Legal Practice

Legal aspects of medicine are based on statutory and case laws relevant to the practice of medicine. Laws are specific; ethics are conceptual. The principles and provisions of the law also apply to medicine. In most instances laws and ethics are congruent. But different cultural approaches between countries, and within multicultural societies such as Australia, can lead to differing views regarding applicable ethical mores. Medico legal centre in Benghazi city (Eastern Libya) responsible for examination and reporting of living and death cases, this study was focused on the facilities available to do such a scientific examination and to recommend the centre about the suitable solutions.

Sentences and prosecutors’ demands for aggravated drunk driving are categorised into three classes: The sentence is more lenient than, is compatible with, or is harsher than the prosecutor’s demand. The probability of a sentence falling into one of the three ordered categories is explained by a cumulative logit model. The following circumstances affect the probability of a more lenient or harsher sentence, in decreasing order of importance: driving a truck, facing at least four counts, having a legal assistant, and being present in the trial. The hypothesis that factors known by the prosecutor, at the time of writing the demand, should not systematically affect sentences is refuted. The judges assess circumstances differently than the prosecutors. The prosecutors’ role is nevertheless prominent in the sense that the sentences follow, to a great extent, their demands. Notable gender effects of the actors in the courtroom are found.

The purpose of this paper is to explore the issue of private practice while working in the public service, using law lecturers as case study. The paper explores this question relying on critical analysis of legislative provisions and the rationale behind attempts at prohibiting this practice. To put the debate in context and understand the universality or otherwise of the position canvassed, examples are drawn from two other jurisdictions with regulatory frameworks on second employment. The paper finds that the main concern of law makers is conflict of interest and how it can be managed where it arises. The paper concludes that total prohibition is not the best approach and that management of conflicts of interest are possible in the Nigerian through regulations and policy guidelines. The paper also makes suggestions of better alternative legislative provisions with particular reference to Nigeria.

Es común oír la idea de que existen muchas maneras de ejercer el derecho, o que esta carrera "sirve para todo". Más allá de esto, conocer para qué sirve el derecho, o de qué maneras se puede usar es un proceso personal, relacionado con las maneras de ejercicio que se le han presentado a cada individuo y la manera en la cual estas se le han descrito. En pocas palabras, las maneras de ejercer se van conociendo poco a poco dependiendo de lo que quien estudie derecho vea en su contexto personal, ya sea por lo que ha vivido de primera mano en su práctica (Weresh, 2009) o porque lo ha visto en ficciones o noticias sobre el derecho (Nielken, 1996; Halton y McCann, 2004). También se conocen a través del contexto familiar cuando en su familia alguien estudió derecho, trabaja en algún área relacionada o se han visto en procesos legales (López Cuéllar, 2016). Por supuesto las opciones de ejercicio también se aprenden de lo que se presenta en el programa de estudios y de lo que muestra el grupo de docentes, quienes presentarán algunos posibles escenarios de ejercicio a través de su ejemplo laboral y del contenido de sus clases (Weresh, 2009) los cuales siempre serán limitados-como es obvio-a las materias obligatorias o electivas del programa y a lo que muestre el programa de cada Universidad y el equipo docente que lo acompaña (Pérez Peredomo, 2004) Considerando esta idea como cierta, la clase Perfiles de abogados-y actualmente la última sección de la clase de Sociología jurídica-pretenden explorar los panoramas del ejercicio, incluso los casos en los que se decide alejarse del ejercicio del derecho. Esta exploración del panorama la intentamos, principalmente, a través de experiencias vividas gracias a la presencia de invitados recibidos en clase o a la visita de sus oficinas. Esperamos con esto dar a conocer diferentes formas de ejercicio, ya fuera para encontrar la más interesante para los estudiantes o, en varias ocasiones, para encontrar una manera de ejercer que mitigue la crisis de los estudiantes que no encontraban afinidad con ninguna de las formas de ejercer que ya conocían (Cassidy, 2012)

Edgar Smith conducts an attorneys practice and owns a building company. Smith’s building company needed a financial injection to survive, due to financial problems. Joe De Maggio, a client of Smith, consulted him about a R1 million investment. Smith had made various investments on behalf of De Maggio over the years. Smith was aware of the fact that De Maggio was allegedly the kingpin of a criminal syndicate. Smith suggested that De Maggio lend the money to him personally, as an investment in his building company. Liquidation proceedings on Smith’s building company commenced. De Maggio never received the loan money which Smith owed him. Mrs Belinda De Maggio, De Maggio’s wife, approached Smith to institute a divorce action against Mr De Maggio.

In "Legal Practice in the Formative Stages of the Chinese Empire", Ulrich Lau and Thies Staack offer a richly annotated English translation of the "Wei yu deng zhuang si zhong" 爲獄等狀四種, a collection of criminal case records from the pre-imperial state of Qin (dating from 246 BC–222 BC) that is part of the manuscripts in the possession of Yuelu Academy. Through an analysis of the collection and a comparison with similar manuscript finds from the Qin and Han periods, the authors shed new light on many aspects of the Qin administration of justice, e.g. criminal investigation, stages of criminal procedure, principles for determining punishment, and interaction of judicial officials on different administrative levels.

The purpose of this article therefore is, to throw light on the principle of default judgments delivered by courts and especially the plaintiff’s right over it. In this paper, the reader would understand whether or not the right to a default judgment is an automatic right. It also explains the meaning of a default judgment, the process of initiating a claim in court, how the defendant gets notified by the case against him, the effect of failure to notify him, how the court delivers a default judgment, the effect of such judgment on the defendant. In the end, I shall talk about what the Defendant can do when a default judgment has been entered and whether or not the court has the right to set aside its own judgment. The case study for this study is the Gambia.

This paper formed the basis of a talk delivered at the EU Parliment Buildings in Brussels on 6th February 2020 at an event organised by Prof. Dr. Klaus Buchner MdEP ÖDP and Forum Soziale Inklusion e.V.

Link to oral presentation here: https://www.youtube.com/watch?v=gdTTXnOJ91I

Summary:

This focuses on the ethical issues facing lawyers practising in this area by looking at two questions:

1. Who are parental alienated clients? This section looks at the issues arising from vulnerable clients who might have unrealistic expectations or too low expectations. We consider time as a potential enemy of a non custodial parent: lawyers, judges and clinical professionals may miss something important in the context of busy schedules.

2. Are they better off without a lawyer? This part of the paper discusses some advantages and disadvantages of hiring a lawyer.

The legal profession has evolved over the years, and it gets more sophisticated with time. This essay seeks to ascertain to true identity of the 21st Century Lawyer in the wake of the ever increasing economic pressures affecting legal practice

A perspective on the nature of the Roman legal order in the provinces and the status of local laws and practices under Roman rule. These questions are explored through a series of case studies from Roman Egypt, including the well-known petition of Dionysia (P. Oxy. II 237).

From the book "The Big Analytics (Leaders Collaborative Book Project) - For, Of, and By the Data Analytics Leaders and Influencers".
Please go to page 252 to read my piece. In it I discuss the impact Artificial Intelligence will (very) soon have in legal practice. A disruptive technology indeed! But also a tremendous opportunity for savvy lawyers who want to offer 21st century legal services to their clients.

The legal services market in Poland and throughout the European Union is changing rapidly in the 21st century. Cross-border and international legal services, cooperation with foreign lawyers and collaboration with foreign clients are now increasingly common. Simultaneously, the conditions for lawyers to work internationally, the goals of legal services and the methods and forms of legal work are changing. Finally, lawyers evolve and become more and more international.

The study indicates that Polish lawyers are very reluctant to integrate into the European legal services market: they rarely work with foreign clients, do not establish relationships with foreign lawyers, do not work in other European countries and are distanced from the global development of legal services. Furthermore, the international legal services market rarely finds in Poland clients and associate lawyers. Polish lawyers and the entire domestic legal services market appear to be strongly isolated from the increasingly internationalised European legal services market. However, a small number of Polish lawyers practising abroad or with foreign nationals are reluctant to establish business links in the country.

Reasons for this are mainly: defective education of lawyers in the international field, absence of internships abroad, ossification of structures of national bar associations, no international networking, poor integration of the Polish services market with the market of other European Union countries and cultural lack of need for transnational legal services.

The research was conducted between 2017 and 2021 by semi-structured interviews (SSI) among representatives of the boards of Polish regional bar associations as well as by questionnaire surveys performed on a representative sample of Polish advocates and legal advisers. The study is supported by a content analysis of Polish lawyers' websites and desk research. The study is part of the canon of sociology of law. Based on the research outcomes, changes and reforms are proposed in Polish legislation, corporate law, education, and in day-to-day legal practice.

The basic elements of a contract, namely, offer and acceptance, the intention to be bound, and consideration, and requirements of form found in English, German, and Japanese law are compared against the background of their historical development, the legal consciousness and practices existing in these countries. In this way, awareness is built both of the theoretical or practical differences and the underlying socio-cultural reasons. This in turn aids in the comprehension of why certain variations exist, which, although sometimes deceptively small, may have great importance for contracting in practice.

A practical case – the negotiations currently underway in Geneva concerning the so-called binding treaty
on the responsibility of transnational companies – has cast a clearer light on the changes taking place in
international law (whether private, business, criminal, or public) and the emergence of a new branch of law
originating in North America - transnational law - seeking to reinvent the approach to the issue by focusing
on the practices of legal actors: global lawyers, transnational corporations, NGOs, victims, etc. This case
provides significant conceptual challenges: transnational law entails not only a change in the sources of international
law, but the transformation of the methods of law themselves, i.e., of our practices, regardless
of our fields (labor, environment, commercial law, etc.) or professions (legal practitioners, researchers).

The legal services market in Poland and throughout the European Union is changing rapidly in the 21st century. Cross-border and international legal services, cooperation with foreign lawyers and collaboration with foreign clients are now increasingly common. Simultaneously, the conditions for lawyers to work internationally, the goals of legal services and the methods and forms of legal work are changing. Finally, lawyers evolve and become more and more international.

The study indicates that Polish lawyers are very reluctant to integrate into the European legal services market: they rarely work with foreign clients, do not establish relationships with foreign lawyers, do not work in other European countries and are distanced from the global development of legal services. Furthermore, the international legal services market rarely finds in Poland clients and associate lawyers. Polish lawyers and the entire domestic legal services market appear to be strongly isolated from the increasingly internationalised European legal services market. However, a small number of Polish lawyers practising abroad or with foreign nationals are reluctant to establish business links in the country.

Reasons for this are mainly: defective education of lawyers in the international field, absence of internships abroad, ossification of structures of national bar associations, no international networking, poor integration of the Polish services market with the market of other European Union countries and cultural lack of need for transnational legal services.

The research was conducted between 2017 and 2021 by semi-structured interviews (SSI) among representatives of the boards of Polish regional bar associations as well as by questionnaire surveys performed on a representative sample of Polish advocates and legal advisers. The study is supported by a content analysis of Polish lawyers' websites and desk research. The study is part of the canon of sociology of law. Based on the research outcomes, changes and reforms are proposed in Polish legislation, corporate law, education, and in day-to-day legal practice.

This is a synopsis of the address made at the Graduation Ceremony of the CfPS Law School held at the BMICH on 15th February 2020.  In the course of the address, emphasis was laid on the special aspects of the law a budding lawyer aspiring to enter the legal profession in Sri Lanka should be familiar with. Such knowledge will be extremely useful in the delegent discharge of functions as a legal practitioner in any career in the public sector as Judicial Officers, State Counsel, legal draftsmen or in the private sector as bankers, securities regulators, or as legal researchers and teachers of law, or in building up of careers as legal practitioners in the highly lucrative private bar. Sri Lanka’s rich cultural heritage is reflected in its complex legal fabric, which in a sense, is a “legal museum” exhibiting side by side, laws of diverse origins. It is therefore important to stress that those LL.B graduates of the University of London intending to work in Sri Lanka should make a specially study of Sri Lankan law which govern Sri Lanka’s property law, contract law, law of persons including matrimonial law and the law of succession including last wills, which may fall outside the scope of the University of London Law degree.

Justly balanced or wasatiyyah is not a new concept in Islam, but already exists alongside Islam itself. this is proven from the jurisprudential aspect of Islamic legal system itself where Islamic jurisprudence or Usul al-Fiqh is the backbone. Justly balanced is an important consideration in formulating the legal rules and laws. Such formulation of legal rules and laws can be done through the application of methods as developed under Islamic jurisprudence. In relation to such aspect, the notion of justice should be monitored where without fail; concept of justly balanced has to be present. the presence of co-related concepts of justly balanced and justice are essential in the correct application and appreciation of the legal rules or laws. Simultaneously, without fail, the sanctity of Shariah can be preserved and it is also important as to avoid legal rules or laws from leading towards injustices.

Legal histories of Australia have largely overlooked the exclusion of European émigré lawyers from legal practice in Australia. This article recovers part of this forgotten history by tracing the drawn-out legal admission bids of two Jewish émigré lawyers in the mid-20th century: German-born Rudolf Kahn and Austrian-born Edward Korten. In examining their legal lives and doctrinal legacies, this article demonstrates the changing role and requirement of British subjecthood in the historical constitution and slow cultural transformation of the Australian legal profession. This article suggests that contemporary efforts to promoting cultural diversity in the Australian legal profession are enriched by paying attention to this long and difficult history of legal exclusions.

While focusing on the issues such as spirituality, faith, prayer, and discipline, the late antique literary discourse pays little attention to the engagement of monks in the mundane realities of daily life. The symbolic sig- nificance of the total withdrawal from the earthly matters have paved its way into common imagination of the monastic existence. One must, however, remain cautious while attempting to translate monastic writings into the reality of day-to-day life of a monk in Egypt. As shown by numerous papyri, social and economic relations between monks and the surrounding world were not sporadic, but an inevitable element of the monastic movement. The picture of Egyptian monasticism depicts a web of contacts with the ‘outside world’ and an entanglement of religious landscape in the local economy. In this article, I discuss only one aspect of the much broader issue, that is the existence of ‘legal capacity’ of monastic communities in late antique Egypt. I address the problem of ‘legal representation’ of monasteries as outlined in the sources of legal practice. For a lawyer, these observations are all the more stimulating as there has been an ongoing debate whether ‘legal per- sons’ as such existed at all in Roman law, and whether we could talk about anything approaching our current understanding of ‘legal personality’.

About the bibliography of the most renowned Brazilian jurist from the 20th century, Francisco Cavalcanti Pontes de Miranda, it is possible to note that he still possesses his place of prominence between the national authors in legal studies, even advancing the 21st century. The citations to the works of the author are still present, and the writings about his thinking can be found through the current search engines. However, the opinions about this author and his work continue unchanged for decades, always departing from the tone that he is a characteristic author from his epoch, with a strong Germanism related to his formation in the so-called Recife School (Escola de Recife). In this investigation, we propose a problematization of this point of view, departing from the presentation of elements from his almost unknown journal “Ciência do Direito”, published in 1934. This law journal is directed to legal practice, direction which escapes the common-place that relates Pontes de Miranda with a strong theoretical image in his performance in a variety of legal disciplines through his life, mainly because of the scientific perspective of the so-called Recife School, with which Pontes is related, and also to the fact that the author published a lot of treatises, from where it is possible to explain, afterwards, the formation of the renowned “Tratado de Direito Privado”, with 60 volumes. Thus, drawing on a methodology of the history of books and printings, we seek an expansion of the readings about the author, presenting, through the study of this Journal, the relevance of his attention to legal practice.

Disruptive of legal systems, anthropogenic climate change presents a number of conundrums for lawyers and defies the way they think about and deal with disaster risks. Japan is no exception. A decade after the 3-11 triple disaster, this conference paper examines the practical and theoretical conditions under which climate disaster risks arise as a new area of legal practice in Japan. Exploratory, it raises the question of how different types of practicing lawyers (attorneys, in-house counsels, government lawyers) can deal with the many legal disruptions caused by a continuously rising risk of more frequent and higher-impact climate change-induced extreme events. In so doing, it seeks to enrich the discussion on what to think like a lawyer means and implies in an era marked by climate crisis.

This article investigates the relationship between the legislation introduced in the field of proprietary rights assigned to various Church entities and the practice of accumulation of wealth by the monastic communities in late antique Egypt. On the one hand, among the literary sources the predominant theme concerning Egyptian monasticism is the idea of voluntary poverty and renunciation of worldly posses- sions aimed at the pursuance of a contemplative life. On the other hand, the papyri offer insight into monastic life that does not seem to have been entirely detached from the outside world. In this vein, the laws of Valentinian I and Theodosius II clearly indicate that monks and nuns continued to own property without distur- bance after undertaking religious life. In addition, Theodosius the Great and later emperors restricted the freedom of certain groups of citizens to disown their prop- erty, rendering the Christian ideal of voluntary poverty not always feasible. It is only with Justinian that the rules regarding monastic poverty are shaped and set by the secular power. The incentive for this study is to check for any conflict between the principles of classical Roman law in the field of private ownership and imperial legislation included in the Codex Theodosianus. Giorgio Barone-Adesi observed the tension that took place between the Christian communities and their corporations that were allotted ever broader privileges and the Roman principle of preservation of the property within the family unit. There is, however, still some room left for discussion since not all the data easily adds up to an unequivocal conclusion. In this analysis, the Code is treated as a measure for taking a stand by the legislator in the dispute between the will of the owner, recognition of the rights of the heirs and family members, and finally the privileges granted to the religious consortia.

An injunction is an equitable judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. It is often seen as a restorative order invoked by the Court to deal with a defendant who has no respect for the court of law.

Magyarország körülbelül 300 többoldalú nemzetközi szerződésben részes fél. Ahogyan a pontos számát ennek sem tudjuk, tekintettel a megbízható állami nyilvántartás hiányára, így arról sincs egzakt listánk, hogy mennyi fenntartást tett ezekhez Magyarország. Ez a cikk elemzi a Magyarország által tett összes fenntartást és javaslatokat tesz azok egy részének visszavonására.

Within the last three years, both the International Bar Association and LexisNexis conducted studies to examine the use of Internet Social Media (“ISM”) by members of the legal profession, along with looking at the significant gaps that exist among generations in the overall use of technology in the legal workplace. These studies revealed that there are concerns in the profession about the generational differences in the use of ISM and the effect of technology on workplace etiquette, the blurring of boundaries between personal and professional tasks, and the impact of technology overload. In 2009, the American Bar Association (“ABA”) created the Commission on Ethics 20/20 for the purpose of performing a “thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology.” In August of 2012, the ABA released the proposed changes to the Model Rules that came about pursuant to the work of the 20/20 Commission. This article will comprehensively examine how ISM technology has flourished, as well as analyze the IBA and Lexis findings that a generational gap exists with regard to the use of technology and ISM, will examine the American Bar Association’s efforts to address these concerns, and will conclude with recommendations for how the profession can address these issues to make the workplace more professional, efficient, and enjoyable

The article provides an analysis of the current state of the procedural legislation of Ukraine in the context of the judicial system reform carried
out in 2014-2019. The drastic changes in this direction, which began with the tragic events in the life of Ukraine in 2014, radically reversed
the three components of national justice – judicial system, status of judges and legal procedure. The key issue of the judicial reform in Ukraine is the implementation of the principles of the organization and administration of justice, the main of which is the supremacy of the law.
The essential principle in terms of the strategic vision of the key results of the judicial reform in Ukraine was the improvement of such principles
as political and economic independence of justice. In accordance with constitutional amendments, a reauthorization took place between the High Qualification Commission of Judges of Ukraine and the new constitutional body – the High Council of Justice. The power to review disciplinary cases against all judges, taking decisions on temporary suspension of judges from the justice fall within the competence of the latter. The Higher Qualification Commission of Judges of Ukraine is solely responsible for selection of judges, qualification assessments, holding competitions to fill the vacancy for judges.
The second principle of the organization and implementation of the judicial power in Ukraine was the principle of accessibility of justice,
which is traditionally viewed as a lack of excessive judicial expenses, lack of judicial corruption, complex judicial procedures and excessive
length of the judicial process. The primary change reflected in all procedural codes is the introduction of effective protection of rights the rights of a person. Particular attention is paid to ensuring the activities of the Supreme Court and implementing mechanisms that ensure the unity of law enforcement practice within the framework of a unified cassation proceedings.
An important step in the implementation of the justice reform was the reformation of legal institutions related to the judicial system (advocacy,
court enforcement action, reform of legal education, etc.).

(2018) Law and Critique 29(2), online first

Full-text  available at http://rdcu.be/H28W

This article aims to contribute to the academic debate on the general crisis faced by law schools and the legal professions by discussing why juristic practice is a matter of experience rather than knowledge. Through a critical contextualisation of Vilhelm Lundstedt’s thought under processes of globalisation and transnationalism, it is argued that the demise of the jurist’s function is related to law’s scientification as brought about by the metaphysical construction of reality. The suggested roadmap will in turn reveal that the current voiding of juristic practice and its teaching is part of the crisis regarding what makes us human.

International bar associations and chambers of commerce are increasingly recognising both the central role and evolving expectations of the legal profession in responding to climate change. The International Bar Association (IBA), the International Chamber of Commerce (ICC), the Stockholm Chamber of Commerce (SCC) and the American Bar Association (ABA), among others, have recently issued statements and reports covering various topics related to climate change and the legal sector. These initiatives provide guidance on how lawyers, legal practice and dispute resolution processes can help states, businesses, communities and individuals address contributions to, and impacts from, climate change.

This piece first appeared on the Practical Law Dispute Resolution and Arbitration Blogs on 2 July 2020.

Wenn Seelsorge stattfindet, bleibt Kirchenrecht häufig außen vor. Es wird von vielen Kirchengliedern eher als behindernd, weniger als ermöglichend erfahren. Auf über 3000 Metern über dem Meeresspiegel habe Kirchenrecht erst gar keine Geltung, zitierte Sandra Lassak, Dozentin an der Asociación educativa teológica evangélica in Lima, jüngst einen Priester aus den peruanischen Anden. Wer im Andenhochland Seelsorge treibe, könne mit eurozentrischen Rechtsnormen wenig anfangen. Viele Seelsorgerinnen und Seelsorger im deutschen Flachland empfinden kaum anders. Sie fühlen sich vom Kirchenrecht nicht gestützt, sondern eingeschränkt. Dabei soll Recht doch Ordnung erzeugen, Strukturen stärken, soziales Miteinander erleichtern und Konflikte bewältigen helfen. Das tut es auch häufig, aber nicht immer. In meinem Beitrag will ich der Frage nachgehen, woran es liegt, wenn sich soziale Praxis und Recht voneinander lösen. Hieran schließen Überlegungen an, wie sich Recht und Realität in der Kirche aufeinander beziehen lassen.

Public confidence is built by various public perceptions that emerge and live in the community about the courts. The more positive the perceptions are, the greater the confidence can be expected from the public towards the court. But if the perceptions are predominantly negative, the public trust needed by the courts is at stake. Therefore, it is important to diagnose the diverse and growing perceptions in the community about the courts through appropriate sources of information. It is the time for the Supreme Court to start both logical and empirical analysis process to diagnose “who”, either internally or externally, and “what” the behaviours are that contribute directly or indirectly to the negative or positive public perceptions. Doing quick responses to correct any problematic behaviours of the internal members of the court is inevitable.

This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.

The article presents the results of the pilot eye-tracking experimental study of the group of notaries (N=10) and other lawyers (N=9) who were instructed to revise legal documents for sale of land. The main purpose of this research was to verify, borrowing on the analogy to the study of chess players and other specialists, whether the notaries have developed complex cognitive structures in comparison with other specialists, who did not practice the preparation of any notary documents. The study significantly differs from previous research on legal specialist in two respects. Firstly, the task has been narrowly determined. Secondly, two different groups of lawyers have been compared in terms of the output and the quality of inspection strategy, namely non-specialist with general legal background and practicing notaries with significant professional experience. The results indicate strong advantage of notaries in terms of correct answers. The explanation for the difference in the results of qualitative analysis of reading and inspection processes is partially unexpected in the light of psychological theory of expert knowledge and the preliminary hypotheses. However, the experiment reveal connection between notaries' expert knowledge and cognitive efficiency associated with the performance of cognitive tasks.

Legal doctrine is an integral part of any developed legal system, where class of professional lawyers has been formed, complex of special legal texts has been created and there are professional legal practices secluded from other spheres of social activity. At the same time, the degree, forms  and a legal doctrine intensity of influence on processes of state and law-making, the development of society as a whole depend on the state of  the development of the legal system, existing legal traditions and the character of the sources of law system. The legal doctrine is created, reconstituted, developed as the result of intellectual and creative efforts of the professional community of lawyers (primarily scientists-lawyers), that always are in the specific economic, legal, cultural and political conditions. Substantial filling of the results of scientific researches, necessity in them and implementation in legal practice one way or another depend on power, in particular, the existing state and political regime. These and relevant to them questions have not been investigated sufficiently till now in Ukrainian jurisprudence, are acquiring actuality for the Ukrainian legal system, large-scale reforms of which are to be provided on the scientific grounds. This, in its turn, causes the necessity in revision or reconsideration of the role and significance of scientific legal community in contemporary national state and society.

The main purpose of the article is conducting analysis of foreign and domestic (Soviet) experience of the interaction between the scientific community and power, revealing of peculiarities (intensity, form) of influence of the latter on a legal doctrine formation.

On the European continent attitude to public authorities and the scientific community legal doctrine has not always been positive: it had been changing from recognizing doctrine at the official level as source of law, for example, in Ancient Rome, until its denial in some periods. Sometimes authoritarian regimes had been trying to control, or even subordinate the development of scientific thought, educational and cultural space. At last, conclusions from the negative experience have been done and came the realization that such a policy is not only harmful but also dangerous. Today, in the western law orders the results of scientific research have been accepted by the state and legal practice in connection with deep, thorough and objective cognition of the essence of  the state-legal phenomena and processes and revealing of regularities of their origin and development. The basis of such researches are methodological pluralism, real scientific discussion, free exchange of ideas, which is a prerequisite of working out of effective and useful to society scientific conclusions and proposals. Only a productive dialogue between the public authorities and lawyers, the existence of a free market of ideas, freedom of scientific creativity, independence of the academic community which is to be recognized and protected by the state and it is under such conditions working out of effective and useful to society scientific provisions is possible. Such dialogue, as it is known, is possible only in the case when subjects interact on an equal partnership footing, excluding the service function of legal science and the implementation of it by representatives of «political orders».

If you analyze the Soviet period, the interaction between the scientific community and the state, which has always strictly controlled all spheres of socio-political and legal life (except for short phase of liberalization of state policy), resembling moving of one-way street. From time to time the street name has been changed, but the rules and basic approaches were without any changes. Adding, that government dictated (most frequently) to the science and its representatives which questions and problems must be investigated, what to be criticized and what ideas are to be supported and which to be denied and rejected.

The article is devoted to the study of the structure of the normative element of the mechanism of legal regulation of social relations.
The mechanism of legal regulation of relations is considered as a system of legal means, methods and forms which regulate social relations. At the same time, under current conditions of the society development such regulation is achieved with minimal normative of the state. Scientists claim the variability of the normative element of the mechanism of legal regulation of social relations. The normative regulator is not the only way of influence on the subject’s assessment of abilities in the social environment. The abovementioned is manifested in the field of relations free of the state imperative pressure – relations, which formation is conditioned by the sphere of a person’s private life. Legal regulation of social relations in this field is achieved through the mediation of other regulators which have a common nature with the legal norm but a subjective limitation of their obligation.
Variability of the parameters making their content and essence may not always be fit into previously established normative regulators. Therefore, the legal norm may not regulate certain types of social relations. Moreover, the disposition of legal norms may not even meet the real needs of the subjects of a particular relationship. Or vice versa, a legal norm may contain only declarative principles or definitions, complicating the appropriate level of legal regulation of relations.
It is proved that legal norm is not a fundamental element of the mechanism of legal regulation of social relations, through which relations between the society members from the essential field to the real field and formation of corresponding legal relations between them are regulated. Corresponding regulatory influence is provided by other regulators of various legal nature, but of identical axiological significance.
The author argues that along with the legal norm the legal means for ensuring the mechanism of legal regulation of public relations include alter-normative regulators (agreement, practice), which represent a mutually agreed formation and further application of a corresponding normative structure to the specific model of behaviour of the participants of legal relations. Besides, over-normative (legal principles) and quasi-normative (judicial acts) regulators are distinguished along with normative and alter-normative regulators.
Since regulatory influence on public relations goes beyond the legal norm, the corresponding element of the mechanism of legal regulation requires its structural adjustment. The scientist coins a term a normative construct as set of legal concepts identical to the legal norm for description of an element of the mechanism of legal regulation of social relations

A Paris, Bordeaux, Rennes, mais aussi Oxford, Luxembourg, Tokyo, les cours magistraux des professeurs de
droit sont désormais complétés par des « transplants » que sont des enseignements dits innovants à visée plus
professionnelle nées en pays de common law :
-les simulations de l’Ecole Nationale de la Magistrature et les foisonnements des Ecoles des Avocats animés par
des magistrats ou avocats des écoles professionnelles françaises ;
-les moot cours qui simulent des procès des grandes universités du monde telle l’Université d’Oxford ;
-les cliniques du droit qui mettent en présence les élèves avec de véritables justiciables ;
-l’enseignement transsystémique qui met l’élève en contact avec la pluralité de droits et de systèmes juridiques
applicables dans un monde désormais globalisé ;
-l’enseignement on line qui permet d’organiser toutes sortes de pratiques d’enseignement collaboratives à
l’image de ce qu’est devenu le métier de juriste désormais.
La description attentive de ces rapports d’enseignement dits « interactionnistes » permet de répondre à la
question de savoir comment les enseignements dits innovant apprennent à « penser comme un juriste / learning
to think like a lawyer ».
Ces pratiques innovantes d’enseignement sont en effet des simulations des situations professionnelles des juristes
telles l’audience d’un procès, la consultation par un client, la négociation d’un contrat, etc. Ces pratiques
innovantes ont en commun de placer l’élève au coeur de l’enseignement en lui donnant les moyens d’être l’acteur
de la situation d’enseignement et en le plaçant dans une « situation d’interactions interpersonnelles, sociales,
professionnelles », véritable « répétition » de la vie professionnelle.
La métaphore du théâtre permet alors de comprendre cet apprentissage singulier. Si comme le pensait le
sociologue Erving Goffman la « société est un théâtre » où pour reprendre l’expression de William Shakespeare
« chacun doit jouer son rôle », quoi de plus naturel pour préparer un élève à y jouer un rôle professionnel que de
s’inspirer de la façon dont au théâtre est préparé l’acteur ?
Un modèle global -ou mondial- d'enseignement du droit est ainsi en train de naître sous l’influence de pratiques
innovantes d’enseignement du droit.
Cette recherche dirigée par Gilles Lhuilier a été financée par la Mission de recherche Droit & Justice du
Ministère de la Justice et réalisée par un consortium rassemblant des chercheurs de la FMSH, l’ESSEC, le
CNAM, l’ENS-Rennes, l’Université du Luxembourg, l’Université de Londres, l’Ecole de droit de Rio de
Janeiro, l’Université de Nagoya, etc.