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Lawyer's Practice and Ideals:A Comparative View

Lawyer's Practice and Ideals:A Comparative View PDF Author: John Barcelbo
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 404

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Book Description
As the process of internationalization accelerates, comparative law scholars inevitably focus on the adaptation of legal cultures to new realities. It is particularly important, in the global world order as it stands today, to understand (as best we can) the `inner workings' of two groups of lawyers: those in the United States, and those in the major European countries. In which ways do the two groups understand each other, and where do they go their separate ways? And what are the implications for the legal profession and its beneficiaries of their cultural and ideological differences? At a symposium held in Paris twelve scholars from Europe and the United States met to investigate and clarify these issues under two intimately related rubrics: realities and trends on the one hand, and ethics, rules and professional ideologies on the other. The participants have updated their original papers for this publication. In the course of their discussion they reveal which cultural realities persist and are likely to remain, and which trends are broadening the common ground on which lawyers act in both cultures. The result is the sharpest delineation we have yet of this vital concern of current comparative law.

Lawyer's Practice and Ideals:A Comparative View

Lawyer's Practice and Ideals:A Comparative View PDF Author: John Barcelbo
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 404

View

Book Description
As the process of internationalization accelerates, comparative law scholars inevitably focus on the adaptation of legal cultures to new realities. It is particularly important, in the global world order as it stands today, to understand (as best we can) the `inner workings' of two groups of lawyers: those in the United States, and those in the major European countries. In which ways do the two groups understand each other, and where do they go their separate ways? And what are the implications for the legal profession and its beneficiaries of their cultural and ideological differences? At a symposium held in Paris twelve scholars from Europe and the United States met to investigate and clarify these issues under two intimately related rubrics: realities and trends on the one hand, and ethics, rules and professional ideologies on the other. The participants have updated their original papers for this publication. In the course of their discussion they reveal which cultural realities persist and are likely to remain, and which trends are broadening the common ground on which lawyers act in both cultures. The result is the sharpest delineation we have yet of this vital concern of current comparative law.

Encyclopedia of Law and Society

Encyclopedia of Law and Society PDF Author: David S. Clark
Publisher: SAGE
ISBN: 076192387X
Category : Law
Languages : en
Pages : 1808

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Book Description
Provides more than seven hundred alphabetical entries covering the interaction of law and society around the globe, including the sociology of law, law and economics, law and political science, psychology and law, and criminology.

General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé

General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé PDF Author: Karen B. Brown
Publisher: Springer Science & Business Media
ISBN: 9400723539
Category : Law
Languages : en
Pages : 704

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Book Description
This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.

Introduction to the Law of the United States

Introduction to the Law of the United States PDF Author: David Clark
Publisher: Kluwer Law International B.V.
ISBN: 9041117016
Category : Law
Languages : en
Pages : 489

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Book Description
Introduction to the Laws.....Series Volume 5 As issues in American law turn up with ever-greater frequency in dozens of countries worldwide, some familiarity with the legal system of the United States of America has become de rigueur for practising lawyers everywhere. This incomparable handbook, now in its Second Edition, provides an authoritative description of the major elements, including all matters likely to emerge in the course of normal legal activity. Written from a clear and cogent comparative perspective, it is of great practical value for both counselling and courtroom use. Eighteen lucid chapters by distinguished American law professors, each of whom is also knowledgeable about a legal system outside that of the United States, explain the major laws, legal standards, and legal institutions of the United States. Substantive and procedural comparisons are presented in plain English, with appropriate commentary where deemed helpful to clarify particularly complex or unsettled matters. The resulting volume is an expert historical, systematic, and critical introduction to the law of the United States.

Comparative Law and Society

Comparative Law and Society PDF Author: David Scott Clark
Publisher: Edward Elgar Publishing
ISBN: 1781006091
Category : Law
Languages : en
Pages : 480

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Book Description
Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.

Corporate Lawyers and Corporate Governance

Corporate Lawyers and Corporate Governance PDF Author: Joan Loughrey
Publisher: Cambridge University Press
ISBN: 1139496484
Category : Law
Languages : en
Pages :

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Book Description
This assessment of the corporate governance role of corporate lawyers in the UK analyses the extent to which lawyers can and should act as gatekeepers, counsellors and reputational intermediaries. Focusing on external and in-house lawyers' roles in both dispersed share-ownership and owner-managed companies, Joan Loughrey highlights the conflicts of interest that are endemic in corporate representation and examines how lawyers should respond when corporate agents provide instructions contrary to the company client's interests. She also considers the legitimacy of 'creative compliance', the ethical arguments for and against lawyers prioritising the public interest over their clients' interests, and their exposure to liability if they fail to perform a corporate governance role. Finally, she considers whether the reforms to the legal profession will promote the lawyer's corporate governance role and advances suggestions for reform.

The European Codification Process

The European Codification Process PDF Author: Ugo Mattei
Publisher: Kluwer Law International B.V.
ISBN: 9041122303
Category : Law
Languages : en
Pages : 183

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Book Description
This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.

Lawyers in Society

Lawyers in Society PDF Author: Richard L. Abel
Publisher: Beard Books
ISBN: 1587982668
Category : Law
Languages : en
Pages : 576

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Book Description
Contains comparative and theoretical essays on the legal profession around the world.

The Global Evolution of Clinical Legal Education

The Global Evolution of Clinical Legal Education PDF Author: Richard J. Wilson
Publisher: Cambridge University Press
ISBN: 1108663036
Category : Law
Languages : en
Pages :

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Book Description
"There is a global revolution taking place within university legal education. It is taking place on many fronts, particularly since the dawning of the twenty-first century. The focus of this book is that ongoing and growing revolution, and it is assaulting the deepest traditions of the legal academy. The rapid global spread of clinical legal education, as a non-traditional method of instruction and as a guide to and context for socially conscious lawyering, is changing and improving the role of law schools in the preparation of students for law practice. Clinical education, as the name implies, involves law students in learning law by guided practice during law school. Ideally, that setting involves real cases, clients or other project-based work with client communities, usually with the poor or other marginalized populations without other access to counsel. Clinical education, intensely learning-focused, is challenging the dominant traditions of teacher-centric legal education: the case method, largely taught using case-books in the United States, and the lecture, still used almost exclusively in Europe and other traditional law schools throughout the world. Clinical education does not seek to overthrow that tradition, but to offer an alternative, additional route to learning, grounded in modern ideas of cognitive science and adult learning. In fact, clinical legal education is more than a method -it is pathway toward personal and professional identity for students, manifesting itself in each student's distinctly personal experience, and it is a model, not only for all professional lawyering, but particularly for one of conscience in the service of individuals, groups or populations otherwise without equal access to law or lawyers"--

Lawyers and Fidelity to Law

Lawyers and Fidelity to Law PDF Author: W. Bradley Wendel
Publisher: Princeton University Press
ISBN: 0691156212
Category : Law
Languages : en
Pages : 304

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Book Description
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.