Sunday, November 6, 2011

Post-Modern Jurisprudence, or What I Learned at Traffic Court


Some of my friends never speed; more of them never get caught -- my wife, for instance. I don't often speed, but whenever I do, it seems, I get caught. But now, this year, last month, I had a life-changing experience in traffic court: From now on I will never speed, never get tickets, and never fret about insurance coverage.
Every so often, we leave the city of New York for what is called the country. In doing so, we drive a car. We shouldn't, I know, but we do because we usually bring a lot of stuff and because our idea of the country is at some remove from commuter trains and their wonderful little stations. Most of the time we take an up-hill-and-down-dale parkway that I will call here the Bucolic Parkway. It's a pretty road and one with no trucks on it bigger than monster pickups. Deer can present a serious threat on the Bucolic. Natural selection has not yet made them any more conscious of the dangers of darting into traffic than, say, our adopted little street dog. Still, I like the Bucolic and don't mind driving it, north or south. It doesn't get a lot of traffic. We listen to a well-acted audio-book or a podcast on neuroscience or the Supreme Court. The drivers who use the Bucolic seem to be sober middle-aged types in no great hurry and with no inclination that I can detect to road rage. (This is a huge relief to anyone who has ever survived the West Side Highway, where everyone of either sex seems to be drunk on testosterone and where no one passes in the left lane when they can careen in front of you from the right.)
Three months ago, in my former driving life, I was caught, I confess, going 73 miles-per-hour on the Bucolic; not such a big deal, you may say. Trouble was, I had gotten another ticket -- a big one -- two and a half years before. It was on the madcap West Side Highway, in fact, under the cliffs below the George Washington Bridge, where it changes its name to Henry Hudson Parkway. I had made it a religion at that point to never go much beyond the posted speed limit, wanting to keep my insurers content with my overall driving record. But in trying to survive the general rush to the north, I had completely missed the several signs saying 35 miles-per-hour on this one little curving stretch. The ticket that time, from a grim, booted city policeman, was for $280. I paid it, grudgingly, after dithering with a friend about whether or not to go to court in hopes of a knockdown to a lesser offense. Then, a month or two later, I got a bill from the State of New York for a "responsibility fee" of $300; this was for going more than 20 miles per hour above the posted limit of 35. I paid that, too, but now my grudge was deeper and stronger.
More than two years passed. Then this fall, driving alone on the Bucolic, I lost my dutiful concentration going down a hill. Before I knew it, there was a cop behind me with his lights flashing and his siren whining. "Oh, no," I thought. "My insurance company won't like this. It's not yet three years!"
The young policeman was nice about it, once we got to talking, but he still issued the ticket.
"How fast were you going?" he asked me.
I didn't want to say that I always tried to go 10 miles above the limit -- that would be an outright confession. "Uh, I try to stay with the flow of traffic," I offered.
"The laser had you at 73," he said. I thought of the responsibility fee and sighed with inward relief; at least I wasn't 20 beyond the limit, only 18. "Did you use cruise control?" he asked.
"I think so," I said.
"Sometimes on the hills," he explained, "it shoots you up with the RPMs and..." Hmm... perhaps I had been speeding unintentionally, involuntarily! He had planted a little seed of rationalization that grew over the next few weeks as I sent in the ticket with my plea of not guilty.
I then went online to find out when exactly it was that I had been caught the last time. Once I learned the date of that last, mighty ticket, I decided that not only would I make sure to go to the hearing, but I would also try to postpone the date at which I would be found guilty -- and thus the date at which my insurance company would date my conviction. With a little luck, I could reach the three-year point, whatever the fine. So I appealed to the clerk, twice, for delays of my appearance.
Then came my fateful court date. Here's how it went: I got off the Bucolic on a very snowy afternoon, coming to a stop at a desolate corner with nothing in sight except a big aluminum-sided warehouse facing me from across the little road. It looked like a depot for sand and salt: huge and cavernous, more or less new, with only a parking lot surrounding it, and nothing else in sight -- certainly no town to justify the notion of a municipality or a court. Kafka for the parkway, I thought. A sign across the way said, with eloquent concision, "Court." I drove into the lot, parked my car, got out and walked around to the front door, hearing loud Muzak at the back of the building. I entered a large room with rows of chairs, as if for a struggling fundamentalist congregation. Up front, where you might expect an altar, there is a shiny, wooden construction behind which sits the judge, ancient looking, sunken in his robe, bald, decrepit, red-faced -- in short, straight out of Dickens: a guttered-out Christmas candle. Next to him, to his right, the slightly less ancient clerk, a thin woman -- tidy, trim, alert, firmly coiffed, plainly in control.
As I entered, I saw that they both had the same last name -- the judge and his wife (or sister), presiding.
Various slovenly men in suits smiled at me as I entered -- lawyers all, I soon learned, hoping for instant business. A very pretty young cop in a black, vaguely Mussolini-esque outfit greeted me with a smile and lots of paper. I signed in, choosing "defendant" rather than "attorney" for my identity -- the only two choices in this particular gathering. The seats accommodated a handful of other defendants -- not a crowd but, at $200 or $300 a head, enough to keep the municipality running for a few days at a time. Nearly all of these defendants seemed to be working to suppress ironic, utterly unguilty smirks. I sat by a woman who wanted to talk while her husband spoke with one of the two male cops. I had already noticed how each of the cops kept busy going back and forth among small side rooms and the judge's "bar" (which, come to think of it, had no bar but looked more than anything else like a counter at a new but austere, rural pub).
I am not sure what the lawyers were doing, but they gave and received lots of greetings -- with the judge, the cops and us, the defendants. The woman behind me said -- a little too loudly -- that the lawyers were thieves and this was a farce. "My husband was clocked at 77," she told me, "but there's no way he was doing that. His whole family are cops. And my brother-in-law's a lawyer, but they're all out on Long Island, so a lot of good it does."
Reassured that I wasn't the worst criminal in the courtroom, I waited to hear from her much more taciturn husband. He lumbered back from the cop, and the judge and the clerk herself to report with a little smile, "disregarding signs." Now I knew I had come to the right place. This was definitely the sort of crime I could get enthusiastic about having committed.
My turn came when the young cop who had stopped me called out my name and waved me towards his particular cubicle. I made sure to keep my eyes locked innocently on his, telling him that he had been helpful when he pulled my over because he had offered the explanation that the fault was not in me, but in my my cruise control. He seemed to like this line of discussion -- as I knew from our first meeting -- and set about telling the story once again but at greater length: "Yeah, it's a hill... the cruise revs up the RPMs... the car can't do anything but speed up... and it's downhill so it goes way to fast with all those RPMs... I pull 'em right over." I nodded eagerly like any good student confronted with an exculpating theory that he has never dreamt of before. The cop looked at the paper when I mentioned the day of the arrest. "Hmm, 1:58... early on my shift... You were my first that day." Then he paused. "Mmm, 73..." He looked up at me with a smile. "You are the slowest one of all that day. Early in the shift..." I took this to mean that early in the shift he takes any paltry little fish that his laser can hook. "I'll mark this one down to parking." I nodded, trying to suppress my inward giggle: I hadn't even managed to "disregard signage," but had only stopped somehow where I wasn't supposed to -- going over 70! This is the law as an ingenious, physics-defying wonder, re-imagining the world with some serious post-Einsteinian quirks.
I went before the judge, who mumbled I am not sure what. The cop spoke clearly, but incomprehensibly of sections of the New York State statutes. I looked up at the cartooned seal and wondered why the motto was "Excelsior." The judged mumbled some more and looked to me for commentary. I said, "Yes, your honor." The policeman nodded good afternoon to me. The judge handed a pink sheet to his wife, who seemed to know exactly what we were all doing, namely, I thought -- putting one over on the universe and its notions of justice.
I sat down again, this time next to someone named Bloomberg, who had not been found guilty of parking on the Taconic, but of "disregarding signage." She was suitably disconsolate -- perhaps envious of me as an unruly parker. The good clerk called out my name after Bloomberg's. I went up and, as instructed, wrote out a check for $125. The clerk did not look up. Unlike her near relation, I assumed, she was not prepared to let the section headings confound her sense of justice. Unable, from her seat, to look down at me and my ilk, she did the next best thing, which was to speak to us peremptorily and without a glance. Or perhaps she was merely thinking that you'd have to be a real fool to park on a parkway where most people seemed to be going pretty fast.

Legal services and legal maintenance


Today any business needs strict observance of legislative norms. Legal aid and legal service of the enterprises and businessmen without dependence from sphere of their activity are that type of service which are rendered to clients by our company. The fine knowledge of laws, professionalism and a wide experience of legal work allow us to render the qualitative help to all interested persons. Our clients are connected with manufacture, building, the goods and services. In each separate case we guarantee an individual approach to a solution of a problem and positive result favourable to the client.

At different stages competent legal consultation concerning different level of complexity can be necessary for many kinds of business. Having addressed in our company, the client can receive it in any convenient kind. Simple questions are resolved by carrying out of oral consultation of the expert which explains to the client a correct operations procedure, confirming the words with standard documents. Besides, our company offers clients unique service – free business consultations which can be received every Wednesday under the preliminary arrangement. Within the limits of half-hour free consultation the client absolutely free of charge receives councils and recommendations from the skilled expert specializing in concrete area. More difficult cases demand studying of documents and analytical work. In this case the lawyer can present the inquiry or the conclusion where answers to questions of the client with references to laws and codes, variants of actions in the circumstances taking into account possible risks will contain.

To the separate companies it is more convenient, if consultation of the lawyer is not single, but constant service and to accompany all questions of conducting economic and financial activity, including foreign companies in territory of the Russian Federation. The help of the professional will be invaluable in questions of the corporate and commercial right, the labor legislation, the taxation (including, support of tax checks and the appeal of tax certificates). Experts will help at registration of firms, with processes of merge and absorption, bankruptcy, at liquidation of the companies, in arbitration and judicial disputes, at examination of contracts and to definition of legal risks and in other difficult circumstances. Our lawyers will prompt how correctly to issue labor relations with employees, positions about the personnel, orders, instructions. Besides, experts will consult concerning laws on advertizing, protection of the rights of consumers and to other important questions.

Depending on the maintenance of the prisoner between our company and the client of the contract, professional legal services will appear in the necessary volume. Answers to interesting questions in the oral or written form, supported with corresponding legislative documents and legal substantiations, will help clients to do business correctly and lawfully.

Jurisprudence - a great and important science of all times and the people.


Jurisprudence - a great and important science of all times and the people. Each law is accepted in the order established by the law, the society uses these laws, observes them, breaks. But very few people asks a question, on how the jurisprudence throughout the period in general was under construction and developed from the moment of state occurrence. Many at all don't represent, what way there has passed jurisprudence to reach a today's condition: that the society could live in a lawful state.
Choosing a theme for a term paper writing "jurisprudence History", first of all, it is necessary to be guided by its urgency: the huge importance of jurisprudence, both during the various historical periods, and in today's conditions. Meanwhile, despite the huge importance of the designated subjects, research to areas of history of jurisprudence weren't spent almost.
At research of evolution of jurisprudence the accurate periodization, first of all, is necessary. It allows to organize, structure a large quantity of the collected historical heritage better. In this connection the given term paper should be designed on the historical periods. Scientific value of such periodization the essential. After all the periodization assumes correlation of the legal theory with a historical epoch, allows to reveal the basic ideas characteristic for this or that period. It is the first and important step to research and giving of intelligent character of the studied material on jurisprudence stories, for the given work.
The jurisprudence in the course of the formation and development has passed a long way in which process its status changed. She endured the periods of launches and falling. During the periods of blossoming the science becomes the right, during the periods of falling it takes a modest place of a source of the right. It is obviously important to address to the nature and essence of jurisprudence which causes its big role in society life.
In connection with the above-stated, it is necessary to define the purpose of the given work: to spend research work to areas of history of jurisprudence in which course to define sequence and stages of development of jurisprudence from its occurrence and up to now.
On the basis of the aims laid down for given work, it is necessary to designate and research problems:
To open concept and value of jurisprudence, as jurisprudence;
To carry out the analysis of historical development of jurisprudence in the Russian state;
To designate the positive and problem parties of jurisprudence in the course of its existence;
To specify possible ways of the decision of the revealed problems.

Tuesday, October 18, 2011

The lawyer from Ukraine has offered hundred thousand euro for the bible text about sanctity of Sunday

Unique possibility is given priests not only to confirm legitimacy of celebrating of Sunday, but also to receive hundred thousand euro in an award for the bible basis of sanctity of Sunday.
Nikolay Gunko, the lawyer and the public figure from Ukraine, has offered the priests, correcting service on revivals in temples, to confirm sanctity of Sunday with the Scriptus text. To involve in research большее number of priests, he has promised to pay compensation for the found bible text in the sum of hundred thousand euro.
Daily research of the Scriptus during which time he has never met neither in Shabby, nor in the text New testament about sanctity of the Sunday, the first day of week became an occasion to such statement as Nikolay confirms.
«If the Bible speaks only about sanctity of Saturday if God names Saturday in the afternoon Dominical, sacred and celebrated why the people considering with Christians, celebrate Sunday - the day, which God never consecrated?» – he asks. «Many give reason for sanctity of Sunday that fact that they, thus, esteem revival of the Lord. Really, Jesus has revived in the first day of week, but He hasn't told святить this day», – Nikolay underlines.

It is necessary to notice that Nikolay Gunko isn't the unique person in the Christian world, the brought up question of absence of bible acknowledgement of sanctity of Sunday.
Catholic cardinal James Gibbons in the book «Belief of our fathers» has written: «you can read the Bible from Life before Revelation, and won't find any line which would confirm consecration of Sunday. The Scriptus obliges to religious observance of Saturday. If you want to observe the Bible doctrine, worship on Saturday. But the Church says that the tradition costs above the Bible, and we have established revival. We have changed day according to authority of Church».
If objectively to consider the problem a centuries-old collision about a bottom Dominical becomes obvious that on the Laodikijsky Cathedral the theological error has really been admitted – authors of transferring of day Gospodnja since Saturday on Sunday have lost sight of that fact that this decision wasn't based on the new treasured books of the Scriptus collected in a canon on the same Cathedral.
The question is really very important, considering that fact that the Pervoapostolsky Church observed Saturday. Joseph Flavy writes: «There is no эллинского or the barbarous city, any such nation where the custom wouldn't get to have a rest in the seventh day!» (M’Clatchie, Notes and Queries on China and Japan, edited by Dennys, Vol. 4, Nos. 7, 8, p. 100).
Dominical to be told about the relation of early Christians to Saturday the following: «the First Christians tested great awe of Saturday and spent day in worship and sermons. And, no doubt, they took it from Apostles that written certificates on this question» (Dialogues on the Lord’s Day, p confirm some. 189. London: 1701, by Dr. Т. Н Morer, a Churcli of England divine).
«Saturday represented strong bonds which have united them with life of all people, and in observance of sacred Saturday they followed not only to an example, but also and Jesus precept» (Geschichte des Sonntags, pp. 13, 14). «The seventh day, Saturday, was solemnly marked by the Christ, Apostles, simple Christians to the Laodikijsky cathedral which has abolished it» (Dissertation on the Lord’s Day, pp. 33, 34, 44).
Nikolay Gunko – the author of many реформационных articles on religious subjects, such as «New testament Easter – bread and wine or an Easter cake with крашенками?», «the Christening – кропление, douche or immersing?», «a Trinity true and false», «the Virgin – maiden Maria or the tsarina heavenly?», whether «there is a life after death?», «icons – a debatable question in the Christian world».



Aphorisms of lawyers



* the Trade of the lawyer consists in that all to call into question with what to disagree and to speak endlessly.

T.Jefferson

* In legal issues it is necessary to address not to common sense, and to lawyers.

      Robert Lembke

 * If business isn't glued, it sew.

  * Council of the lawyer: take people a word assured by the signature and the press.

  * to Win process - not the main thing, main - not to lose.

  * If it will not be proved opposite, everyone is considered fair.

  * each good income item has a bad number in УК.

  * Make the legal body easier, and physical to you will be pulled.

  * practice of their application Is more senior laws in Russia only.

  * the Fate smiles to the one who isn't noticed by a Themis.

  * If truth against you, turn to it a back, and it will be for you.

 * don't search for malicious intention that quite explainably nonsense.

  * don't search for excuses, they should be at hand!

  * There are two types of lawyers: those who knows the law and those who knows the judge.

  * don't allow the facts to mislead you.

  * That for one error, for another - the initial data for the statement of claim.

  * the Jury of jurymen is a concourse of the people collected together with one purpose - to define, what party has employed the best lawyer.

 * And the limited clients can have unlimited possibilities.

 * If you don't have previous conviction, it not your advantage, and our defect (a judicial saying).

  * the Legal department of business concern is a department on struggle against the legislation.

  * In a primitive society there was an interdiction for murders and a cannibalism. Broken the law killed and ate.

  * The it is less in the legality state, the it is more in it than lawyers.


Thursday, October 13, 2011

The world court over fascism

Robert Jackson in a speech for the prosecution on the Nuremberg process has declared: «If you tell that these people are innocent, it all the same what to tell that there was no war, isn't present killed, there was no crime». Lessons of the International military court which has condemned a Hitlerite mode in war crimes, crimes against the world, humanity, render a great influence and on modern history.

The Nuremberg process has begun at ten o'clock on November, 20th, 1945, and has terminated in announcement of last sentence on October, 1st, 1946. To court the higher state and military figures of fascist Germany have been betrayed. Against the world and humanity (murder of prisoners of war and cruel treatment of them, murder of civilians and cruel treatment of it, plunder public and a private property, an establishment of system of a slave labor, etc.), accusation in drawing up and realization of plot has been brought with fulfillment тягчайших war crimes to all of them. All defendants, except Mine, Friche and Papena, have been recognized by guilty of the shown charges and are sentenced:
To the death penalty through hanging (Goering, Ribbentrop, Kejtel, Kaltenbrunner, Rosenberg, Frank, the Freak, Shtrajher, Zaukel, Zejss-Inkvart, Borman and the Yodel);
To lifelong term (Gess, Funka and Reder);
By 20 years of imprisonment (Shirah and Shpeer, have served time punishments, are released in 1966);
By 15 years of imprisonment (Nejrat, is released in 1953 conditionally-ahead of schedule in view of poor health);
By 10 years of imprisonment (Dennits, has left completely).

The bill of particulars which has laid down in a process basis, causes to this day set of disagreements and different interpretations. Despite a large quantity of witnesses both the process, and all adjacent procedures with it, authentically to establish the facts which of the bill of particulars have been withdrawn, it is impossible. In particular, it is considered the most interesting an exception of charge of refusal of the German party in political interest concerning Bessarabia. According to the sources, the specified refusal could provoke the a little actually occurred events, which образовывают structure of responsible crimes. However, in our opinion, the evidentiary base of refusal is based exclusively on the unique document – the Nonaggression pact between Germany and Soviet Union. Article 4 of the specified document says:« Any of Contracting parties won't participate in any grouping of powers which is expressly or by implication directed against other party ». Thus, the fact of interest or refusal of interest subjects to serious doubt the given article.
Meanwhile it is authentically known that the Nonaggression pact signed 8/23/1934 between Germany and the USSR has been published in the newspaper of "News" of 9/24/1939 not in full. Keeping in the strict secret during the Nuremberg process the additional report to the Nonaggression pact in item 3 says: «Concerning the southeast of Europe from the Soviet party interest of the USSR to Bessarabia is underlined. From the German party it is declared its full political disinterest in these areas». As well as the Nonaggression pact, the report have been signed by Molotovym from the USSR and Ribbentropom from Germany.
One more Soviet-German contract (from 9/28/1939) has been made in two parts: to the public, all interested persons presented later and officially published, and confidential which consists of three independent documents signed in one day with the contract:

The confidential report;
The confidential additional report on amendments to the report from 23.08.1939;
The confidential additional report on a non-admission of the Polish propaganda.
The essence of is confidential-confidential reports is reduced to the following:

1. Between Germany and the USSR was established migratory каминаут (that is unobstructed resettlement to Germany from the USSR and on the contrary).
2. Bilateral refusal in the admission of the Polish propaganda on territories of Germany and the USSR was established: «Both Parties won't suppose any Polish propaganda mentioning territory of other party in the territories. They will suppress all sources of similar propaganda in the territories and to inform each other on the measures undertaken with that end in view». But the international documents covered mutual disagreements to lull vigilance of the opponent. Two years later Germany will publish the Instruction № 21 («the Plan Barbarossa») in which preamble will specify: «the German armed forces should be ready to break the Soviet Russia during short-term campaign still before war against England» will be finished. And slogans will be published in the USSR like:« Brothers and sisters, Muscovites! Know – you not one. All Soviet people with you. It with great anger has risen on protection of the Native land, the happiness, the honor. It, its nice heroic Red Army will smash a head to a nasty fascist reptile "("Truth» from 10/26/1941).

Surprises approach level to concept "confidentially", not allowed to publish in litigation manufacture a shadow part of agreements between the countries in which real intentions and real relations were specified. These additional reports directly contradicted the basic contracts and agreements, were closed and represent the greatest interest with a view of studying of true motives of an unbinding of the Second World War. Now, having got access to "confidential" and "confidential" materials, it is possible to draw a conclusion: the military court of Nuremberg had huge value. As a result of process of about a year the true has been established, guilty – are punished. Having taken out a verdict of guilty to the main nazi criminals, the tribunal recognized aggression тягчайшим as a crime of the international character. The Nuremberg process sometimes name history Court as it has made essential impact on definitive defeat of nazism, its recognition especially grave crime and has brought it in the field of international criminally-legal relations. For today as participants of the International criminal court Germany has signed and ratified the Roman statute of 1998, and Russia, правопреемница the USSR, has signed, but didn't ratify. Accordingly, jurisdiction of the given court concerning Russians and the crimes made in territory of Russia, – special, from a country permission.
Undoubtedly, value of the International criminal court highly. The history problem unique – not to admit repetition of errors, not to get again to a situation when crime event is available when in the statistical data catastrophic figures – 55 million the victims who have suffered are specified, missing persons, 11 million the Jews sentenced to death, – and proofs is insignificant a little. Only joint efforts, authority of the governments of all countries it is possible to establish the truth close to true as it has been made in the Nuremberg process.



Modern jurisprudence


Juridical education

In the XX-th century in the developed countries of Western Europe, the North America and a number of other countries juridical education has extended extremely widely and became as though traditional. It is connected with the increased role of legal regulation of public relations in the modern states. Some reduction of number of law students was observed after the Second World War termination, however from the middle of 1950th years it has again considerably increased.
As a rule, in all countries there are faculties of law at universities, and also separate law schools where prepare shots for various links of the government, lawyers. However juridical education isn't unified till now and in each country is constructed on the. For example, in France after events of 1968 division of universities into faculties is cancelled, a number of the specialized educational centers (on the basis of the Parisian university — 13 educational centers, including 6 — legal specialities) instead is created.
In the USA, Great Britain, Germany and other countries the diploma of the lawyer grants the right to occupy purely legal posts and to work on a number of adjacent trades, but for work as the lawyer, in Office of Public Prosecutor, on some posts of machinery of state additional vocational training often is required. In France for employment of a judicial post or work as the lawyer it is necessary, having the diploma, to pass additional examinations and to receive one more diploma (the so-called qualifying certificate). In the Scandinavian countries, in Latin America of the diploma about juridical education, as a rule, it is enough for employment of any legal posts.

Juridical education is divided on some educational cycles. In the USA, Great Britain, Mexico and other countries 1st cycle lasts 3 years and ended degree of the bachelor of the right, 2nd cycle — 1 year (graduates get degree of the master of the driver's license) is awarded. At some universities there is 3rd cycle providing raised scientific preparation after which degree of the Doctor of Law) is appropriated. Juridical education includes two biennial cycles In France: the general preparation (upon termination of the diploma stands out) and specialization (the rank of the licentiate of the right is appropriated). The rank of the Doctor of Law is awarded ended an additional cycle of the raised level and written the dissertation.
In Europe association of national systems of the higher formation in a uniform zone (Bolonsky process) that influences including the juridical education organization in the countries entering into this zone (including Russia) recently is observed.
Graduates of the American faculties of law (the most prestigious in the world) 2009, according to the press, have serious problems with employment in connection with world financial crisis.

Jurisprudence


Legal science, jurisprudence (an armor. jūris prūdentia "jurisprudence", from an armor. jūs, a sort. The item jūris "right" and an armor. prūdentia "prediction", "knowledge") is the complex science studying intrinsic properties of the state and the right; set of legal knowledge; practical activities of lawyers and system of their preparation.

Thus as jurisprudence understand some the interconnected concepts:
Science about the state and the right, studying results of legal regulation and putting forward legal ideas about possibility of entering of progressive changes in the mechanism and ways of regulation of a society.
Set of knowledge of the state, management, the right, which presence gives the grounds for professional work legal activity.
Practical application of legal knowledge, activity of lawyers.
System of preparation of experts-lawyers in legal educational institutions.
Legal sciences, jurisprudence - the social studies studying the law, legal system as system of social norms, правотворческую and правоприменительную activity.
Theoretical and philosophical legal sciences - jurisprudence, state and right history (right history), the state and right theory, history of legal doctrines.
Legal (legal) sciences on right branches: a civil law science, a science of criminal law, etc.
Applied legal sciences - criminalistics, a criminology, forensic medicine, judicial psychiatry, legal psychology, etc.


History


 Antiquity

Jurisprudence elements arose in process of development of the legislation and a legal science: some data on the right joined in general education system still in the ancient time. Originally they accompanied religious knowledge and philosophy. For example, in India the right of brahmen contacted a religious cult and was studied along with it. In Israel legal instructions were studied on Zakonam Moiseja. In the Ancient Greece at schools стоиков trained in judicial eloquence.
Gradually the jurisprudence has stood apart in an independent subject matter and already with reference to Ancient Rome it is possible to confirm about presence of certain system of juridical education. Originally the knowledge of the right in Ancient Rome also was the privilege of priests. The Roman lawyer Pompony wrote that in 254 year BC Tibery Korunkany — the first Supreme priest from plebeians — declared that will explain the right to each interested person, than has begun right teaching publicly.
The first private law school where teachers gave lectures, gave answers to questions and conducted debates with pupils, has been organized by Sabine in I century d.C. (the school сабинианцев before Kapitonom has been based). Also the school прокульянцев is known. In IV-V centuries there were already some such schools with four-year term of training (in Rome, Constantinople, Athenes, Alexandria, Caesarea, Beirut) where pupils studied compositions of known Roman lawyers, first of all Guy's Institutions, and also the composition of Papiniana and Julia Pavel. In 533 year emperor Justinian has published the special constitution about introduction of a 5-year-old course with obligatory studying of its Institutions, Digest and Kodeksa Justiniana.



The Middle Ages

The successor of the Roman legal tradition Byzantium continued to remain.
In the Arabian countries domination has passed to the religious right — to Sheriyat, therefore legal knowledge was got with religious Islamic training.
In the Western Europe in the early Middle Ages of special juridical education wasn't. However in X century in Pavia the school where it was taught лангобардское the right has been based. In the end of XI century in Bologna besides school of free arts there was the school of the right later transformed to Bolonsky university where in the middle of XII century some thousand students from the different countries of Europe were trained in the Roman right.
In XII-XV centuries in a number of countries of Western Europe there are universities (Oxford, Cambridge, Parisian, Paduansky, etc.) where faculties of law on which mainly Roman law was studied were leaders.
At the people of the Western Europe the jurisprudence becomes the invariable companion of cultural development. Gradually developing estate of lawyers in Italy, England, France and Germany is occupied throughout centuries by theoretical and practical working out both Roman, and the domestic right, and also the philosophical analysis of doctrines of the so-called natural right. Treatises of lawyers lay down here in the basis of legislative and judicial activity; many of them get the authority equal to the legislative. The West European lawyers from the first steps of the activity put to themselves purely practical problems, religions alien interests and a policy. Initial treatises of these lawyers are practical collections of data cards for the conclusion of legal transactions and litigation.


Occurrence numerous brevia (writs), containing individualized, like Roman, claims on each case of infringement of the rights protected by laws became feature of jurisprudence of medieval England. Gradually such brevia are exposed to legal working out from lawyers. Near to collections brevia there are collections of judgements (records), comments to them, judicial managements (reports), with a statement of the most important judicial cases and arguments, on which the parties based the claims. At last, there are the whole reviews of the law in force which had huge educational and practical legal value. In XII and XIII centuries among such collections the Treatise about laws and customs of kingdom of England »(Tractatus de legibus et consuetudinibus regni Angliae) for Glenvilla — the first treatise on a general law, and also« De legibus et consuetudinibus regni Angliae libri quinque »(English is most known« On the Laws and Customs of England) Henry Brektona — most considerable of medieval legal compositions of England, representing processing of numerous judicial incidents and the decisions, got by characteristic logic for English jurisprudence and practical sense. In it influence of the Roman right and acquaintance to Institutsijami Justiniana also is appreciable.
Considerable difference of English local legal tradition from continental, based on the Romance right, has predetermined further separate development of English-Saxon and romano-German legal families.
The French jurisprudence till XV century directs the attention to collecting and common law processing in кутюмы (фр. coutume — custom) but mainly with studying of the Roman right. For example, Great Kutjumy of Normandy, Kutjumy Bovezi Phillip де for Bomanuara and кутюмы other French earths and cities are known. On their basis in 1389 «the Big collection of customs of France» which however couldn't overcome separation of the national right in France (up to Great French revolution) has been made.
The jurisprudence in Germany during the early period of the development lagged behind in development from English and French. Only by the end of XIV century the considerable centers of studying of the right — Karlov university in Prague, the Heidelberg and Leipzig universities where the initial right was studied along with the civil Roman are formed.
 New time


England

The new push to development of English jurisprudence in second half XV centuries is given by compositions of Forteskju: «De laudibus legum Angliae» and Litltona: «Tenures». The first has primary value in the field of public, the second — in the field of private law. Litltonom follow S.Zhermen («Dialogus de fundamentis legum Angliae et de conscientia», 1523), Fittsgerbert («New Natura Brevium», 1538), Staunford, the oldest English theorist of criminal law («The Pleas of the Crown», to 1558), Smith (it «De republica Anglorum» represents compressed компендиум state, criminal and civil law of England of its time, 1565).
The composition of the Cook of the general character — «Institutes of the laws of England» well-known also. There was variety of the minor lawyers consistently developing separate branches and all system of the English right (from them stand out Hall, Hawkins, Comyns — lawyers of a XVII-th century).
One of the most known works of English jurisprudence of New time can name William Blekstona's four-volume work «Comments to English laws» (English Commentaries on the laws of England) the XVIII-th century end. It had been entered teaching at university of a national general law (English Common Law) into Great Britain that considerable impact and on jurisprudence of the USA has made.


France

By the end of XV century in France serious processing of judgements in interests of practical application of right Jurisprudence des Arrêts among which figures Lue (Louet), the made collection of decisions (about 1602), and Denizar (Denisart) especially stand out begins. Then follows number of the lawyers who have directed the attention, except studying of the Roman right, to processing редижированного already common law and numerous royal ордонансов (begun to play an appreciable role owing to collecting of the French earths and royalty strengthening), for the purpose of association of all kinds of sources of the right in France. Among them Dju-Mulen, with Kokil, Luazel, Lorer, Savari (in the field of a commercial law), Pote, Д’Агессо, Domat are allocated.
After Great French revolution the edition of new codes (the criminal code, Napoleon's civil code) has caused numerous group of their commentators and creates the scientific activity directed on догматизацию of positions and historical studying of development of the right of France.


Germany

In process of Retseptsii of the Roman right the attention of jurists of Germany concentrates more and more on this right; the independent thought is shown only in the form of the rare exceptions which sample is Ulrih Tsazy. Practical studying of the right concentrates at school of the lawyers operating in the field of jurisdiction рейхскаммергерихта of Sacred Roman empire and its activity. Among them Ioahim Minzinger a background Frundek (Protestant) and its opponent Andrey Gajl (Catholic) stand out in 2nd half XVI centuries.
The German right is studied in sense противоположения its Roman (in the name of legal works it is characteristic differentiae). Here attract attention «Differentiae juris civilis et sassonici» Benedict Rejngarda (1549) and Ludwig Faksa (1567). From a XVII-th century the German jurisprudence tries to enter opposition against domination of the Roman right. In this direction show the activity school of the natural right and germanists. In 1643 there is Henry Konringa's composition: «De origine juris germanici», shined development of the national German right and its true relation to the Roman. It followed by Johann Shiltera's works — «Praxis juris romani in foro germanico» (1698) and Samuila Shtrika — «Usus modernus pandectorum» (1690—1712).
In a XVIII-th century of work of German lawyers concentrate on a question on codification of the general German and the local rights Prussian, Bavarian and Austrian: here names of Samuelja Koktsei and Gottliba Suaretsa are allocated.


Russia

Attempts to allocate jurisprudence in an independent subject of training in Russia were undertaken since XVI century. Teaching «justice spiritual and wordly» in the Slavjano-Greek-Latin academy based in 1687 Was supposed. In 1715 to Peter I about establishment the Project has been submitted to Russia academies of a policy for advantage of the state offices »«. In 1703-1715 in Moscow there was a so-called Naryshkinsky school where along with other subjects were taught the ethics including elements of jurisprudence, and also a policy. According to «General regulations» 1720 the board of cadets (it is abolished in 1763) which should study practically jurisprudence at boards has been based. At establishment in 1725 of Academy of Sciences creation of chair of jurisprudence has been provided, in 1726-1765 at the academic university the jurisprudence was taught. In 1732 the Shljahetsky case in which program studying of theoretical jurisprudence  has been included has been opened.
At the Moscow university for the first time lectures on the right have been read in 1755, however regular lectures and employment at faculty of law have begun since 1764. They were read by the invited German professors. Since 1767 of employment the first Russian professors-lawyers — S.E.Desnitsky and I.A.Tretjakov conducted. The right was taught at all universities (in Kharkov, Kazan, Derpte, Petersburg, Kiev, Odessa, etc.), based in Russia in XVIII-XIX centuries. The jurisprudence as dominating discipline has been entered in legal Demidovsky lycée in Yaroslavl. In 1835 the jurisprudence school (for noblemen), also giving higher juridical education has been opened.







Ridiculous and ridiculous laws of America


If among the countries in which silly laws operate, have held competition a victory with considerable overweight would gain the USA. American “dumb laws” (“stupid laws”) as it is accepted to name them here, became for a long time already the talk of the town. Has reached that in the country operate about fifty organizations which struggle for cancellation of these laws.

In each staff and even a city of the USA necessarily there will be at least one law which health of legislators, its accepting will force to doubt the reader in mental. The most severe laws – in the State of Texas. Here, for example, it is forbidden to do more than three drinks of beer standing, and also to shoot on bisons from the second floor of hotels. The penalty, accordingly, 50 and 200 dollars. If in the hot Texas afternoon you want to walk along the street barefoot don't forget to come at first into municipality and to obtain the special permit for which it will be necessary to pay 5$, otherwise any policeman who has noticed you without footwear, will fine you on 40$. And some years ago under the pressure of governor George Bush-younger of that time in staff the law according to which the criminal is obliged to warn in writing a victim about a forthcoming crime not less than 24 hours prior to its fulfillment has been passed, and in the letter the preparing crime should be described in all details. Default of the given law threatens in the future with additional three years of prison.

In the State of Illinois to moustached men it is strictly forbidden to kiss the woman on public. Infringers of the law are expected by punishment in the form of the 20-sentry of socially useful work. And in the State of New York you are threatened still with the penalty at a rate of 25 dollars if in the street you are lost in contemplation of women.

The American laws are strict not only to men. In the State of Washington the woman sitting in a lap at the man in a train or the bus without presence of a pillow between their persons, automatically receives six months of prison. In the city of Sant-Kroiks (State of Wisconsin) on pain of three-monthly imprisonment it is forbidden to women to wear red clothes, in a place Takson (State of Arizona) representatives of the weaker sex can't go out of doors in trousers, and in Kentucky “any person of a female can't appear in a bathing suit on road … if it isn't accompanied by two policemen or not armed by a shovel”.

Legislators haven't ignored also matrimonial relations. In the city of Jasper (Alabama) the husband can't cane the wife which diameter is more a than thickness of its thumb. And here in Arkansas husbands are authorized to belabor wives a belt, the only stipulation – that they did it not more often an once in a month. The strange law operates to Logan Kaunti (Colorado) – here it is considered a criminal offense to kiss the woman while she sleeps. It is interesting, how it is planned to check observance of this law? After all if the woman complains of its infringement, she didn't sleep, and if she slept, as she has learned, what her spouse has broken the law?

The terrorist has brought an action against the minister of the Ministry of Internal Affairs


Paris – the Most known terrorist Ilich Ramires Sanchez in the world, more known as "Carlos", has put in the statement in which he asks to institute criminal proceedings the former French Minister of Internal Affairs Charles Paska (1986-1988 and 1993-1995гг in court.), the newspaper "Mond" informs. Carlos accuses the minister that that has ordered to steal it when it was in 1994г. In Sudan.

As Carlos's lawyer of madam Izabella Kutan-Pejr, Charles Paska «specifies in the statement has publicly declared that has given the order to steal Carlos when that was in Khartum» (capital of Sudan – Red.). As specifies адвокатесса, in combination being Carlos's wife, these «the confirmed facts» open «partnership of the minister in an organized criminal group, a consequence of that was illegal imprisonment» to which the terrorist has undergone.

The special court which competence includes disposal of legal proceeding concerning members of the government during execution of the duties by them, has confirmed that the complaint is received and now considered by the special commission which will define, whether this complaint is comprehensible and whether it is subject to consideration.

On October, 12th to Carlos who on a nationality is the Venezuelan, 62 years are executed. Now it is translated in the Parisian prison "Сантэ". From November, 7th till December, 16th in Paris will pass court on the charges shown to Carlos in the organization in France series of explosions in 1982 and in 1983гг., in which result were lost some persons.

The arrested person in 1994г. In Khartum agents of the French counterspionage the terrorist in 1997г. Has been sentenced to a life imprisonment for made by it in 1975г. Murder of 2 policemen and the informer.

During forthcoming process 50 claimants and 30 witnesses and experts will be heard. About Carlos's life, «the professional revolutionary», the French film director Olivier Assejja had been shot recently a film, which on the Cannes film festival in 2010г. Has been shown in the out-of-competition program. And in January of this year this film has received «the Gold globe» in the USA. Being in prison, marks "Mond", Carlos has scarified this film, having found in it «falsifications of historic facts».

The dress-code raises overall performance


As it is known, rules happen two kinds – what need to be carried out, and what need to be carried out actually. And so dress-code rules in legal firms are those rules which need to be carried out actually. Dress-code observance disciplines, raises a sense of responsibility and creates a spirit for effective work.

From history of the code of clothes

For work in legal firm conservative and traditional appearance which causes trust of clients is required and speaks about imposing appearance and competence of the employee.

The dress-code (English dress code – the clothes code) in business is a part of corporate culture of the firm, reflecting certain requirements to appearance of heads and employees according to the accepted ideology of activity and management style in the company.

The word combination "dress-code" has arisen in XIV century in England and already therefrom has extended in other countries. In the beginning of a XVIII-th century Peter I actually enters the European dress-code for the upper class of the Russian society. Gradually the dress-code turns to the whole philosophy intended for identification of an accessory to various social groups.

In the XX-th century the certain code of behavior of employees have accepted in many large European and American firms, sometimes taking for a basis corporate rules and regulations of the Asian companies. From the middle of 90th years of the XX-th century dress-code observance as component of corporate culture and accordingly a firm brand became actual and for the Russian business and first of all – for employees of banks, the legal, insurance and oil companies.

The corporate culture accepted at the central offices of the companies in Europe and the USA to be transferred without changes began often on the Russian branches and affiliated firms. «Office workers of Soviet period» well remember rigid disciplinary rules of that period. Now on change by it new rules – corporate have come. The majority of representations of international firms in Russia live under those corporate laws which operate at head offices, including a dress-code of employees. The Russian companies often borrow this corporate culture, without troubling itself its adaptation. What for to build the corporate culture if it is possible to use model another's created and worked to trifles.


So, what represents the clothes code in modern corporate culture of legal firms? In the majority of firms the severity of a dress-code depends on the head. In some companies of the requirement to clothes happen very rigid: all registers – a hairdress, a percentage parity of a material in suit fabrics, color of a jacket and a shirt, height of heels and socks, density of stockings and stockings. Somewhere rules have recommendatory character, and definitively corporate style of new employees is formed how heads and more skilled colleagues observe a dress-code.

As a whole in the Russian legal companies the arch facilitated in comparison with international firms is applied corrected, concerning clothes. But there are also features. Today the relation to a business fashion in Europe and in Russia a miscellaneous. In spoiled by brands and designers to Europe have already learned to appreciate quality and count money. And in Russia the more expensively the designer, the its clothes are more claimed. If in the West the dress-code is a relation to restrictions which demands the business world, in Russia it often subject for imitation, a way of occurrence in the closed society, attempt to ego-trip.


Dress-code in company CMS

The rules regulating appearance of employees, are stated in the separate document or join in Regulations. At the Moscow office CMS, one of the leading European legal firms, working in Russia with 1992г., requirements to a dress-code of employees are stated in one of articles of Regulations. According to these requirements from Monday till Thursday the official style in clothes which answers standards of representation and expectations of clients if other hasn't been in advance stipulated is necessary. On Friday style business casual is supposed.

At any time the clothes should be tidy and correspond to professional standards of representation. Standards are established as the basic management and religions of culture of each separate worker should be observed taking into account beliefs. Women should wear dresses or the combined toilet. Trousers can be standard length, skirts and dresses are admissible, except for miniskirts. Shirts, blouses, knitted top, elegant tops, and also shoes, boots, barefoot persons are supposed.

Men should carry a business jacket and a tie. On work following kinds of clothes are inadmissible: shorts, sports jackets, T-shirts, training trousers, bedroom-slippers, jeans clothes of any coloring, military trousers, headdresses (except for headdresses as religious attributes), subjects of clothes with inscriptions and large logos (the clothes from manufacturers with imperceptible logos are admissible), strongly shabby or decayed clothes, clothes with cuts or holes, and also the clothes opening a stomach and a back, with a fringe and tops on shoulder-straps. Ornaments shouldn't be causing, visible piercing isn't supposed, except for ear rings in ears. A single puncture in a nose we will admit, if it is caused by cultural or religious reasons. A hair color – within the limits of natural scale.

Experience of other Russian firms

Standard corporate rules of clothes for many other firms in Russia look as follows:

– To men – a suit and a tie. Color of a suit – dark blue, black and all shades gray. The shirt on some tones is more light a jacket. Large and causing drawings aren't supposed. A tie – monophonic or with a small pattern. The belt of trousers should be picked up in tone of footwear. Footwear – only leather shoes. From ornaments – only a wedding ring.

– To women – a business suit (a jacket or a jacket and trousers or a skirt). Color of a suit – dark blue, brown and all shades gray. The blouse without drawing on some tones is more light a jacket or a jacket. Deeply low-necked dresses aren't supposed. Footwear – only leather shoes with the closed heel. Stockings or stockings in density not less than 40 DEN are obligatory. Сеточка it is not supposed. A make-up easy, nails should be well-groomed. Total absence of a make-up and manicure isn't welcomed. Is simultaneously admissible to carry no more than three medium-sized ornaments.


Experience of other Russian firms

Standard corporate rules of clothes for many other firms in Russia look as follows:

– To men – a suit and a tie. Color of a suit – dark blue, black and all shades gray. The shirt on some tones is more light a jacket. Large and causing drawings aren't supposed. A tie – monophonic or with a small pattern. The belt of trousers should be picked up in tone of footwear. Footwear – only leather shoes. From ornaments – only a wedding ring.

– To women – a business suit (a jacket or a jacket and trousers or a skirt). Color of a suit – dark blue, brown and all shades gray. The blouse without drawing on some tones is more light a jacket or a jacket. Deeply low-necked dresses aren't supposed. Footwear – only leather shoes with the closed heel. Stockings or stockings in density not less than 40 DEN are obligatory. Сеточка it is not supposed. A make-up easy, nails should be well-groomed. Total absence of a make-up and manicure isn't welcomed. Is simultaneously admissible to carry no more than three medium-sized ornaments.

In the country of foggy Albion

As ancestors of a dress-code Englishmen consider, the trust of clients to firm directly depends on how its employees are dressed. The very first impression about the person develops practically at once at a sight at its appearance, and this impression then it is very difficult to change. The client within a minute solves, whether it is necessary to it to waste time both forces on dialogue and the subsequent cooperation. Thus how you have presented yourselves, outweighs that you speak. All is estimated – a clothes, personal care and a behavior manner. In an ideal harmony of an image is reached by a combination of observance of a dress-code, individual style and following to a fashion. So the succeeding lawyer should look, but for this purpose it is necessary to follow certain rules.

– Men: a business suit, a jacket with шлицей, two or three buttons from free wool, as a last resort no more than 20 % of synthetics. The fabric should be smooth, the vertical color thread is possible and strips on tone are more light primary color. A shirt with a long sleeve and a turn-down collar, 100 % a clap. Color of a shirt – it is pale or light blue, pink, white, the one-color strip is possible. Daily change of shirts. Ties of quiet colors, are more dark than a shirt. Long socks in color of footwear, a suit, without drawing. Black leather shoes with the closed lacing («оксфорды»), an open lacing ("Derby") and with an open lacing and punching («броги»). A short hairstyle. The shaved face skin. Accurately cut moustaches or a beard.

– Women: a business suit with trousers or a skirt to a knee. Color of a suit the constrained. Blouses of pastel tones (beige, cream, an ivory). Thin jumpers, knitted tops under a jacket. A belt in color of footwear. Footwear – closed, on a low heel. Manicure of quiet colors. Spirits of unsharp aromas. It is not welcomed both total absence of a make-up, and its excessiveness.