Disertacijoje yra nagrinėjama centrinės LDK teismo institucijos – Vyriausiojo Tribunolo ir jo funkcionavimo XVIII a. II pusėje istorija. Tiriamą laikotarpį įrėmina svarbiausios teismo reformos, vykusios 1764 ir 1792 bei 1793 m. Darbe, remiantis ,,efektyvios teismų veiklos“ konceptu, šuolaikinės teisės teorijos ir praktikos tyrimų rezultatais, realizuojama kompleksiška prieiga prie teisingumo vykdymo naujųjų laikų visuomenėje tyrimo problematikos. Analizuojami svarbiausiais teismo veiklos determinantais laikomi faktoriai: teismo kompetencija, sudėtis, teismo procesas ir praktinis darbo organizavimas. Teismo sudėties aspektas analizuotas per teisininko profesijos formavimosi problemą, todėl siekta ne tik įvertinti teisėjų, kancelarijos darbuotojų, advokatų, agentų ir instigatorių pareigas bei funkcijas apibrėžusių normatyvinių aktų visumą, bet ir sudaryti šių asmenų sąrašus. Teismo darbo dinamika buvo nustatoma apskaičiuojant teismui teiktų ieškinių, teismo spręstų ir paliktų neišspręstų bylų skaičius bei vidutinį į kiekvieną registrų knygą įrašytų ieškinių išnagrinėjimo laiką. Pabaigoje dar buvo išryškintos pirmosios instancijos teismų veiklos problemos, dariusios įtaką Tribunolo darbo krūviui, taip pat analizuoti kai kurie pašalinių asmenų poveikio teismo priimamų sprendimų turiniui pavyzdžiai ir bajoriškosios sąmonės apraškas atskleidžiantys epizodai. / The dissertation examines the central judicial institution of the Grand Duchy of Lithuania: the Supreme Tribunal and its functioning in the latter half of the 18th century. The choice of the investigated period was determined by the most significant judicial reforms carried out from 1764 to 1792 and in 1793. The present work, with reference to the concept of “efficient practice” and data of the research on modern legal theory and practice, adopts a comprehensive approach towards the administration of justice in the society of modern times. It analyses the most important factors determening the court’s activity: court’s competence, composition, judicial process and practical organization of its work. The compositional aspect of the court is analysed through the lenses of the formation of legal profession, therefore the aim was not only to evaluate all the normative acts defining responsibilities and functions of judges, chancellery clerks, advocates, procurators, court prosecutors but also to compile a comprehensive list of them. The dynamics of the court’s work was determined by calculating the number of lawsuits filed, number of cases that were solved and the ones left unsolved as well as the average time it took to settle lawsuits that were recorded in each register. At the end there are highlighted the problems encountered by the lower order courts that influenced the Tribunal’s workload. There is also given the analysis of some examples of how outsiders impacted the... [to full text]

This thesis critically assesses the design and operation of the corporate legal adviser (“CLA”) system for state-owned enterprises (“SOEs”) in the People’s Republic of China (“PRC”). / The study of in-house legal advisers (commonly known as corporate counsel) in Western jurisdictions has developed as its own subfield of studies of the legal profession. That literature shows that the roles that in-house legal advisers in Western corporations should and can play is heavily influenced by their corporate environments, corporate policies and attitudes of the corporate leaders with whom they work. There are a range of complex organizational and ethical issues faced by Western corporate counsel in discharging the functions of effective gatekeepers, advisers and preventive law practitioners. However, as compared with the abundant published works on corporate counsel in the era of post-Enron corporate America, there is little academic literature on in-house legal advisers in China. / In the face of the challenges and risks caused by the intensifying economic reforms in the PRC since the early 1990s, and China’s entry into the WTO in 2001, the PRC Government has been attempting to strengthen measures to preserve and protect those state assets that are managed and operated through SOEs. The supervisory body for SOEs is the powerful and well-known State-owned Assets Supervision and Administration Commission (“SASAC”) which is directly under the control of the State Council. / SASAC has perceived that corporate counsel in Western corporations have been playing a critical role in corporate risk management and decision-making, and have been accorded a high status within their organizations. Therefore one of the measures implemented by SASAC under its risk management framework for SOEs is the CLA system. The CLA system requires SOEs to engage licensed CLAs as part of the corporate governance and risk management system. Pursuant to the Administrative Measures for State-owned Enterprise Corporate Legal Advisers (2004) (the SASAC document governing the system), the role, rights and obligations of CLAs are set out. The policy objective is to ensure that SOEs are managed and operated in compliance with law and with proper legal advice. / SASAC leaders have claimed that the CLA system in SOEs has made great achievements in improving the risk management performance of SOEs. However, this thesis finds that SASAC has not properly addressed the ethical and role dilemmas commonly faced by Western corporate counsel. On the basis of the Western literature on corporate counsel and analysis of SASAC’s policies and the practice of SOEs, this thesis identifies the following key concerns with the CLA system of SOEs: the status and independence of CLAs, the qualification system for CLAs, the legal and professional regulation of CLAs, and the management structure and corporate culture of SOEs where CLAs work. Finally, the inherent problems caused by the power structure in SOEs, especially the role of senior cadres of the ruling Chinese Communist Party in SOEs, has not been resolved. / This thesis concludes that CLAs as corporate watchdogs in SOEs are still at the developmental stage. More empirical research of CLAs of SOEs is warranted to better understand how China, as an emerging world economic power, is to play on the international stage.

This thesis critically assesses the design and operation of the corporate legal adviser (“CLA”) system for state-owned enterprises (“SOEs”) in the People’s Republic of China (“PRC”). / The study of in-house legal advisers (commonly known as corporate counsel) in Western jurisdictions has developed as its own subfield of studies of the legal profession. That literature shows that the roles that in-house legal advisers in Western corporations should and can play is heavily influenced by their corporate environments, corporate policies and attitudes of the corporate leaders with whom they work. There are a range of complex organizational and ethical issues faced by Western corporate counsel in discharging the functions of effective gatekeepers, advisers and preventive law practitioners. However, as compared with the abundant published works on corporate counsel in the era of post-Enron corporate America, there is little academic literature on in-house legal advisers in China. / In the face of the challenges and risks caused by the intensifying economic reforms in the PRC since the early 1990s, and China’s entry into the WTO in 2001, the PRC Government has been attempting to strengthen measures to preserve and protect those state assets that are managed and operated through SOEs. The supervisory body for SOEs is the powerful and well-known State-owned Assets Supervision and Administration Commission (“SASAC”) which is directly under the control of the State Council. / SASAC has perceived that corporate counsel in Western corporations have been playing a critical role in corporate risk management and decision-making, and have been accorded a high status within their organizations. Therefore one of the measures implemented by SASAC under its risk management framework for SOEs is the CLA system. The CLA system requires SOEs to engage licensed CLAs as part of the corporate governance and risk management system. Pursuant to the Administrative Measures for State-owned Enterprise Corporate Legal Advisers (2004) (the SASAC document governing the system), the role, rights and obligations of CLAs are set out. The policy objective is to ensure that SOEs are managed and operated in compliance with law and with proper legal advice. / SASAC leaders have claimed that the CLA system in SOEs has made great achievements in improving the risk management performance of SOEs. However, this thesis finds that SASAC has not properly addressed the ethical and role dilemmas commonly faced by Western corporate counsel. On the basis of the Western literature on corporate counsel and analysis of SASAC’s policies and the practice of SOEs, this thesis identifies the following key concerns with the CLA system of SOEs: the status and independence of CLAs, the qualification system for CLAs, the legal and professional regulation of CLAs, and the management structure and corporate culture of SOEs where CLAs work. Finally, the inherent problems caused by the power structure in SOEs, especially the role of senior cadres of the ruling Chinese Communist Party in SOEs, has not been resolved. / This thesis concludes that CLAs as corporate watchdogs in SOEs are still at the developmental stage. More empirical research of CLAs of SOEs is warranted to better understand how China, as an emerging world economic power, is to play on the international stage.

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No. of bitstreams: 1 Dissertação Henrique Sperandio May 2018.pdf: 573771 bytes, checksum: 9b8b77fc17cc6f4d91def17312063866 (MD5) Previous issue date: 2018-05-03 / As conquistas recentes obtidas com o auxílio de ferramentas de Inteligência Artificial (IA) provocam curiosidade crescente e, ao mesmo tempo, geram certo desconforto. Indagações quanto à possibilidade de a IA substituir o trabalho do homem ou à eventualidade de que a máquina possa vir a pensar como um ser humano aparecem quando se discorre a respeito da interação da máquina com a sociedade. Aparentemente, há consenso entre os especialistas sobre o fato de que a IA seja uma tecnologia importante na prática do Direito. O objetivo deste trabalho é apresentar tal tecnologia ao leitor, identificar seus principais impactos na profissão jurídica e mapear os desafios que aparecerão do conflito e da confusão gerados pelas mudanças tecnológicas. Como a discussão sobre o alcance da IA é recente, foi realizada uma revisão bibliográfica a respeito do tema. Para tanto, foi consultada a literatura especializada publicada por meio das mídias tradicionais durante os últimos dez anos no Brasil, nos Estados Unidos e na Europa. Para relatar a abrangência da tecnologia em questão, optou-se por pesquisar experiências de empresas brasileiras que estejam desenvolvendo ferramentas de IA para o mundo jurídico, bem como comentar experiências de escritórios de advocacia na discussão e implementação de atividades relacionadas com a IA. O trabalho de revisão bibliográfica foi complementado com a exposição de relatos de empresas que atuam no desenvolvimento de ferramentas de IA, nos setores público e privado, bem como de colaboradores de escritórios brasileiros que têm estudado formas de utilização dessas ferramentas. Este trabalho aponta para a importância de se acompanhar a utilização das ferramentas da IA na profissão jurídica. Tal tendência pode contribuir para a liberação do tempo do advogado, permitindo-lhe concentrar-se em funções estratégicas, e está alinhado com a demanda dos clientes por serviços a preços cada vez mais competitivos, representando um incentivo para que sejam encontradas formas alternativas de realização do trabalho dos advogados. A pesquisa referente ao desenvolvimento de tais ferramentas é fundamental e deve ser aprofundada. Faz-se necessário, também, discutir a grade de formação do advogado, com o objetivo de capacitar o aluno a atuar com conhecimentos ampliados que lhe permitam trabalhar como um agente multidisciplinar na indústria de serviços legais. / Recent achievements coming from Artificial Intelligence (AI) tools provoke increasing curiosity while generating some discomfort. Inquiries about the possibility of AI replacing human work or the possibility that the machine may think like a human appear when discussing the interaction of the machine with society. There seems to be consensus among scholars that AI is an important technology in law practice. The objective of this work is to present the technology to the reader, to identify the main impacts of AI in the legal profession, and to map the challenges that will arise from the conflict and the confusion generated by the technological changes. Since the discussion about the scope of AI is recent, a bibliographical review of the specialized literature, over the last 10 years, has been carried out on traditional media from Brazil, the United States and Europe. In order to report the scope of the AI, the experiences from both Brazilian companies that are developing AI tools for the legal world and from law firms in the discussion and implementation of activities related to AI have been researched. The bibliographical review work was complemented by the reports of companies that work in the development of AI tools both in the public and private sectors, as well as by the experience related by Brazilian legal firms who have studied ways of using these tools. This work points to the importance of accompanying the use of AI tools in the legal profession. Such a move can contribute to the lawyer's time release by allowing him to focus on strategic functions and is aligned with customer´s demand for services at increasingly competitive prices, representing an incentive to find alternative ways of performing the lawyers´ work. The research concerning the development of such tools is fundamental and should be deepened. It is necessary to discuss the lawyer´s training grid with the objective of enabling the student to act with expanded knowledge in order to enable him to work as a multidisciplinary agent in the legal services.

Le notariat existe depuis le tout début de la création de la province et il a traversé les différentes époques sociétales et sociales. Le notaire québécois contemporain possède des prérogatives professionnelles et une manière de pratiquer dont les caractéristiques semblent encore relever des origines de sa genèse, ce qui paraît peu adapté aux réalités de la société d’aujourd’hui. Cette étude nous amènera, dans un premier temps, à nous intéresser aux différentes dimensions du passé du notaire pour déterminer leurs liens avec le rôle qui est actuellement le sien. Par la suite, nous tenterons de préciser le concept de notaire « architecte de l’ordre social privé » développé par Roderick A. Macdonald et de définir le concept de « notaire clérical ». Ces deux concepts seront à la base de notre analyse du notaire québécois contemporain. / The notarial profession has existed since the beginning of the creation of the province of Québec and has survived different social eras. The modern notary in Quebec has professional prerogatives and a way of practising that still seem to have little in common with their origins in the foundations of the notary's profession. The latter seems to not be well adapted to the realities of modern society. This study will lead us, in the first instance, to examine the different dimensions of the past of the notarial profession to determine its links with its current role. We will then try to clarify the concept of the notary as "architect of the private social order" developed by Roderick A. Macdonald and to define the concept of "clerical notary". These two concepts will form the basis of our analysis of the contemporary Quebec notary.

我國繼受羅馬－日耳曼法系傳統，法學教育的內涵是博雅教育。英國與美國在普通法學徒制的傳統下，法學教育的目標是訓練合格律師的職業教育。此即Max Weber區分的理性的法學教育與經驗性的法學教育模式。本文將以法律文化研究中法律多元主義的觀點，觀察並描述整體法律運作的實際狀況，包含法律歷來的演進過程，以及支配法律運作的原理原則。並將法律體系與社會的其他部門，同樣置諸文化脈絡之內，探究法學教育模式之間的相互影響。 法律文化傳統影響法學教育目標，而教育目標的確定又帶動教學方法的演進。近年來美國的學士後法律學位模式，亦即一般為期三年的J.D，被東亞的日本、南韓與中國紛紛借鏡，我國也有全面引進之議。但在確定法學院的教育目標和教學品質之後，即不應以任何形式控制法律從業人員的數量，而應依循資格考的原則，讓接受過充分法學訓練者皆能進入法律的實踐階段。

This diploma work deals with marketing utilization in service sektor, concrete in legal profession. The objective was to make analysis of marketing assertion in legal office. On the basis of suitable methods was followed and evaluated actual posture of marketing literacy in legal office. Result of practical analyses was definition of barriers, handicaps, reserves and opportunities at marketing utilization in legal office. Theoretical part features information about marketing in service sektor, shows in legal profession domain and gets acquainted with used methods. Practical part analyses contemporary state in legal office. By means of suitable methods is drafted the measure, how to eliminate barriers, handicaps and reserves and to take advantage of opportunities.

Employing decolonized, Indigenous research methods, the author considers Métis Beadwork Practice through the analytical lens of Therapeutic Jurisprudence and establishes the practice as a holistic Indigenous Legal Pedagogy for knowledge creation and mobilization in legal education. The author agrees with Drs. Friedland and Napoleon who suggest that a significant challenge in and to Indigenous legal research is that such research occupies a space of “deep absence,” with the starting line moved back as a consequence of colonialism. Building on the work of Dr. Shawn Wilson, the author espouses an Indigenous Research Paradigm which requires a prioritization of the relationship to the ideas and making space for non-linear logic systems and Indigenous ways of knowing in scholarly research. In her work, the author prioritizes synthesis over deconstruction on the belief that deconstructing relationships to ideas for the purpose of analyzing them would have the effect of damaging the cognitive and emotional relationships developed through the research ceremony. While the work embodies the four essential elements of autoethnography, the author argues that the work of Indigenous scholars speaking in their own voices is sui generis in nature. She argues that Indigenous scholars who employ storytelling and other culturally-relevant knowledge mobilization practices are engaging a distinct Indigenous Research Method. This work ultimately progresses in a non-linear fashion and incorporates extra-intellectual knowledge including poetry, music, and photography. The use of multiple fonts and other formatting devices including right justification are used to underline shifts in voice and perspective throughout the work. These pedagogical choices valourize the ways of knowing of Indigenous women and honour the author’s Métis worldview, including her understanding that all things are interrelated. The author examines, and ultimately eschews, notions of neutral objectivity in research as colonial constructs that undermine Indigenous Knowledge Systems and contribute to the ongoing colonization of Indigenous peoples in post-secondary education. Following an introduction to the legal and social history of Forced Assimilative Education of Indigenous Peoples in Canada, the author reviews recent research into ongoing colonialism, racism, and ethno-stress experienced by Indigenous Learners in post-secondary education. The ii author subsequently explores the specific concern of the subjugation and erasure of Indigenous women’s knowledge in academia. She conducts a review of existing literature in the sphere of Feminist Legal Theory, examining and ultimately rejecting intersectionality and conceptualizations of sisterhood as possible remedies to discrimination faced by Indigenous women legal scholars. She argues that the lived experience of Indigenous women is situated not at an intersection, but rather in the centre of a colonialism collision. As a consequence, the author argues that existing Feminist Legal Theory does not create adequate space for Indigenous difference, experiences, or worldviews. Offering insight into legal education, legal ethics, and professionalization processes, the author also explores questions of lived experience of Indigenous lawyers beyond the legal academy. She argues that learning the language of law is but the first element in a complex professionalization process that engages structures of patriarchal hierarchy in addition to the other forces, including colonialism and racism, that shape the legal profession. She further argues that, for Indigenous peoples, learning to speak the linear, official language of legal education represents a collision of even more complex systems of dominance, with the regulated approach to learning and problem-solving standing in direct opposition to Indigenous ways of knowing. Consequently, Indigenous law Learners frequently experience an intellectual rupture when engaging in the professional assimilation process. The author offers an overview of Calls to Action 27, 28, 42, and 50 of the Truth and Reconciliation Commission of Canada and an introductory environmental scan of ongoing efforts to decolonize and indigenize law schools including land-based learning and the development of Indigenous Course Requirements (ICRs). The author subsequently considers the process of decolonizing the legal academy through the analytical lenses of Therapeutic Jurisprudence and Therapeutic Jurisprudence+. She ultimately positions the act of decolonizing legal education as an act grounded in decolonial love with the potential for healing individuals and communities struggling with ongoing colonialism and racism in the academy. Building on the work of the late Professor Patricia Monture-Angus and contemporary Indigenous legal scholars including Drs. Tracey Lindberg, Darcy Lindberg, Val Napoleon, and John Burrows, the author considers possibilities for reimaging legal education through the development and use of Indigenous Legal Pedagogies. The author argues that Beadwork Practice holds a distinctive language of possibility as an Indigenous Legal Pedagogical practice as a result of deeply entrenched links between beads and law. The author explores the social and legal history of beads as a tool for legal knowledge production and mobilization in the context of wampum belts and beyond, including the use of Métis beadwork as a mnemonic device to facilitate intergenerational knowledge transfer of stories and songs that carry law. Further, she examines colonial law and policy that served to undermine the legal value of beads, and canvases emerging trends in the revitalization of community beadwork practice. Finally, the author positions Beadwork Practice as a holistic Indigenous Legal Pedagogy to support not only the revitalization of Indigenous Legal Orders and the development of cross-cultural competency as required under Calls to Action 27 and 28, but also therapeutic objectives of individual and community healing.