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.