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This article considers some of the substantive and normative claims underlying the performance of pro bono work by lawyers – that lawyers have always done pro bono work and that it is an essential element of what it means to be a lawyer. Following a brief survey of global pro bono activity, the article considers some of the drivers for pro bono work. It identifies three main streams of thought regarding the obligation to perform pro bono work, characterised as the historical arguments, the public service argument, and the ‘lawyer as gatekeeper’ or monopoly argument. Following an analysis of each position, the article concludes that while the historical evidence for a pro bono tradition is not strong, and that the public service and monopoly arguments are open to dispute, there is nonetheless a very strong ‘mythical’ force associated with pro bono work. Its power may thus lie as much in its ability to motivate altruism among lawyers, as it does in any historical or theoretical basis.  相似文献   

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从美国的法律教育谈“判例教学法”   总被引:31,自引:0,他引:31  
邹育理 《现代法学》2000,22(2):139-141
美国的法律教育以培养职业律师为目的,教学中普遍采用的“判例教学法”,重视实践,强调法律职业能力的训练,充分反映了美国的法律特点。  相似文献   

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One of the most striking recent developments in education in the Netherlands is the shift of powers from the central national level to the local level for several education policy fields, most notably for the policies aimed at reducing social and education disadvantages and those aimed at the integration of non-nationals into Dutch society. In this article, the influences from European and international law on this Dutch development are being discussed. The conclusion is that there must be a European influence on the contents of national policy matters as such in a general manner, but that the legislation influence stays behind in development.  相似文献   

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This longitudinal field study examined the influence of (1) perceived person-job and person-organization fit, (2) social support network, and, (3) equal employment opportunity (EEO) policy on pre-entry career commitment and intentions to remain in the profession. In addition, the study explored whether gender moderated the relationship between equal employment opportunity policy and pre-entry career commitment and intentions to remain in the profession. The sample consisted of 116 Australian police force applicants who completed a questionnaire prior to formal selection procedures (Time 1) and on completion of the selection procedure (Time 2). Hierarchical regression analyses showed that perceived fit perceptions and EEO policy were significant predictors of pre-entry career commitment and intentions to remain in the profession; social support network was a significant predictor of the latter, but not the former variable. Analyses showed that gender was not a moderator variable. The practical and future research implications of the results are discussed.  相似文献   

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《Justice Quarterly》2012,29(3):409-424

Hirschi's concept of commitment confuses the definition and the explanation of conformity, as part of a more general confusion between conformity and legality. The result is tautology—an explanation that merely restates a definition. Commitment is properly conceived as an antecedent variable that measures the role of social structure in the origin of delinquency. As such, it explains legal actions but not conforming actions.  相似文献   

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