In this thesis, I argue that clinical law teaching requires a theoretical analysis and pedagogical framework to address law students encounters with social suffering in clinical law contexts. A critical pedagogy of suffering, I argue, would take at its starting point an acknowledgement of the importance of the law student-client encounter as a deeply important pedagogical site - a place where certain views about lawyering, law, and justice are played out, and therefore a place that ought to be the subject of close attention by clinical law scholars and teachers. I argue that a critical pedagogy of suffering would focus specifically on the presence of human suffering in many of these encounters. Such a pedagogy would seek to distill the ways in which larger social and systemic forces produce and distribute social suffering, and how the dominant legal gaze and dominant legal practice are too often incapable of assessing or responding to these forces. It would also work to challenge notions that emotions and suffering are apolitical and unrelated to progressive legal practice, and to build a conception that engaged, critical witnessing of social suffering by lawyers and law students might lead to passionate and thoughtful lawyering for social justice in clinical law settings.

In this thesis, I argue that clinical law teaching requires a theoretical analysis and pedagogical framework to address law students encounters with social suffering in clinical law contexts. A critical pedagogy of suffering, I argue, would take at its starting point an acknowledgement of the importance of the law student-client encounter as a deeply important pedagogical site - a place where certain views about lawyering, law, and justice are played out, and therefore a place that ought to be the subject of close attention by clinical law scholars and teachers. I argue that a critical pedagogy of suffering would focus specifically on the presence of human suffering in many of these encounters. Such a pedagogy would seek to distill the ways in which larger social and systemic forces produce and distribute social suffering, and how the dominant legal gaze and dominant legal practice are too often incapable of assessing or responding to these forces. It would also work to challenge notions that emotions and suffering are apolitical and unrelated to progressive legal practice, and to build a conception that engaged, critical witnessing of social suffering by lawyers and law students might lead to passionate and thoughtful lawyering for social justice in clinical law settings.

The right of existence in the Constitution and the living support to request right in Public Assistance Act ensure the right to minimum of subsistence. But the right of existence in the Constitution ensures individual right, Public Assistance Act ensures family. It is specifically feasible to discuss that the living support to request right in Public Assistance Act is enacted to care for the people of low incomes and help them to live on themselves in a moment. This paper studies regulations of Public Assistance primarily. Therefore the research project of this paper includes¡GThe living supports to request right, administrative organ¡¦s organization, the regulations of behavior do conform to legally the administrative requirement. Second, the administrative relief, the judicial relief and Legal Aids Act forming a complete set. Third, by the principle of equity examines regulations of Public Assistance, that whether it is to be suitable ¡§the substantive equality under law¡¨. To be brief, this paper anticipates constructing more rational regulations of poverty.

The interpreter is overlooked when considering the refugee claim process in Canada, even though refugee lawyers most often work with interpreters to understand their clients. Through qualitative interviews with refugee lawyers, this thesis aims to better understand how interpreters affect the lawyer-client dynamic. Tension surrounding the appropriate role of the interpreter, the complexity of communicating through interpreters, and interpreters’ effects on lawyer-client relationships emerged as themes and are explored with reference to the existing interpretation studies literature. The author proposes that an updated lawyer-interpreter-client relationships framework is necessary to fully encompass the realities of these complex relationships, and offers suggestions for best practices to ensure lawyers, interpreters, and clients maintain productive relationships. / Graduate / 0398 / actontess@gmail.com

- j - Legal Design Abstract Legal world found itself in a situation when it is forced by rising demand and new tech- nologies to seek new ways to practice law. It is not sufficient anymore to simply provide bare legal services without acknowledging context and users' actual needs. Some degree of automatization and cost cutting of basic legal work has found its way into the legal practice. In accordance with trends about transparency and publicity of state administration, raises also demand to make law more affordable. Legal world was able to resist changes for a long time due to the lawyers' lack of motivation to do so and clients' ignorance of possibilities base on their lack of legal understanding. However, the situation is starting to change as can be seen on rising numbers of legal innovation start-ups. There are many possible solutions to these new challenges, and one of them is Legal De- sign. This discipline tries to implement design methodology into legal services with the goal of creating valuable innovations. Fundamental is human or user-centered approach in order to provide solutions that better suites them. For example, it aims to develop contract from ex post problem solving tool, into relationship building tool. Also for judicial system to not only decide disputes, but also strengthen sense of...

<p>The main purpose of this study was to examine how social workers interpret and legally practice the 6 § LVU (Care of Young Person´s Act) in regards to legal cer-tainty. The papers intention was to investigate and describe the legal scopes limits and deficiencies, linked to practical social work. The study was composed on a legal dogmatic method which implies to examine the law and its elaboration. The investi-gation was based on different court rulings of care of youths according mostly to 6 § LVU. Perusal and interpretation of the rulings have been necessary in order to clarify the issues. The investigation was also based on Professor Asbjørn Kjønstad's analysis method of social work. In addition to accomplish the purpose of the study following legal principles have been mentioned and used: objectivity principle, principle of le-gal certainty, principle of equal treatment, the official principle, principle of propor-tionality, the timeliness principle and the urgency principle. The analysis shows that 6 § LVU has deficiencies which leads to difficulties for social workers to interpret and use the law in practical social work. The total conclusion of this study is that 6 § LVU requires revision in order to ensure citizens legal certainty.</p>

Šiame darbe yra nagrinėjamas informacinių technologijų taikymas teisinėje praktikoje trimis kryptimis: 1) informacinės technologijos, kurios gali būti naudojamos kasdieniame teisiniame darbe, pradedant informacijos paieška, elektroninių notaro paslaugų diegimo galimybėmis bei baigiant komandiniu teisiniu darbu, kurį skatina šiuolaikinės informacinės technologijos; 2) informacinės technologijos, kurios yra naudojamos teisinių institucijų veikloje, konkrečiai aptariamos tos technologijos, kurias naudoja teismai ir valstybės registrai. Teismuose naudojamos informacinės technologijos analizuojamos tiek per Europos Sąjungos elektroninio teisingumo erdvės kūrimo iniciatyvą, tiek per Lietuvoje vykdomą teismų kompiuterizavimo projektą (LITEKO). Lietuvos registrų sistema taip pat aktyviai kuria savo informacines sistemas, kurių kokybė jau yra įvertinta ir tarptautiniu mastu. 3) informacinės technologijos, kurios įgalina teikti elektronines teisines paslaugas privatiems asmenims, aptariant tiek Lietuvos iniciatyvas šioje srityje (Teisingumo ministerija ir tinklas “Skynet”), tiek užsienio valstybių (Australijos “LawMail”). / The author analyses the application of information technology in legal practice through three dimensions: 1. information technologies applied by the lawyer in his everyday work: starting with the search of the legal information, the possibilities of installation of the electronic notary services and finishing with legal group work, supported by information technologies; 2. information technologies applied in the activities of the legal institutions, concretely discussing these technologies, which are being used by the court system and the state register system. The technologies used in the court system is being discussed through the initiative of the establishment of the electronic justice space in the European Union, and also through Lithuanian court computerization project (LITEKO). Lithuanian state registers system as well is actively establishing it own information systems, the quality of which was evaluated in the international level; 3. information technologies applied in order to supply electronic legal services to the private persons, discussing Lithuanian initiatives in this field (the ministry of Justice and the net “Skynet”) and the practice of foreign countries (Australian “LawMail” project).

European legal history, as a field of scientific enquiry, is a relatively young discipline that can trace its roots back to the German jurist Savigny, whose work on the jurists of the medieval ius commune is commonly seen as the first of its kind. As one of the foremost German scholars of the nineteenth century and a fierce opponent of German codification, Savigny laid the foundation for generations of subsequent historians, not only in terms of the scope, but also in terms of the method of enquiry. Thus, in the generations after Savigny, European legal history tended to be approached in terms of general narratives charting the development of the European legal order through successive historical epochs. Within these narratives, jurists played a prominent role. Thus, the creation of the legal order of Europe was based upon a translatio studii from the Roman jurists via the medieval ius commune to civil codes of the nineteenth century. By grouping jurists into “schools” or “movements”, modern commentators, so it was argued, were able to assess the impact of these on the narrative of European legal history. Although, since the end of the Second World War, this narrative has become more nuanced, the jurists remain central to it. This has had a number of consequences. The main consequence of this focus on jurists (mostly academic figures teaching at universities) has been the marginalisation of legal practice and legal practitioners in the narrative of European legal history. And yet, as recent research on the rise of central courts in Europe has shown, legal practice clearly had an impact on the development of the European legal order. In light of these insights, this thesis seeks to contribute to the narrative of European legal history by focusing not on the works of academic jurists, but on the activities of legal practitioners. This statement requires delimitation. Rather than focusing on a number of legal practitioners over a long period of time, this thesis will focus on a single legal practitioner who flourished during a specific period in European history using the principles of a microhistory. The individual in question is the French lawyer Nicolas Bohier (1469-1539). The reasons for this specific focus are twofold. First, a focus on a specific individual and his works allows for greater scrutiny in depth, thus providing a counterbalance to (and also a means of testing and verifying) the broad sweep accounts found in most works on European legal history. In second place, Nicolas Bohier and his oeuvre cry out for a critical analysis and, until now, remain largely unstudied. As a practising lawyer and eventually president of the regional court of Bordeaux, Bohier was at the coalface of French legal practice in the sixteenth century. As a prolific writer and editor, Bohier left a rich corpus of work consisting of records of decisions of the court in Bordeaux, legal opinions as well as customs of the region. Furthermore, sixteenth-century France is a particularly exciting topic of investigation. This period not only saw the rise and solidification of Royal authority, but also saw the beginning of the homologation of customary law in France. On an intellectual level, the sixteenth century saw the rise of “legal humanism”, a particularly controversial intellectual movement in the context of European legal history as shown by recent research. This then brings us to the central point of this thesis. If, during the sixteenth century, the medieval ius commune was being replaced by “national” legal orders across Europe, as the general surveys of European legal history state, the works of a legal practitioner would show it much more clearly than the works of academic jurists. This thesis will therefore examine Bohier’s use of the term ius commune across his works to assess not only his understanding of the term, but also to assess how this concept operated in relation to other “sources of law”, for example statute and custom. Although the results of a microhistory study should not be generalised too far, it will permit us to interrogate the general narratives of European legal history of the early modern period.

v anglickém jazyce Economic and legal aspect of money laundering Miroslav Dongres The UN defines it as "Money laundering is a process which disguises illegal profits without compromising the criminals who wish to benefit from the proceeds". Money laundering is a dangerous activity. Funds that pass through this process become a source for a various criminal activities, such as terrrorism, corruption, etc. The thesis is composed of three main parts. First part deal with methods and stages of money laundering. Money laundering is a sophisticated activity, with a high degree of complexity, which requires a certain level of planning. entertain various features and steps which are necessary to clear the funds. Stages are named as placement, layering and integration. The first part is given to a few real examples of ways of money laundering. Money laundering is an international issue. In today's world where there is almost no borders is neccesary develop an appropriate international cooperation, both at global and regional which is one of the characters of fighting against money laundering. The Second part of thesis show some of international organization engaged in this illicit activity, such as UN, EU, FATF, etc. It also introduce their rules and programs to fight to money laundering. There is a large...

Made available in DSpace on 2017-07-21T14:42:58Z (GMT). No. of bitstreams: 1 Luisangela Romancini.pdf: 653127 bytes, checksum: 11e35c515af8f1f5bff6cb7ee43a7512 (MD5) Previous issue date: 2010-02-26 / This thesis addresses the issue of access to justice and the social function of the Center for Legal Practice at the State University of Ponta Grossa. It is considered a historical perspective of the right of access to justice in Brazil highlighting the Constitution of 1988. The amendments put by the Constitution of 1988 refers to the elevation of the right to access to justice, fundamental right of the individual and replacing the term legal assistance, and the constituent has chosen to use the term full legal assistance, covering not only the assistance judicial, but the real objective inclusion of the individual within society. To this end, the constituent has delegated the provision of full legal assistance to the Ombudsman, which should be implemented in all member states, a fact not realized until the present. For analysis of the social function of NPJ / UEPG breaks Ordinance 1886/94, in which the MEC established the obligation of the practical training of students of Law Courses. Considering the absence of the Public Defender in all member states, these law firms eventually absorb part of their dispute should be housed by the state. This research has a qualitative and exploratory. Data collection was conducted through secondary sources such as literature and doctrine and primary sources such as documentary data, questionnaires and observation. The research objectives were to reflect on access to justice as a civil right and fundamental human right, describe the evolution of the constitutional provision the right of access to justice in Brazil and to analyze the social function of NPJ / UEPG access to justice. The dissertation is organized as follows: in the first chapter talks about the formation of the modern state and access to justice as a right of citizenship. In the second chapter discusses the evolution of the right to access to justice in Brazil and the innovations contained in the Constitution of 1988. Finally, the third chapter addressed the social function of NPJ / UEPG access to justice, presents data collected from the NPJ / UEPG and position of members of the prosecution and the judiciary. / Esta dissertação aborda o tema do acesso à justiça e da função social do Núcleo de Prática Jurídica da Universidade Estadual de Ponta Grossa. Considera-se numa perspectiva histórica do direito de acesso à justiça no Brasil dando destaque a Constituição Federal de 1988. As alterações vindas com a Constituição Federal de 1988 referem-se a elevação do direito ao acesso à justiça a direito fundamental do indivíduo e a substituição do termo assistência jurídica, sendo que o constituinte optou por utilizar o termo assistência jurídica integral, que abrange não só a assistência judiciária, mas a ampliação dos serviços de assistência para uma prestação mais eficaz e completa. Para tanto, o constituinte delegou a prestação da assistência jurídica integral à Defensoria Pública, que deveria ser implementada em todos os estados membros, fato este não realizado até o presente. Para análise da função social do NPJ/UEPG parte-se da Portaria 1886/94, na qual o MEC instituiu a obrigatoriedade da formação prática dos acadêmicos dos Cursos de Direito.Considerando a ausência da Defensoria Pública em todos os estados membros, esses escritórios jurídicos acabaram por absorver parte da demanda de litígios que deveria ser albergada pelo Estado. A presente pesquisa possui caráter qualitativo e exploratório. A coleta dos dados foi realizada através de fontes secundárias tais como bibliografia e doutrina e fontes primárias, tais como, dados documentais, aplicação de questionários e observação. Os objetivos da pesquisa foram refletir sobre o acesso à justiça como um direito de cidadania e direito humano fundamental, descrever a evolução da previsão constitucional do direito de acesso à justiça no Brasil e analisar a função social do NPJ/UEPG no acesso à justiça. A dissertação foi organizada da seguinte forma: no primeiro Capítulo discorre-se sobre a formação do Estado moderno e o acesso à justiça como direito de cidadania. No segundo Capítulo aborda-se a evolução do direito ao acesso à justiça no Brasil e as inovações constantes na Constituição Federal de 1988. Finalmente, no terceiro Capítulo abordou-se a função social do NPJ/UEPG no acesso à justiça, apresenta os dados coletados junto ao NPJ/UEPG e a posição de membros do Ministério Público e Poder Judiciário.