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Years ago, John Griffiths introduced the concept of 'legal pluralism' in comparative legal research. He underlined the significance of 'the presence in a social field of more than one legal order' (1986). In the meantime, the phenomenon of legal pluralism and the pluralism of norms is widely discussed in modern societies. Decades later, Dupret seeks to sum up the development of research and ideas about the plurality of legal and social norms in our time (2007). In this paper I look at sources from the ancient world. I raise the question whether the phenomenon of legal pluralism and the plurality of social norms already existed in the Roman Empire. Traditionally, Roman law is considered as a systematized, and sophisticated system of rules. Approaching the topic from the aspect of everyday practice, one gets a different picture. A closer look at concrete legal disputes and at the reaction of leading lawyers of Rome to problems of citizens who lived in the provinces convince us of the co-existence of different legal conceptions in the Empire. [ABSTRACT FROM AUTHOR]

This article examines the collaborative process involved in campaigning for and representing women appealing murder convictions, highlighting the power of positive collaboration between lawyers, campaigners, frontline experts and the women themselves. Pragna Patel and Harriet Wistrich, who first met while protesting in the early 1990s outside the Royal Courts of Justice in London, have been pivotal figures in this movement. Patel has dedicated four decades to Southall Black Sisters, an organisation advocating for black and minority women. Wistrich cofounded Justice for Women and later specialised in representing women victim-survivors of male violence, challenging discrimination in the criminal justice system. Their collaboration has led to significant precedent-setting murder appeals and reforms in domestic homicide law. This article reflects on their enduring involvement spanning three decades, detailing their efforts in individual cases and legislative reforms. Their approach focuses on obtaining detailed personal accounts from women and building legal strategies around them, aiming to challenge convictions through a feminist lens. Recently, their collaborative efforts prompted the United Kingdom government to commission the Law Commission to review defences in cases of homicide. This underscores their enduring impact in fighting for justice for women who kill their abusive partners and effecting legal change. [ABSTRACT FROM AUTHOR]

This article examines the collaborative process involved in campaigning for and representing women appealing murder convictions, highlighting the power of positive collaboration between lawyers, campaigners, frontline experts and the women themselves. Pragna Patel and Harriet Wistrich, who first met while protesting in the early 1990s outside the Royal Courts of Justice in London, have been pivotal figures in this movement. Patel has dedicated four decades to Southall Black Sisters, an organisation advocating for black and minority women. Wistrich co-founded Justice for Women and later specialised in representing women victim-survivors of male violence, challenging discrimination in the criminal justice system. Their collaboration has led to significant precedent-setting murder appeals and reforms in domestic homicide law. This article reflects on their enduring involvement spanning three decades, detailing their efforts in individual cases and legislative reforms. Their approach focuses on obtaining detailed personal accounts from women and building legal strategies around them, aiming to challenge convictions through a feminist lens. Recently, their collaborative efforts prompted the United Kingdom government to commission the Law Commission to review defences in cases of homicide. This underscores their enduring impact in fighting for justice for women who kill their abusive partners and effecting legal change.

The article examines the issue of finding the basis for common ground and scientific dialogue between national legal positivism and analytical positivism represented in common law countries. It is stated that despite significant methodological differences and a relatively independent history of formation, these paradigms have much in common: the problem of normativity of law, judicial discretion and legal axiology. This connection on these issues is confirmed, first of all, by modern theories and general trends in the development of national doctrine to expand the methodological basis for improving the ideas about the positive connections that underlie the legal system. Purpose: in the context of objective differences between national and Anglo-American (analytical) legal positivism, to show their similarities in the issues being studied and key theses. Methods: general scientific (dialectical and historical methods, general logical techniques, systematic and comparative methods), special legal (comparative legal analysis and legal hermeneutics). Results: the study allows to determine not only the specifics of analytical legal positivism in comparison with national positivist dogma, but also to identify points of convergence of the mentioned doctrines.

This paper discusses findings from a pre-pandemic study of the legal skills associated with customary law. The data were collected from documentary sources, qualitative interviews, observations of 15 Anglophone African university law schools and 100 informants from different Anglophone African jurisdictions as well as information from professors of Indigenous Law at one American law school. To provide a greater insight into the research phenomenon, the paper focuses on countries that use multiple justice systems in order to highlight a conflict of laws and the justification for using skills drawn from customary law. The findings suggest that litigating cases with elements of customary law and culture requires a diversity of skills that are often incoherently integrated into the existing curriculum of training lawyers. The paper, therefore, recommends the use of clinical methods for training lawyers so that they are able to resolve cases involving customary law and culture. [ABSTRACT FROM AUTHOR]

An emerging practice amongst lawyers in England and Wales is the use of clinical supervision, as used by counsellors and psychotherapists. This is a very different type of supervision to that traditionally used by lawyers. It is reflective and relational in nature. It aims to support safe, competent and ethical practice, and to contribute to sustainability, support and resilience including in relation to vicarious trauma and burnout. This study uses interviews with lawyers who are using clinical supervision to understanding why it is being sought, how it might be working and what its impacts are. The interviews provide an opportunity to examine interpersonal dynamics of lawyering. The study explores how supervision allows lawyers to develop their understanding of themselves in relation to others, their boundaries and legal professional skills, and how supervision can contribute to the best interests of the client, and to a lawyer’s career sustainability and wellbeing. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

With the rapid development of the world economy, China is becoming a key player in global trade and investment processes. Developing and updating legal rules governing contractual relations plays an important role in ensuring transparency, stability, and fairness in the business environment. Thus, the main purpose of this study was to identify the existing problems in the laws governing the process of contract cancellation and to make recommendations to improve the relevant aspects. In the course of the research, the legal method and the method of comparison were applied. As a result, the main procedures and grounds provided by the Civil Code of the People’s Republic of China for the termination of contractual obligations were identified. It was learnt that parties can terminate a contract in case of material breach of the terms of the agreement, which includes default, exceeding deadlines or changing circumstances that significantly affect the performance of the contract. The study also identified specific challenges that actors face when terminating contracts. Such as the unpredictability of the legal consequences of excluding a party from a contractual relationship, which can pose serious economic risks. The impact of factors such as economic crises on the termination of contractual obligations was also emphasised in the findings of the study. An important conclusion was the need to improve the legislation in the field of contract termination. The results of the study can be used to improve the law on contract termination in China, which can be the basis for developing clearer and more adaptive rules, thereby reducing possible legal risks for the business community. [ABSTRACT FROM AUTHOR]

The article examines the concept of legal science, education and practice in the context of their interaction. It is noted that the main task of the domestic system of higher legal education is to find a balance between fundamental theoretical training and practical skills. Some types of legal practice require thorough knowledge in the field of both national and international law. Many universities focus on studying the legislation of other countries and foreign languages. In addition, modern political processes require revision of work programs of disciplines, for example, related to the activities of international organizations. For the future professional, we consider it important not only to consolidate theoretical knowledge and mechanical skills, but also to form legal thinking (develop analysis, argumentation, decision-making, responsibility). It is emphasized that the changes in the field of legal education are enshrined in the Report of the European Commission on Ukraine’s progress towards joining the EU, which was published in November 2023. Among other things, there are requirements: to clearly distinguish between legal education and personnel training for law enforcement agencies; strengthen law school admission requirements and law school licensing requirements; introduce a transparent distribution of state orders; review educational programs with an emphasis on ethics, practical training, EU law and international exchanges; implement EDKI. When modernizing legal education, it is also important to pay attention to the learning process, in particular, it is necessary to diversify the activities of students. In addition to traditional lectures, seminars and the previously mentioned practices, the experience of writing coursework and final qualification papers, participation in model processes is important for future lawyers, as this allows for the formation of a general and legal culture of writing and speech, a legal position in a case and the skills of conducting a discussion. It is concluded that new legal mechanisms are being formed in modern Ukraine, which is manifested, in particular, in active law-making, qualitative changes are taking place in legal awareness, including professional awareness. Under such conditions, professional legal education, which involves the formation of students’ practical skills, becomes invaluable. While preserving the training of professionals for a narrow field of legal activity, university education on the basis of domestic and European legal science should be developed at the same time. A university student will be able to become a good specialist only if he studies legal concepts, categories, constructions and ways of their expression in various legal realities. Such knowledge will not become obsolete in a few years, even if the current legislation changes. [ABSTRACT FROM AUTHOR]

The article presents the author’s position on the issue of legal practice. Today, a negative phenomenon is being discovered — the isolation of abstract, general concepts of the theory of law from the needs of legal practice. Therefore, accusations by representatives of branch legal sciences of the dogmatism of the theory of law are fully justified. This requires a rethink of legal practice. The most adequate program for clarifying the content of legal practice, in the author’s opinion, is the postclassical methodology. Signification (sign mediation), reflexivity (signification, comprehension and evaluation of the behavioral aspect), discursivity, constructability, contextuality, relativity, human dimension form the content of legal practice in the postclassical dimension. The emphasis of the post-classical research program for the study of legal practice is on the study of legal everyday life. It is formed by legal frameworks and scripts — the framework of informal norms and practices, which are the main regulators of legal behavior. The most promising approach to their study is the method of included observation within the framework of socio-cultural anthropology of law.

The rapid advancement of Artificial Intelligence (AI) technologies has the potential to revolutionize legal practice and judicial systems globally. In Colombia, the adoption of AI in the legal sector is still in its early stages, presenting both opportunities and challenges. This article investigates the emergence of AI in legal contexts, its diverse applications, and the specific hurdles Colombia must overcome to successfully integrate AI into its judicial system. By examining case studies from other jurisdictions and analyzing Colombia's ongoing legislative efforts, we underscore the potential benefits of AI, such as optimizing case management and enhancing the decision-making process, which could significantly improve the efficiency and effectiveness of the Colombian legal system. However, significant obstacles remain, including underdeveloped technological infrastructure, the digital divide, the risk of algorithmic bias, and concerns regarding data privacy. Despite these challenges, Colombia's proactive approach to addressing them through comprehensive legislation and targeted training initiatives for legal professionals demonstrates the country's commitment to the responsible and ethical implementation of AI. These efforts lay the groundwork for the successful integration of AI within the Colombian legal framework, fostering public trust and confidence in the system. [ABSTRACT FROM AUTHOR]

Here I distinguish two things jurisprudence might take itself to explain. A theory of law can be either concept-first or practice-first. Concept-first theories investigate the concept we implicitly deploy to label some things as law and not others. Practice-first theories investigate directly, and uncover interesting features of, a particular social practice. That practice could be, for instance, the practice of lawyers and officials which prevails in the United States. I identify Hershovitz's Law Is a Moral Practice with a practice-first approach. Then I elaborate on the distinction and show that a practice-first approach is more defensible than many assume. Finally, I argue a practice-first approach rules out predictive theories of law. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of GeSec: Revista de Gestao e Secretariado is the property of Sindicato das Secretarias e Secretarios do Estado de Sao Paulo (SINSESP) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

AbstractIn 1911, Vaihinger’s Philosophy of “As-If” established a comprehensive doctrine of fictions in various fields of science – drawing, in particular, on legal fictions, which, in his view, are prime examples of scientific fictions. This article examines Vaihinger’s reception in legal scholarship and the actual influence of his work based on various reactions after 1911. In particular, the potential consequences of this philosophical work for legal practice and the use of fictions as “legal tools” will be the subject of a more detailed analysis. This article provides the first English compilation and translation of Vaihinger’s reception in German legal scholarship and practice. In contrast to the common perception that Vaihinger’s theorization of fictions was isolated in the German scholarship of his contemporaries, this contribution shows to what extent the status of fictions within the law was already debated before Vaihinger’s Philosophy of “As-If,” and was continued, further developed, and expanded in the ensuing scholarly debate. This research might also allow us to determine the impact of the philosophical perspective of fictionalism on German legal scholarship and facilitate conclusions on its subsequent attention among practitioners and scholars and their understanding of fictions in law. [ABSTRACT FROM AUTHOR]

Throughout history - from Roman times to the present - there have been numerous examples of how important the legal profession is for society. In every proceeding they are involved in and noble cause they champion, legal professionals contribute to protecting not only their clients' interests, but also those of society as a whole. From an individual's law of the skill (lex artis) to collective responsibility, and from the specifics of a case to the more generalised search for justice, the legal profession's role in society has been evident for centuries, to the extent that it is now an essential component of the principle of effective judicial protection. Bar associations have also contributed by ensuring that lawyers are able to exercise their legally established mandate freely and independently while ensuring that the rules of law and professional conduct are complied with. [ABSTRACT FROM AUTHOR]

This reflection provides an edited account of a conversation between Marcia Willis Stewart KC (Hon), managing partner at Birnberg Peirce; Henna Masih, a Westminster Law School alumnus; and Manvir Kaur Grewal, Senior Lecturer in Law at the University of Westminster. The conversation was hosted via Zoom by Harriet Samuels, Reader in Law at the University of Westminster, to mark International Women's Day. The dialogue focused on Marcia's unconventional pathway to the legal profession and her experience as a Black woman lawyer in a leading civil liberties firm. The discussion and question-and-answer session identified broader themes around civil liberties, activism, the nature of justice, diversity in the legal profession and Marcia's advice to law students. [ABSTRACT FROM AUTHOR]

Ian McEwan's The Children Act serves as a profound narrative inquiry into the intricate legal challenges of British civil court practice. This paper responds to the scholarly omission of the law's practical portrayal in the novel by foregrounding its hermeneutic dimensions. Beginning with the novel's illustration of legal contradictions, the study examines law as a form of social praxis. It emphasizes the interpretive nature shared by both law and literature, and applies hermeneutic theory to elucidate the impact of individual subjectivities on the interpretation of law as depicted through the novel's characters. Concluding with an analysis from the legal practitioners' standpoint, the research navigates through the paradoxes and pragmatic realities inherent in legal proceedings. By conducting this hermeneutic exploration of The Children Act, the paper enhances our understanding of its thematic underpinnings and provides substantive hermeneutic contributions to the field of legal research. [ABSTRACT FROM AUTHOR]

Background: The analysis of communication tools used in advocacy is currently a topical research problem in the context of dynamic information communication in the sociopolitical space. Aims and Objectives: The aim of the study was to analyze the attorney's request as a means of obtaining information by attorneys to carry out their professional activity. Materials and Methods: The research was conducted with the help of numerous methods, the method of expert interviews being the leading one. It was used to single out the procedural characteristics and prospects of the attorney's request in presentday Ukraine. Results: Attention is drawn to a number of issues that complicate the process of submitting attorney's request and a proper use of this mechanism and procedure by an attorney. The ratification of the EU-Ukraine Association Agreement opens up new prospects not only for Ukrainian and European producers but also provides for interesting objectives for attorneys to consult the private sector in the process of building new markets. Conclusion: In this article, it was suggested to compare and analyze the issue of the attorney's request in Ukrainian and Polish legal framework. As a result of the research, problems were identified, and proposals were made for a simplified procedure for submitting an attorney's request as a communication instrument in advocacy.

For nearly three hundred years it was a British husband’s right to claim damages for the trespass of his wife. By the mid-nineteenth century the practice was considered morally questionable, yet still it entered the statute books under the Matrimonial Causes Act 1857 where it remained something of an embarrassment until 1969. Very few studies have considered what this meant in practice. This article offers a comprehensive examination of compensatory awards by analysing data from a sample of petitions filed with the divorce court between 1881 and 1900. It asks, who were the men who put a pecuniary value on their wife’s ‘ruin’ and considers why damages were more pertinent to middle-class petitioners than those above or beneath them. It explores the practical implications of how damages were calculated and applied and suggests reasons why juries frequently awarded lower sums than claimed. Finally, it considers the moral implications of a system that treated wives as chattel and continued to do so well into the twentieth century. [ABSTRACT FROM AUTHOR]

The Treaty establishing the East African Community (EAC) and the Common Market Protocol advocates for the cross-border legal practice in the EAC. To effectively implement cross-border legal practice, other legal instruments were needed at the EAC level. It has been more than a decade since such instruments were drafted but not adopted. In addition, the Partner States needed to adopt laws that favor cross-border legal practice. So far, some Partner States have tried to do so, while others have not. Such disparities are the subject of this paper which, after taking stock of the status and obstacles to cross-border legal practice in the EAC, formulates recommendations to make cross-border legal practice a reality in the EAC. [ABSTRACT FROM AUTHOR]

Background: The analysis of communication tools used in advocacy is currently a topical research problem in the context of dynamic information communication in the sociopolitical space. Aims and Objectives: The aim of the study was to analyze the attorney’s request as a means of obtaining information by attorneys to carry out their professional activity. Materials and Methods: The research was conducted with the help of numerous methods, the method of expert interviews being the leading one. It was used to single out the procedural characteristics and prospects of the attorney’s request in presentday Ukraine. Results: Attention is drawn to a number of issues that complicate the process of submitting attorney’s request and a proper use of this mechanism and procedure by an attorney. The ratification of the EU-UkraineAssociation Agreement opens up new prospects not only for Ukrainian and European producers but also provides for interesting objectives for attorneys to consult the private sector in the process of building new markets. Conclusion: In this article, it was suggested to compare and analyze the issue of the attorney’s request in Ukrainian and Polish legal framework. As a result of the research, problems were identified, and proposals were made for a simplified procedure for submitting an attorney’s request as a communication instrument in advocacy. [ABSTRACT FROM AUTHOR]

This paper presents an analysis of the roles and characters of lawyers in literature, following one of the lines of work of the "law and literature movement." To do this, it focuses on an Argentine writer, central in Latin American literature, as Julio Cortázar. From his work, a corpus of two short stories linked by the character of lawyer is examined to present a reading from the point of view of "law and literature" aiming to shed light on some issues in legal practice and drawing directions to reformulate it. [ABSTRACT FROM AUTHOR]

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Linguistic arguments are paramount in legal interpretation. They are widely used by judges and considered to be ubiquitous across jurisdictions. It is claimed that they are decisive and limitative in the judicial interpretation of the law. The claims have long been subject to theoretical scrutiny and, recently, testing within experimental jurisprudence. In this paper, we analyse the judicial reasoning in a landmark Italian case from the end of the nineteenth century concerning Lidia Poët, an aspiring practising female lawyer. The case was decided in the last instance by the Turin Court of Cassation. We give a detailed argumentative analysis of the reasoning of the Court of Cassation in Turin in the Lidia Poët case and show that the crucial linguistic and systematic arguments used are not grounds for the interpretative decision to exclude women from the denotation of the word "lawyer." We conclude that the linguistic arguments employed by courts often do not do the argumentative work they are expected to do. Instead, they cover the substantial views that have determined the ascription of normative meaning to a term or sentence. [ABSTRACT FROM AUTHOR]

This article examines the impact of True Justice, a unique continuing legal education programme introduced in 2022 to increase cultural competency in legal practitioners. The programme achieves its purpose via the incorporation of First Nations principles and pedagogies, taking participants beyond the university classroom to learn deep listening on Country. The feedback from participants in the programme in April and May 2022 reveals the powerful experiences that are possible when the university classroom is abandoned in favour of place-based, trauma-informed learning. Incorporating not only First Nations perspectives but also pedagogies is particularly important in the legal profession, where, if these are ignored, practitioners and educators risk reproducing colonial models. [ABSTRACT FROM AUTHOR]

There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence 'predominant aggressors'—this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified. This article addresses this key gap in the literature through an exploration of 18 legal practitioners' experiences of representing misidentified clients in the civil protection order system in the Australian state of Victoria. The findings suggest that legal practitioners face a number of challenges when representing clients who have been misidentified and that the magistrates' courts are ill-equipped to respond to misidentification. As a consequence, a culture of respondents consenting to orders that should never have been made against them is maintained. This article calls for a greater focus on the role that the courts can play in providing a 'safety net' for victim-survivors who have been misidentified. [ABSTRACT FROM AUTHOR]

Copyright of Lex Humana is the property of Lex Humana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article touches upon the problems associated with defects in law related to discretion. An attempt is made to analyze the approaches of legal scholars to the concepts of “defect of law”, as well as related concepts of “defect of a normative legal act”, “defect of legislation”, “error in law”. Attention is focused on the relationship between the concept of “defect in law” and “quality of law”. In relation to individual branch legal sciences, studies of individual defects have been conducted, however, a unified approach to understanding the essence of the relevant legal phenomenon has not been formed. When analyzing the approaches of various researchers to the essence of the defect in law, it should be noted that the authors point to a violation of the requirements related to the quality of the regulatory legal act. A scientific analysis is carried out of the fact that a law enforcement decision based on various legal defects is associated with discretion. The origins of the concept of “defect in law” are considered, since for the first time it began to be used in industry legal sciences. The point of view on the allocation of an expansive and restrictive understanding of the “defect in law” in scientific circulation is interesting. In the first case, we are talking about the state of legal norms, when the regulation of public relations leads to a violation of the optimal balance of the interests of the state, society and the individual. In the second case, we mean legal regulation, the quality level of which is low, and in this regard, infringement of interests occurs. The article presents the Author's definition of “the defect of discretion in law”, as well as the signs of this concept. The criteria of imperfection, according to the Author, should include gaps in law, conflicts of legal norms, uncertainty of legal regulation, violations of the requirements of legal technology in the construction of texts of normative acts, irrational placement of norms in the legal system, excessive duplication of rules of conduct in acts of different legal force, excessive legal regulation. The signs of the sought concept also include: finding a defect of discretion in the law in a specific substantive element of a legal act, as well as the social harmfulness of the defect affecting discretion in the application of law.

The launch of ChatGPT, a natural language open-source AI platform, in November 2022 has taken the world by storm and artificial intelligence appears to be at a watershed moment in technological advancement. This article explores the emergence of ChatGPT and considers the implications for legal education and practice. It will examine how law schools can develop strategies for assessments to make them more challenging for generative AI while educating students on its potential in the workplace. All legal educators are now on a journey to navigate the complexities of open-source AI technology and comprehend its implications. We should not ignore or underestimate the potential impact on both legal education and legal practice, and we must consider new methods to incorporate AI technology into our teaching. [ABSTRACT FROM AUTHOR]

This survey article on studies in premodern Arabic legal documents indicates major scholarly editions from the last 20 years. It then depicts new digitally based methods of how to analyze such specimen from a comparative perspective as relics from Muslim legal practices throughout the 8th to 15th centuries. As conclusion, it presents a chronology of notarial practices interrelating with the changing role of juridical thinking (fiqh) in Islamic law. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article is a case history study. Basing on a well-documented criminal case of 1809, the author explores such issues as corruption in the ranks of Chinese officials; effectiveness of severe punishments for crime prevention; the methods criminal offences were committed and investigated in the Qing empire, and the level of public awareness of these methods; principles of sentencing; and the issue of crime and punishment in the mass consciousness of the Chinese in the late 17th and early 19th centuries. Special attention is paid to a remarkable phenomenon of fictionalizing of a real incident in witness reports, i.e. the introduction of popular moral, didactic and religious motifs widely known in the folklore and literature of that time.

Copyright of Quarterly of the History of Material Culture / Kwartalnik Historii Kultury Materialnej is the property of Instytut Archeologii i Etnologii Polskiej Akademii Nauk and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper discusses conception of legal interpretativism proposed by a famous American jurist, Ronald Dworkin (1931–2013) in context of problems of “practical orientation” of legal theory. The first part of the paper states key attitudes of R. Dworkin’s interpretive approach as to understanding of law and legal practice, interpretative character of legal propositions, and necessary practical “involvement” of legal theorist. The second part assesses R. Dworkin’s interpretive theory, emphasizes importance of its “practical direction”, as well as its argumentative and hermeneutic potential. Simultaneously, the paper highlights a number of “dark spots” within the American jurist’s conception that require elucidation/justification. These are linked with an unjustified universalization of argumentative character of legal practice and of the idea of “the best moral light”, with lack of clarity in the idea of legal theorist’s “participation” in the practice being comprehended, as well as with radicalism and insufficiency of R. Dworkin’s arguments to neutralize legitimate plurality of legal doctrines.

This article introduces a new initiative to the Journal by launching a rolling series of essays that explore and reflect upon law of the sea scholarship and its relationship with practice. At a time of significant peril to our ocean, it is important to reflect upon the role of scholarship, and its capacity to make a difference, not just to the practice of law, but to the wider intellectual development of the law of the sea, its teaching and its engagement with other disciplines. [ABSTRACT FROM AUTHOR]

Copyright of Dixi is the property of Universidad Cooperativa de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Administrative Science / KözigazgatásTudomány is the property of Universitas-Gyor Nonprofit Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Lawyering and legal practice require proper certification by the regulatory bodies in the legal profession in line with extant legislations. It is getting worrisome to see persons not called to the Bar rendering services to undiscerning clients, albeit illegally. The vice of impersonation is on the increase within the Nigerian legal market. Cases of fake lawyers across the Nigerian legal hemisphere are being reported almost on a monthly basis. This paper reconciles the extant provisions dealing with the impersonation of lawyers in Nigeria by virtue of section 22 of the Legal Practitioners Act 2004. It further examines contemporary impersonation practices in other jurisdictions and the Nigerian Legal market. The paper ends with suggested reforms such as a review of the provisions of extant statutes in this respect and a call for other socio-legal alternatives towards curbing the menace. [ABSTRACT FROM AUTHOR]

The superior interest of the child, within the meaning of Law no. 272/2004 and of the Civil Code, is limited to the child's right to a normal physical and moral development, to a socio-affective balance and to family life, a right also affirmed by art. 8 of the European Convention on Human Rights. The child has the right to grow up with both his parents, who are responsible for his upbringing and education. In the situation where the parents do not live together, the possibility of the parent with whom the child was not present to have personal relations with him must be recognized as high as possible.