Suchergebnisse

The article deals with the problem of the legislative regulation of advocacy done by the Law of Ukraine on the Bar and practice of law from 2012 and the Rules of the Bars' ethics confirmed by the electing meeting of the Bars of Ukraine on June, 9th 2017. The structure and competence of the Ukrainian national bodies of the lawyers' self-governance crated according to the Law from 2012 and after the requirement of the Council of Europe as a precondition of the membership of Ukraine on the European Union are also outlined. The author illustrates the main types of conflicts that a lawyer encounters during his / her professional activity like the conflict situations, conflicts and the tense conflicts and proposes the ways to reconcile them. It is shown, that the most effective ways to reconcile conflicts are compromises and negotiations. Such methods of conflict's reconciliation often used in the lawyers' milieu without significant positive results as the blackout of conflicts or attempts to salve them are also mentioned. Special attention is paid to the very important question of entrance of the Ukrainian Bars to the leading European and world lawyers and legal societies which became possible only after the creation of the Ukrainian National Bar Association as the national regulator in the lawyers' profession. The author has reviewed the requirements of the Ethics Rules of European Union's countries regarding the resolution of lawyers' conflicts with colleagues and clients, a.o. from foreign countries. The author has also analyzed the Ukrainian Ethics Rules regarding the most common conflicts in the activity of Ukrainian lawyers, in particular regarding conflicts of interest, the combination of legal practice with public, scientific and journalistic activities, as well as lawyers' activities and communication on the Internet.

Introduction / Vijay K. Bhatia and Girolamo Tessuto -- Environmental justice or 'government overreach' : the rhetorical landscape of the Gibson guitar factory raids / Roy Carpetner -- Trial by (social) media : Anglo-Saxon and Italian practises in the digital age -- Douglas Ponton and Marco Canepa -- Legally dead, illegally frozen? : The legal aspects of cryonics as discursively constructed online by providers and the media / Kim Grego -- The fuzzy line between media and judicial discourse : insights from the Pinto-López Madrid Case / Gianluca Pontrandolfo -- Ideological positioning in Amnesty International human rights web-based documents / Geraldo Delahunty -- Argumentation and video evidence in a legal context : an interdisciplinary case study from Brazilian military justice / Andre Larazo, Vicente Riccio and Amitza Torres Vieira -- The discursive construction of Hong Kong's Civic Square in the media : contesting social and legal perspectives / Aditi Bhatia -- Finding a way forward : a discourse analysis of the online popularisation of restorative justice in the United Kingdom / Antonella Napolitano -- Helping Aussie women online : a discourse analysis of the Australian e-safety commissioner website / Carmina Meola -- Discursive illusions and manipulations in legal blogs on medically assisted procreation : Parrillo v. Italy Case / Jekatarina Nikitina -- Jag 2.0 : legal advice and dissemination in online military lawyer forums / -- Roxanne Barbara Doerr -- The web-mediated construction of interdiscursive truth(s) about the MMR vaccine : a defamation case / Anna Franca Plastina and Rosita Belinda Magile -- The toxic proliferation of lies and fake news in the world of social media : is it time for the law to "unfriend" Facebook? / Janet Ainsworth -- 'Fake news' as interdiscursive illusion: a challenge to law, social media, and free speech / Vijay K Bhatia -- Information and communication technology in alternative dispute resolution : is it facilitative or disruptive? / Rajesh Sharma.

1. Legal practice and cultural diversity : introduction / Roger Ballard. [and others] -- 2. Cultural diversity : challenge and accommodation / Roger Ballard. [and others] -- 3. Indian secular pluralism and its relevance for Europe / Werner Menski -- 4. Legal pluralism and differentiated morality : sharia in Ontario? / Veit Bader -- 5. Transforming to accommodate? : reflections on the sharia debate in Britain / Prakash Shah -- 6. Sharia in a European context / Mathias Rohe -- 7. Objection, your honour! accommodating niqab-wearing women in courtrooms / Natasha Bakht -- 8. The challenge of African customary laws to English legal culture / Gordon Woodman -- 9. Religious challenges to the secularized identity of an insecure polity : a tentative sociology of Québec's 'reasonable accommodation' debate / Jean-François Gaudreault-DesBiens -- 10. Does the Dutch judiciary pluralize domestic law? / ANDRÉ J. HOEkEmA-- 11. The influence of culture on the determination of damages : how cultural relativism affects the analysis of trauma / Alison Renteln -- 12. Jews and Muslims in France : changing responses to cultural and religious diversity claims / Martine Cohen -- 13. L'affaire du foulard in the shadow of the Strasbourg Court : Article 9 and the public career of the veil in France / Claire de Galembert -- 14. The changing position of religious minorities in English law : the legacy of Begum / Russell Sandberg -- 15. Approaches to diversity in the domestic courts : Article 9 of the European Convention on Human Rights / Samantha Knights -- 16. Human rights in contexts of ethnic plurality : always a vehicle for liberation? / Roger Ballard.

This collection of essays is based upon papers delivered at a conference in Brisbane in August 1993. The essays range widely over the results of an empirical study of ethical dilemmas in legal practice and matters concerned with contemporary legal practice in the UK, Australia, and the USA.

Ever since Hart¿s The Concept of Law, legal philosophers agree that the practice of law-applying officials is a fundamental aspect of law. Yet there is a huge disagreement on the nature of this practice. Is it a conventional practice? Is it like the practice that takes place, more generally, when there is a social rule in a group? Does it share the nature of collective intentional action? The book explores the main responses to these questions, and claims that they fail on two main counts: current theories do not explain officials¿ beliefs that they are under a duty qua members of an institution, and they do not explain officials¿ disagreement about the content of these institutional duties. Based on a particular theory of collective action, the author elaborates then an account of certain institutions, and claims that the practice is an institutional practice of sorts. This would explain officials¿ beliefs in institutional duties, and officials¿ disagreement about those duties. The book should be of interest to legal philosophers, but also to those concerned with group and social action theories and, more generally, with the nature of institutions. TOC:Acknowledgements. List of Abbreviations. Introduction.-1. Three Tests. 2. Accounts Based on the Idea Of A Social Rule (I): Hart`s Account and the Coordinative Convention Approach. 3. Accounts Based on the Idea of a Social Rule (II): Raz`s Account. 4. Collective Intentional Activities Shapiro`s Model. 5. Kutz on Collective Activities Building an Alternative Model: Groups Which Act With No Normative Unity. 6. The Activities of Groups With a Normative Unity of Type (I) Non-Developed Instances of Legal Practice. 7. Gilbert`s Account of Collective Activities. 8. On Agreements. 9. The Activities of Groups With a Normative Unity of Type (II) Other-Regarding, Developed Institutions Developed Instances of the Judiciary. 10. Developed Instances of Legal Practice: Meeting the Tests.- Bibliography.