversight is also self-regulation. As previous literature has highlighted, the hesitation to report a cognitively-compromised judge has resulted in an “opensecret” amongst lawyers who face numerous conflicts of interest.Through a case study involving a senior judge with severe cognitive impairment, this article considers the unique ethical dilemmas that cognitive specialists may encounter when navigating duties to patient, society, and the medical profession, without clear legal guidance.Systemic self-regulatory inadequacies in the legal profession are addressed, as well as challenges that arise when trying to preserve the trust and dignity of an incapacitated patient who must fulfill special duties to society.Ultimately, because of their unique neurological expertise and impartial assessments, we submit that allowing cognitive specialists to submit their assessments to an internal judiciary board may act as an additional check and balance to ensure the fair and competent administration of justice.

“To Maintain the Biological Substance of the Polish Nation” : Reproductive Rights as an Area of Conflict in Poland

2021 ◽  
Vol 10 (2) ◽  
pp. 357-381
Author(s):  
Michael Zok
Keyword(s):  
World War I ◽  
Reproductive Rights ◽  
World War ◽  
Discursive Strategies ◽  
Polish Society ◽  
Constitutional Tribunal ◽  
Biological Substance ◽  
The Law ◽  
Almost All

On October 22, 2020, the long-term dispute about reproductive rights in Polish society had a comeback. The Constitutional Tribunal declared the embryo-pathological indication of abortions guaranteed by the law of 1993 to be unconstitutional. The tribunal’s ruling was met with widespread protests, as it effectively forbade almost all reasons for terminations of pregnancies. While members of the Church’s hierarchy and pro-life activists celebrated, politicians began once again to discuss the law, and different suggestions were made (including a draft law similar to laws in effect in other European countries like Germany, and a law which would allow the termination of a pregnancy if the fetus were likely to die, or a law forbidding them in the case that the fetus had been diagnosed as having down’s syndrome). The debates are hardly new to Polish society and history. On the contrary, they date back to the recreation of the Polish state after World War I. This article concentrates on the developments in the Communist People’s Republic that led to the legislation of 1993, which is commonly referred to as a “compromise.” It focuses on the main actors in this dispute and the policymakers and their arguments. It also contextualizes these discursive strategies in a long-term perspective and highlights continuities and ruptures.

Social media and social change lawyering: influencing change and silencing dissent

2018 ◽  
Vol 169 (1) ◽  
pp. 65-73
Author(s):  
Naomi Sayers
Keyword(s):  
Social Media ◽  
Social Change ◽  
Legal System ◽  
Media Use ◽  
Legal Profession ◽  
Upper Canada ◽  
Professional Conduct ◽  
Positive Approach ◽  
Marginalized Communities ◽  
The Law

The Law Society of Ontario (formerly, the Law Society of Upper Canada) oversees the legal profession in Ontario, Canada, through The Rules of Professional Conduct (‘Rules’). All future lawyers and paralegals must adhere to the Rules. The Law Society sometimes provides guidance on sample policies informed by the Rules. In this article, the author closely examines the Law Society’s guidance on social media. The author argues that this guidance fails to understand how the Rules regulate experiences out of the legal profession and fails to see the positive possibilities of social media to influence social change, especially in ways that conflict with the colonial legal system. The author concludes that the Law Society must take a positive approach and provide some guidance for the legal profession on their social media use, especially around critiquing the colonial legal system. This positive approach is essential to avoid duplicating the systems and structures that perpetuate disadvantage in marginalized communities.

Slavery

2016 ◽  
Author(s):  
Richard Gamauf
Keyword(s):  
Roman Law ◽  
Social Differences ◽  
The Law ◽  
Almost All

In Roman law slaves were chattels and persons at the same time. As persons, they were incapable of holding any rights. But this deficit led to their use as business agents because they could obtain rights for their masters, whereas free persons under classical Roman law could not. While the law tried to hold up the fiction that all slaves were the complete subjects of their masters and that no legal distinctions existed among slaves in this regard, their social positions, as reflected in the legal sources, differed widely. Since Roman jurists were confronted with almost all aspects of slavery, their writings show social differentiations between various types of slaves as far as these caused adjustments of their legal treatment. But at the same time the legal sources also document when, for the sake of the master’s interest or the public’s, social differences between slaves were levelled out.

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