法律职业主义

律师制度起源于西方,法律职业主义是其主流指导理念。法律职业主义由三大基石构成。随着现代批判性思潮对其批判的展开,有必要重新审视国家主义、商业主义以及技术性职业主义和公共性职业主义的利弊。我国学术界和律师界所持的多是技术性职业主义的观点,政府的管制理念存在一定的模糊与混乱。以容纳多种伦理观为己任的“市民公共领域”理论,可能是建构我国律师职业定位新模式的可行路径。     

Professionalism and campus police officers

Survey research was conducted to examine the effects of education, perceptions of community attitudes, and career commitment upon overall job satisfaction of campus law enforcement officers in North Carolina. Thirteen (13) campus departments participated in the 1984 study. Findings revealed both significant and insignificant relationships. The attained level of post-secondary education was not significantly related to an officer’s perception of having his/her authority questioned, nor was education related to an officer’s feeling of boredom with the job. However, significant relationships were found between several variables including an officer’s willingness to recommend the job to another person and his/her perceptions of community attitudes and the rank of the officer and his/her commitment to the current position.(1)     

The Theory of Legal Dynamics Reconsidered*

Abstract. The author criticizes Kelsen's distinction between static and dynamic systems of norms and his theory of legal dynamics. The author moreover presents the institutionalist conception of legal dynamics. Kelsen's concept of static systems is incompatible with normological scepticism: The deduction of rules from a basic principle depends on additional premises; even in static systems there is a kind of dynamics produced by actual facts. Kelsen's conception of legal dynamics is also incompatible with normological scepticism and with Kelsen's demand of purity of jurisprudence. In the institutionalist conception Iegal dynamics is rather conceived as an interplay of legal norms and facts. Empowering relations, the principle of co-validity, temporal limits of norms, derogation, legal validity and the basic norm are analysed accordingly. Appendices deal with Paulson's empowering theory of legal norm and Lippold's double-faced reconstruction of the legal order.     

Legal Professionalism and International Criminal Proceedings

In criminal practice before international tribunals, the boundariesbetween lack of professionalism (serious misconduct) by prosecutionand taking an erroneous position on the law (procedural error)are particularly blurred, if only because the backgrounds andexpectations of all persons involved in the proceedings areprofoundly different and the playing field is still insufficientlydefined. This is illustrated by the Furundija case brought beforean International Criminal Tribunal for the former Yugoslavia(ICTY) Trial Chamber in 1998. In that case the Chamber heldthat the prosecution, by failing to disclose a document to thedefence, had both engaged in serious misconduct and made a seriousprocedural error. Instead, the Lord Advocate and the Crown Agentof Scotland, later consulted by the ICTY Prosecutor, concludedthat there had only been an error of judgment. National caselaw, for instance that of Canadian courts, makes it clear thata good faith decision not to disclose a document, made in theexercise of professional judgment on a difficult and novel issue,may constitute an error of judgment, but certainly does notamount to misconduct.     

Professionalism, Organizations, and Compliance

Earlier studies haw shown that professional orientations are related to individual compliance with laws and regulations. However, no quantitative studies have focused on compliance at the organizational level and the professional orientations of the chief executive officer. Studies on dues and law breaking at the individual level have focused on professional orientations, but within an organization there are other aspects of professionalism that will be of import in determining the organization's compliance with the law. We posit that professionalism is a more complex notion for individuals located in an organizational setting. Utilizing data collected from 410 Australian nursing homes, which are characterized by a flat management structure, the data show that of three aspects of professionalism—orientation, values, and autonomy—it is professional autonomy that directly affects organizational compliance. However, the data do suggest that the relationship between professional orientations and organizational compliance are mediated by the complexity of the organization. Organizational culture is also shown to be an important factor in explaining compliance with the law.     

日本律师职业主义的沿革

战后的日本社会经历了巨大的变革,司法制度的变革引发了律师职业主义的变化。自新律师法通过以后,改革一直围绕着律师职业化问题进行,律师制度的变革在不同时期形成了与其它国家不同的职业特征及相应的理念,但市场又不断给律师职业行为带来新的问题和不可避免的矛盾,为克服市场营利主义给律师服务造成的障碍,坚持与高扬职业主义精神成为变革之要义。     

Professionalism under the Legal Services Act 2007

The Legal Services Act 2007 represents an ambitious attempt to reconcile consumerism and professionalism. The Act created a Legal Services Board to oversee the regulation of the legal services market in England and Wales. The Board was also placed under a duty to promote consumer interests and to encourage an independent, strong, diverse and effective legal profession and to promote professional principles. The article examines the actual and prospective impacts of the Act on the legal professions, professional work, the regulatory system, regulatory method, professional ethics and legal education. It identifies threats posed to traditional conceptions of legal professionalism by the new regime and suggests ways that they might be mitigated.     

The Ties That Bind: Multiculturalism and Secularism Reconsidered

The article examines contemporary controversies over the rights of Muslim women to wear various forms of the veil, in both France and the United Kingdom and argues that despite their apparent differences as political ideologies, both multiculturalism and secularism are deployed as techniques to govern difference. It traces a common philosophical lineage of these two ideologies, and their shared genealogical relationship to the subject of Enlightenment and post-Enlightenment thought. Drawing on Marx and Hegel, it argues that at the core of secularism and multiculturalism there lies the germ of a subject and law formed through a concept of culture that was to a great degree indivisible from religion. While secularism ostensibly decouples culture from religion to produce a common political culture, and multiculturalism purports to accommodate a diverse range of cultural and religious practices, both fail to accommodate difference that stretches the bounds of a citizen-subject defined according to Anglo-European norms of culture, which implicitly includes Christianity.     

法律思维:一种职业主义的视角

关于"法律职业的独特性是由于法律人掌握与众不同的思维方式"的说法是不成立的.是法律职业使那些以适用法律为业的法律家具有不同于普通人的思考问题的方式,是职业决定了法律思维的独特性而不是相反.     

Chaos in The Courtroom Reconsidered: Emotional Bias and Juror Nullification

A widespread presumption in the law is that giving jurors nullification instructions would result in "chaos"-jurors guided not by law but by their emotions and personal biases. We propose a model of juror nullification that posits an interaction between the nature of the trial (viz. whether the fairness of the law is at issue), nullification instructions, and emotional biases on juror decision-making. Mock jurors considered a trial online which varied the presence a nullification instructions, whether the trial raised issues of the law's fairness (murder for profit vs. euthanasia), and emotionally biasing information (that affected jurors' liking for the victim). Only when jurors were in receipt of nullification instructions in a nullification-relevant trial were they sensitive to emotionally biasing information. Emotional biases did not affect evidence processing but did affect emotional reactions and verdicts, providing the strongest support to date for the chaos theory.     

公共关系学视野下公安微博的开通与管理

公安微博经过四年多的发展已经渐趋成熟,在当前的警察公共关系构建中具有重要的作用和意义,但也存在一些问题。要进一步提高公安微博工作的水平,就须遵循公共关系学的基本规律,公安微博的开通者应当具备相应的公共关系能力,管理机构应当具备较高的组织管理能力。     

Revisiting Informal Justice: Restorative Justice and Democratic Professionalism

Restorative justice is a form of informal justice growing rapidly among criminal justice practitioners. It decenters the focus of criminal justice from the offender breaking a law of the state to the harm caused the victim and community. Resolution is said to come from offenders taking responsibility and making amends for the harm done and from communities supporting the victim and providing offenders with opportunities and skills to reintegrate as contributing members.
Restorative justice theory largely ignores the role of professionals in the criminal justice process, and yet professionals have played a dominant part in initiating many restorative justice programs. Several theoretical traditions recognize professionals as being important intermediaries between citizens and the state. The theory of democratic professionalism argues that professionals can play crucial roles in increasing and improving democratic participation in public affairs. This article examines two functioning restorative justice programs to flesh out what democratic professionalism might look like in operation—what tasks professionals perform and what citizen involvement means to the professionals. We argue that restorative justice cannot get along without professionals and that democratic professionalism may help restorative justice to avoid some of the problems associated with other approaches to informal justice by increasing true community participation but balancing it with concern for individuals' rights.     

Twenty-First Century Punitiveness: Social Sources of Punitive American Views Reconsidered

Objectives

This study considers the social determinants of twenty-first century punitive American views.

Methods

Using General Social Survey data for 2000 and 2014, this research seeks to replicate Unnever and Cullen’s analysis of the determinants of punitive American views in 2000, extend their analysis to consider animus toward the poor as a predictor of punitive views, and consider the social foundations of punitiveness in 2014.

Results

Our analysis replicates Unnever and Cullen’s (Criminology 48: 99–129, 2010) findings for 2000 and identifies previously obscured indirect effects of anti-Black racial stereotypes on punitiveness. In our extension analyses, animus toward the poor was a significant predictor of punitiveness in 2000. For 2014, we find that anti-Black racial resentment, animus toward the poor, and social anxiety significantly predicted both support for the death penalty and the belief that courts are not harsh enough.

Conclusions

The social sources of American punitive views have not shifted fundamentally in the last 15 years. Both racial resentment and animus toward the poor have been and remain powerful predictors of punitive American views in the twenty-first century, controlling for other factors.