This dissertation examines the varying roles of lawyers and judges in Canada, the United States, England, France and Germany in a selection of “fictional legal narratives”: novels, movies, television shows and plays that explore legal themes. The study focuses on contemporary works after 1960, and explores the North American fascination with lawyers that saturates the major levels of culture, from the popular (including television shows, movies and novels) to the academic. Fictional images of lawyers and judges not only reflect but arguably also influence our attitudes toward the legal system, and offer a concrete way of conceptualizing abstract legal concepts. However, the vast differences between the Anglo-American adversarial legal system and the continental European inquisitorial legal system spawn very different fictional portraits of lawyers and judges. The differences between fictional legal narratives produced by each country, even those with similarly structured legal systems, are also striking. Chapter One begins by outlining a number of factors that contribute to the proliferation of fictional legal narratives in some countries, and their relative scarcity in other countries. Next, Chapter Two traces the wide range of lawyer images in American fictional legal narratives, which both glamourize and demonize the figure of the lawyer. Turning to anthropomorphizations of law in the United Kingdom, Chapter Three examines the British tendency to perpetuate the idea that, if correctly executed, the fundamental principles of British law would lead to a just and harmonious society. Chapter Four then explores the “anxiety of influence” reflected in Canadian images of law, which are more “soft-boiled” than the fictional legal figures of other countries. Moving to French fictional legal narratives, Chapter Five contemplates the predominance of the juge d’instruction figure and the prevalence of the investigatory mode. The dissertation then discusses the relative scarcity of fictional legal narratives in Germany, and the cynicism in existing German stories about law in Chapter Six. The study concludes by considering the future directions of the law and culture movement, as well as both the challenges and rewards of this interdisciplinary work.

This dissertation examines the varying roles of lawyers and judges in Canada, the United States, England, France and Germany in a selection of “fictional legal narratives”: novels, movies, television shows and plays that explore legal themes. The study focuses on contemporary works after 1960, and explores the North American fascination with lawyers that saturates the major levels of culture, from the popular (including television shows, movies and novels) to the academic. Fictional images of lawyers and judges not only reflect but arguably also influence our attitudes toward the legal system, and offer a concrete way of conceptualizing abstract legal concepts. However, the vast differences between the Anglo-American adversarial legal system and the continental European inquisitorial legal system spawn very different fictional portraits of lawyers and judges. The differences between fictional legal narratives produced by each country, even those with similarly structured legal systems, are also striking. Chapter One begins by outlining a number of factors that contribute to the proliferation of fictional legal narratives in some countries, and their relative scarcity in other countries. Next, Chapter Two traces the wide range of lawyer images in American fictional legal narratives, which both glamourize and demonize the figure of the lawyer. Turning to anthropomorphizations of law in the United Kingdom, Chapter Three examines the British tendency to perpetuate the idea that, if correctly executed, the fundamental principles of British law would lead to a just and harmonious society. Chapter Four then explores the “anxiety of influence” reflected in Canadian images of law, which are more “soft-boiled” than the fictional legal figures of other countries. Moving to French fictional legal narratives, Chapter Five contemplates the predominance of the juge d’instruction figure and the prevalence of the investigatory mode. The dissertation then discusses the relative scarcity of fictional legal narratives in Germany, and the cynicism in existing German stories about law in Chapter Six. The study concludes by considering the future directions of the law and culture movement, as well as both the challenges and rewards of this interdisciplinary work.

L'arbitre est un juge privé, il tranche, il juge, et il détient la balance de la justice, pourtant sesdécisions ne seront exécutoires que si le juge étatique compétent le décide. Ainsi soumise aucontrôle du juge, la sentence arbitrale s'intègre dans l'ordre juridictionnel. Elle doit doncrespecter l'ordre public et, plus généralement, les principes directeurs du procès. Certes, c’estune sentence oeuvre de justice et, au même titre que les décisions des tribunaux étatiques,bénéficie de l'autorité de la chose jugée.Les textes légaux et les règles qui gouvernent la procédure arbitrale ont une très grandeimportance tant pour les parties, que pour les arbitres. Ce sont en effet ces règles, et lapossibilité de les choisir, qui participent à la spécificité de l’arbitrage.La présente thèse identifie et analyse les diverses facettes de l'intervention du juge dans laprocédure d'arbitrage. S'il s'avère d'un précieux appui à l'arbitrage, le juge est aussi chargéd'en vérifier la régularité et d'en assurer l'efficacité. / The referee is a private judge, he slice, he Judge, and it holds the scales of justice, however itsdecisions will be binding only if the competent national judge decides. And subject to judicialcontrol, the award is part of the judicial order. It must respect the public order and, in general,the guidelines of the trial. Admittedly, this is an award work of justice, as well as thedecisions of state courts, has the authority of res judicata.Legal texts and rules governing the arbitration proceedings are very important for bothparties, for the referees. It is these rules, and the ability to choose which specific feature ofarbitration.! It is these rules, and the possibility of choosing, involved in the specificity ofarbitration.This thesis identify and analyze various aspects of judicial intervention in arbitration. If Itbecomes a valuable support to arbitration, the judge is also responsible for verifying theregularity and ensure efficiency.

No abstract / Thesis (LLD)--University of Pretoria, 2019. / Public Law / LLD / Unrestricted

Thesis (M.S.)--Boston University / This is a study of factors in the initial contact related to families' handling of a treatment plan offered by a child guidance clinic. When a clinic considers cases for treatment plans it is important to know as closely as possible that the family can and will use such help. The needs of the community for the helping services of the clinic as shown, in part, by the waiting lists are a charge to the clinic to offer treatment wisely. The nature of many of the problem situations presented for consideration is such that the decision can be a crucial one in the lives of whole families. Clinics do not offer a simple remedy, but a complex problem-solving process which involves two or more members of the family in a new kind of experience with the combined efforts of the clinic team. Each clinic has objective criteria to consider in making its selection of cases and each has a vital interest in broadening this objective base for a more scientific procedure. This study of factors relating to acceptance of treatment is pertinent to that interest. Two groups of twelve cases presenting similar problems have been compared. One group consists of cases which did not accept treatment when it was offered. The other is a group of cases which accepted and entered into treatment. The application interviews as recorded in the case records were examined by means of a schedule. The schedule was constructed to examine factual data and the attitudes of both parents toward help, toward their child and toward the problem. The information from the two groups was then contrasted in an attempt to identify any significant differences. [TRUNCATED]

1 Legal Status of Judges in the Czech Republic - Disciplinary Liability Summary This diploma thesis focuses on the disciplinary liability of judges in the Czech Republic. The introduction of the thesis describes judiciary legislation and the individual responsibilities of a judge in performing judicial duties. The next part defines disciplinary liability and its legal nature and it also mentions the relationship of liability for damages and disciplinary liability. The third part focuses on the course of disciplinary proceedings and the structure of the disciplinary court that deals with disciplinary offences. Next, the fourth part offers a practical view on the individual disciplinary offences. The final part describes disciplinary measures and concentrates on one of them in particular - the concept of complaints of minor imperfection. The conclusion summarizes the findings and provides a comprehensive overview of the disciplinary liability of judges in the Czech Republic. The whole issue is examined mainly in terms of current legislation. Keywords Disciplinary liability of a judge. Judge. Disciplinary proceedings.

Le juge judiciaire a l’autorité, l’art et la prudence. C’est à lui que le justiciable s’en remet lorsqu’il estime que ses intérêts sont lésés. Il doit alors avoir confiance en son personnage qui traduit l’effectivité de Justice comme la réalisation des droits de chacun. Le juge mérite cette confiance. En matière de préjudices environnementaux spécifiquement, le juge œuvre justement à une meilleure justice environnementale. Il tente alors de réaliser les droits de chacun comme ceux qui peuvent indirectement être attribués à l’environnement per se. Il participe ainsi à l’émergence d’un véritable ordre public écologique. Il démontre ainsi sa capacité à faire cesser, à réparer ou à indemniser les actions portant sur la réalisation de ces préjudices environnementaux. Malgré la naissance de ce paradigme social et environnemental évolutif où le juge participe par un effet de levier à l’évolution du Droit de la responsabilité civile, il est entravé par certains obstacles juridiques pour réaliser son office. Tantôt certains de ces obstacles sont inhérents à la matière juridique qui irradie l’action en justice, si bien que le juge n’a pas nécessairement les armes intellectuelles pour exercer son office de jurisdictio. Tantôt d’autres obstacles procéduraux l’empêchent encore de réaliser un tel office. Spécialement dans un litige où les intérêts environnementaux portés devant le juge sont propices à la sauvegarde du patrimoine commun de l’humanité et des générations futures, le juge judiciaire doit ainsi trouver un rôle éclatant dans le construction et la pérennisation d’une véritable action en justice environnementale. / The judge has authority, art, science and caution. He comes back to the litigant when he thinks his interests are injured. He has to be confident and be the guarantor of rights and duties of anyone. The judge deserves this confidence. Front to environmental prejudices, the judge has to improve a fair justice. As a matter of fact, he tries to make everyone’s rights as the ones who belong to environment per se. He is the one who contributes to the uprising of a true ecological public order. He demonstrates his ability to stop, fix or compensate damages relating to environmental harm. Despite the birth of this social and evolving environmental paradigm, the judge is part of a leverage effect in order to expand cival liability. Nevertheless, he is facing legal obstacles to fulfil his tasks. On the one hand, these obstacles are inherent to law which anihilate legal proceeding. However, the judge is not necessarily having the intellectual ressources to realise his role as a jurisdictio. On the other hand, operating procedures act as a serious break for the judge. Especially in legal proceedings where environmental issues are conducive to the common heritage of humankind and future generations. The judge has to build and maintain a true environmental action.

No description available.

The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...

This diploma thesis deals with various aspects of the status of a judge as it is stated in the Czech legal order. Firstly, author focuses on the formation of the office of a judge. There is also described controversial approach of the former president of the Czech Republic Václav Klaus on the appointment of new young judges. Final part of the chapter deals with comparison with the United Kingdom in the way of becoming the judge. In the next chapter, there are described particular duties arising from the Czech legislation. Attention is focused on preserving the dignity of the judicial function, confidentiality and maintaining a certain standard of professionalism The section dealing with duration of the status ends with third chapter relating to a termination of the office of a judge. There are mainly described legal terms that could be confusing, because they sound similar, but have different meaning. At the end of this part, author discusses the age limits for termination of the office of the judge. Next chapter analyze guarantees of independence and impartiality of the judge. Those are an essential part of just decisions of the courts. Major part deals with disciplinary proceedings and its procedure. The fifth chapter deals with specific issues of the office the judge. There are discussed...