scholarly journals La precariedad en su voluntariedad : las sociedades de socorros mutuos en el primer liberalismo a propósito de los montepíos de abogados

Author(s):  
Carlos Tormo Camallonga

El reglamento del Montepío del Colegio de Abogados de Valencia de 1825 nadará entre el proteccionismo corporativista del Antiguo Régimen y el pragmatismo economicista de la Ilustración, para adaptarse, más tarde, al individualismo y el mercantilismo del Liberalismo. El trato hacia viudas y huérfanos no podía ser el mismo, lo que exigía un cambio de actitud disconforme con el sentir de muchos abogados. Y aunque la reforma de las mutualidades es paralela a la de gremios y colegios profesionales, el trato dispensado por la Administración será distinto, pues diferente era el interés del Estado en unas y otras corporaciones. Frente a los beneficios económicos privativos, el interés público por regular una profesión, la abogacía y, por extensión, el mundo del Derecho, llamado a dirigir la transformación política del sistema.The regulation of the widows’ and orphans’ fund of the bar of Valencia in 1825 was characterised both by corporate values of the Old Regime and the economic pragmatism of the Illustration; it later adapted to the individualism and commercialism of burgeoning liberalism. With regard to the treatment of widows and orphans, an adjustment was made in the light of the new liberal mentality. The subsequent reform of the mutual assistance societies was parallel to the changes that took place at trade unions and professional collegiate bodies. However, the administration treated the orphans’ and widows’ funds differently, as there were different interests at stake in each corporate body. There was competition between the exclusive interests of their individual members and the public interest to regulate a profession; the legal profession called for a direct political transformation of the system.

Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston

Chapter 7 interrogates the central issue in the book—the extent to which pre-strike ballot requirements give effect to the democratic rights of individual workers and the public interest in ensuring that the exercise of strike action is based on democratic decision-making. It argues that pre-strike ballot requirements are imposed on trade unions in a very different context when compared with other forms of political or industrial contests. The chapter analyses unions’ democratic processes in three interrelated, but different, key decisions in the process to take strike action under the Fair Work Act 2009 (Cth): (i) the decision to apply for an order for a pre-strike ballot to be held; (ii) the decision to approve proposed industrial action in a pre-strike ballot; and (iii) the decision to take approved industrial action after such action has been approved in a pre-strike ballot. Each of these decisions occurs within the context of the legal and industrial relations framework, and the democratic processes involved are inevitably shaped by those frameworks. The evidence presented in this chapter suggests that the first and third decisions are generally conducted in a manner that allows for participatory democratic processes. However, when union members vote in a pre-strike ballot, there is little evidence of the kinds of practices that typically characterize a participatory democratic model. Instead, union engagement with members is focused on educating them about the legal requirements and the consequences of abstention or a no vote in associated bargaining, rather than on the arguments for and against the proposed industrial action.


1991 ◽  
Vol 68 (4) ◽  
pp. 805-813 ◽  
Author(s):  
Timothy W. Gleason

Each year since the FCC rescinded the Fairness Doctrine in 1987, efforts have been made in Congress to restore it. This indepth look at the denial of a license to Washington state religious station KAYE, which broadcast very strong conservative views, attempts to balance the public interest in diversity with concerns about fairness. This study demonstrates how citizen “watchdog” groups used the Fairness Doctrine to rid the airwaves of a broadcaster and highlights inherent conflicts in First Amendment theory.


2020 ◽  
Vol 3 ◽  
pp. 22 ◽  
Author(s):  
Lydia O'Sullivan ◽  
Ronan P. Killeen ◽  
Peter Doran ◽  
Rachel K. Crowley

COVID-19 is a respiratory disease caused by a coronavirus, designated SARS-CoV-2, which is responsible for a global pandemic in 2020. Public interest in this disease has led to the publication of thousands of articles in the medical literature in a very short timeframe. It is imperative that medical research into COVID-19 is conducted quickly and safely, and that due reference is given to the ethical considerations enshrined in the ICH GCP guidelines, according to the Declaration of Helsinki. In order to review the reporting of ethical considerations in these papers, we hereby propose a protocol for a systematic review of COVID-19 papers up to April 14th 2020. The search criteria proposed for the review are based upon what would be a reasonable search conducted by a lay member of the public with access to PubMed.gov. It is proposed to publish the findings of the review with a summary of the institutional Research Ethics Committee response to the challenges of reviewing and approving clinical research proposals in the time of a pandemic.


2018 ◽  
Vol 112 ◽  
pp. 181-198
Author(s):  
Bogusław Sołtys

PURPOSE OF NORMATIVE DISTINCTION OF THE GROUP OF LEGAL SERVICES CONTRACTSIt is necessary to be in favour of both doctrinal and normative distinction of legal services contracts. Currently the differentiation in regulations of fundamental standards of providing legal services is too large. There is no sufficient explanation for different treatment legal services providers in rudimentary and significant issues designating the essence of legal services and their safety, regardless of the regulated or deregulated market. It appears that the deregulated legal services market should  be included in the provisions concerning regulated economic activity in the Freedom of Business Activity Act. The deregulated legal services market should as well constitute an exception justified by the public interest in a higher degree than by creation of qualification requirements, which are currently the base for distinguishing the regulated legal services market. It is necessary to consider formal submission of the deregulated legal services market to the deontology of legal profession. Fundamental standards of ethics and legal pragmatics should be included in all kinds of legal services, not only those provided within the regulated market. Sanctioning of above mentioned standards is undoubtedly in the public interest and for that reason their mandatory  application at least in the basic range should not be dependent on the affiliation to a specific group of legal services providers.


ILR Review ◽  
1948 ◽  
Vol 1 (3) ◽  
pp. 535
Author(s):  
Paul A. Samuelson ◽  
Sumner H. Slichter

2019 ◽  
Vol 44 (1) ◽  
pp. 43-47 ◽  
Author(s):  
Brooke Greenwood ◽  
Julia Mansour ◽  
Celia Winnett

For those who have been in the care of the State as children, access to records can be critical to securing justice and redress for past wrongs. This article outlines the arguments made in recent litigation undertaken by the Public Interest Advocacy Centre (PIAC) on behalf of young people who requested access to legal audits conducted on their files by the New South Wales (NSW) Department of Family and Community Services (FACS). It documents the policy change that was achieved as a result of the litigation and makes recommendations for further reform to better realise the rights of children in care to access their records.


2002 ◽  
Vol 20 (1) ◽  
pp. 153-155
Author(s):  
Susan D. Carle

I was delighted to receive David Wilkins's kind comments about my article. Wilkins provides a cogent and pithy analysis of the relationship between the public interest and elite corporate bars. In so doing, he uses my article as a springboard for proposing a thesis more ambitious and general than mine, involving several propositions concerning what he terms the “odd alliance” and “enduring relationship” between elite corporate and public interest lawyers. Wilkins states that this alliance is related to: (1) the similar class origins of these two kinds of lawyers; (2) public interest lawyers' tendency to target defendants who do not threaten the interests of corporate lawyers' powerful clients; and (3) the class interests of the elite bar in bolstering an image of the legal profession as devoted to the pursuit of justice. On all of these topics, I have many points of agreement with Wilkins. I do, however, perceive some differences, which I will very briefly sketch in the limited space allotted me here.


Author(s):  
Richard M Crowe

Abstract Welsh has official status in Wales, where it is spoken by approximately 20 % of the population. All adult speakers of Welsh are also able to speak English. The National Assembly for Wales and the Welsh Ministers legislate in both Welsh and English. The Government of Wales Act 2006 provides that the English and Welsh texts of any Act of the Assembly or any subordinate legislation enacted or made in both English and Welsh are to be treated, for all purposes, as being of equal standing. This paper examines the role legislating bilingually plays in confirming the official status of the Welsh language; how the bilingual texts are produced by a process of collaborative translation within an administration where English is the dominant working language; how they are scrutinised by a legislature where legislators are free to use either or both languages, but where, in practice, English dominates; and how they are promulgated in both languages in the form in which they are enacted or made, but only routinely updated in English. It further considers what the principle of ‘equal standing’ may mean and how effect may be given to it; how these bilingual texts may be interpreted by the public and the legal profession, domains in which English dominates; and what implications the production, scrutiny, promulgation and interpretation of bilingual legislation have for the accessibility of the law in Wales.


2021 ◽  
Vol 3 (3) ◽  
pp. 14-22
Author(s):  
Virginia Hamrick

Florida, the Sunshine State, is one of the few states that includes a right of access to public records in its constitution. While Florida guarantees a right of access to every person, special service charges and high costs for public records restrict access to only requestors with the financial resources to pay for requests. Some agencies assert that waiving fees for requests that have a public interest would be significantly costly. This article builds on research showing that a fee waiver for requests made in the public interest would have minimal effect on Florida municipalities. This article analyzes agency public records logs to assess how a fee waiver for requests made for noncommercial purposes and in the public interest would affect state agencies. This article finds that only 14% of requests reviewed would be entitled to a fee waiver.


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