Search results for "Legal profession"
showing 10 items of 18 documents
Professionalization as Status Adaptation: The Nobility, the Bureaucracy, and the Modernization of the Legal Profession in Finland
1991
In contrast to Anglo-American lines of professional development, the central agent of professionalization in many Continental countries was the state bureaucracy. However, this article proposes that an understanding of the class structure of traditional society is also needed to explain the privileged position of lawyers. An historical study of lawyers in the 19th century, after Finland was annexed by Russia, demonstrates that the legal profession provided the nobility an important medium of adaptation to the new society. The importance of the legal profession initially to the state bureaucracy, and subsequently to the nobility, explains its social prominence and its future development. An …
Property and cross-border couples from the perspective of European regulation
2021
The family property regimes constitute a relevant sector of the EU regulatory framework strongly connected with fundamental rights policies. Family property offers specific issues which need to balance individual rights with general interests, especially in matter of real estate property. The fragmentation of the discipline in EU Family law, the diversity of the domestic rules regarding rights in rem requires a large use of flexibility from EU legislator and EU legal professionals. The discipline provides by EU Regulations 1103 and 1104/2016 could be an interesting example to manage cross-border couple?s interests: the principles of universality and unity have to be used appropriately and, …
Analysis of the Legal and Regulatory Situation of Uncovered Corporate Bond Issuance in the Baltic States: is there a Common Framework Possible?
2021
While the development of the Baltic corporate bond market is based on the uncovered bond segment, the elaboration of the legislative base has a devoted emphasis on the covered bonds. The shift from a country-focused to the pan-Baltic-focused capital market has been publicly acknowledged by the governments (Ministry of Finance of the Republic of Latvia, 2018) and is in line with the ongoing Capital Markets Union initiative of the European Commission (The High Level Forum on the Capital Markets, 2020). Moreover, a pan-Baltic covered bond legal and regulatory framework has been initiated (Ministry of Finance of the Republic of Lithuania, 2019). The strong demand for the corporate bond segment …
La precariedad en su voluntariedad : las sociedades de socorros mutuos en el primer liberalismo a propósito de los montepíos de abogados
2013
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 r…
African Law in Action
2014
AbstractThis article discusses the issue of the effectiveness of law in Africa, looking at it from a perspective different from those commonly used in dealing with this theme. It proposes an analysis of the interactions between traditional, religious and official law in the course of the historical development of African law through the lens of the stratigraphic method. The analysis takes into consideration the different legal layers that have been posed upon each other. The work focuses on areas of law that are not commonly considered in this regard; in addition, the discourse is conducted using examples taken from jurisdictions that are not normally present in debates on African law. This…
Legal Transplant as Socio-Cultural Engineering in Modern Romania
2011
Generally, this paper will outline Romanian society’s steps towards (legal) modernization by introducing a peculiar Romanian understanding of what might be called “rational transplant”. A rational transplant includes what Kalman Kulcsar identified as the one society’s “continuous social change by utilizing its own, internal conditions” – recaptured as a compulsory linkage with the legal traditions- and, at the same time, postulating a social and legal change through external factors. In this context, Romanian society would not be weak because it appeals to external sources of inspiration. It would be weak only in not correctly handling the legal transplant. Conversely, Romanian society woul…
Harmonisation of European contract law and legal translation: a role for comparative lawyers
2007
The problem of harmonizing the contract in Europe has caught the interest of law professors, researchers and the European institutions. After years of debates, the European Union is aware that a lack of uniform legal terminology prevents any kind of unification and harmonization of European Contract law. The need for a uniform legal terminology clashes with the multilingual legal terminology of European law. In Europe there is not just one, but many legislative and administrative languages, and each of them is an official language of the European institutions. In accordance with the principle of linguistic equality, the European Community (EC) recognizes that all legal instruments have to b…
On the Role of Inequalities in Legal Systems: A Tocquevilian View
2008
The present paper proposes to interpret the differences in legal systems between common-law and civil-law nations as arising from the importance given to adjudication in comparison with statute laws. It focuses on the relative costs of legal change by adjudication (case law development) when compared with legislation (statutory law development). The main argument is that the public concern with equality is a major determinant of the relative cost of adjudication in a legal system. We develop a model of the legal process that illustrates Tocqueville's fundamental intuition with regard to the uniformity of legal rules, and as a consequences, the relative importance of adjudication and legisla…
Approaching the Bench: Teaching Magistrates and Judges how to Work Effectively with Interpreters
2015
Reports about judicial misunderstandings of the interpreting process are common (Berk-Seligson 2008; Morris 2010; Hale 2011a). The misconception that interpreters ‘just translate’ from one language to another by swapping individual words from language A to language B in a mechanical, uncomplicated way, is still prevalent among some legal professionals. Research into court interpreting, however, has highlighted the complexities involved in attempting to achieve a pragmatically accurate rendition in conditions that are usually less than adequate (Hale 2004; Mikkelson 2008; Hale & Stern 2011). In order for court interpreting to be successful, all parties must be aware of its challenges and…
System and flexibility in law
1991
Usually, rhetoric is supposed to provide a model of law which describes legal interactions as volitive, arbitrary, and void of any system. However, the Mainz School, founded by Theodor Viehweg, proves the contrary: without referring to any metaphysics, such as consensus or auditoire universel, it seeks to discover the systematic character and the more or less flexible structures of legal rhetoric.