Professional Lawyers Research Articles

Pendidikan Khusus Profesi Advokat Dewan Pimpinan Nasional Persatuan Advokat Indonesia Dan Profesi Advokat Berdasarkan Pasal 3 Ayat (1) Huruf F Undang - Undang Republik Indonesia Nomor 18 Tahun 2003 Tentang Advokat

Special Education for the Advocate Profession (PKPA) is a mandate from Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates. Special Education for the Advocate Profession is a form of education that must be followed by someone with a bachelor's degree with a higher legal education background. Special Education for the Advocate Profession (PKPA) has relevance to the Law of the Republic of Indonesia Number 20 of 2003 concerning the National Education System (SISDIKNAS) which states that the types of education consist of general, vocational, professional, vocational, religious and special education. This Community Service activity aims to produce professional lawyers who are reliable, independent and responsible so that they are able to appear as enforcers of justice in administering justice honestly and in accordance with legal objectives, namely, legal justice, legal benefits and legal certainty for all by enforcing equality at the forefront. before the law. This activity was attended by 30 (thirty) prospective advocate participants which was held on October 14 2023 at Tangerang Raya Tiga Raksa University, Tangerang Regency. The method used by Service Learning (SL) is intended to integrate learning into the Special Education for the Advocate Profession (PKPA) or the partnership of the National Leadership Council of the Indonesian Advocates Association (DPN PERSADIN) with the Faculty of Law, University of Greater Tangerang (UNTARA). Apart from that, the Participatory Action Research (PAR) approach is oriented towards empowering participants in Special Education for the Advocate Profession (PKPA). This is due to the need and resolution of legal problems in society. Higher education officials must place society as the main actor in development and change. The result of this activity is to give birth to the profession of advocates and provide an understanding that Advocates are a profession that is noble, free, independent and responsible in upholding the law, and that the activities of this profession are guaranteed and protected by law for the sake of implementing the Rule of Law.

Postawy aplikantów radcowskich Okręgowej Izby Radców Prawnych w Lublinie wobec mediacji i mediacji online

The phenomenon of popularisation of alternative methods of conflict resolution is widespread in Poland, both at the state and self-government levels. Combining the interdisciplinary achievements of practice and doctrine, numerous projects and programmes are being developed to encourage parties and professional lawyers to use mediation in the process of dispute resolution. However, on the basis of statistical data showing the use of judicial mediation in cases where it could have been used at a level of 1.6%, it should be concluded that there is still a long way to go before mediation becomes a ‘fully-fledged’ method of conflict resolution, constituting a viable alternative to the traditional adjudicative method of dispute resolution. The purpose of the article is to present the results of empirical research conducted by the authors within the framework of scientific activities related to the implementation of the assumptions of the Academic Mediation Centre operating at the Institute of Legal Sciences of Maria Curie-Skłodowska University (Lublin). The article consists of three parts. The first one presents the subject, scope and objectives of the research, as well as the research hypotheses and methodological details. The second part presents the results of the empirical research conducted and the partial conclusions. The last part is a summary of the conclusions of the research carried out.

Unhygienic Environment to Children with Incarcerated Mothers in Selected Jails of Khyber Pakhtunkhwa, Pakistan

This qualitative study was adopted with the major aim to explore the jail environment confronting the children with incarcerated mothers in selected jails of the province of Khyber Pakhtunkhwa, Pakistan including Peshawar, Timergara, Bannu and Mansehra. Primary data was collected from all 15 incarcerated mothers through in-depth interview. Moreover, five each professional lawyers, members of the jail-staff, representatives of the Child Protection Commission, and eight children with jailed mothers who were able to respond to questions, two female psychologists, two jail-based physicians, and four school teachers assigned to teach the children in jails were also interviewed. Results reflect the Jail environment as perilous for incarcerated mothers and their children. They faced humiliating treatment besides being provided with contaminated water and unhygienic foodstuff, non-availability of basic hygienic facilities, the faulty ventilation in the washrooms causing foul smell in the residential hall even entire cells. Cockroaches, rats, insects, bedbugs, centipedes, and irregular arrangement of disinfecting the toilets and residential places coupled their inconveniences. The study recommends evolving an effective policy and its onward implementation in true spirit by the Government of Pakistan to provide good quality services with main focus on drinking water, adequate sanitation facilities, and trained medical and professional physicians.

Features of the functioning of jury courts in the public administration system in Ukraine

The purpose of the article is to examine the jury court as a body of public administration.
 The legal status of the jury trial in the system of public administration in Ukraine is considered. An analysis of the possibility of interpreting the jury court as a public organization was carried out and it was substantiated that the jury does not fall under the status of a public organization. It has been established that the administration of justice in Ukraine is the function of only state bodies to which the jury belongs, as it is part of the judicial system of Ukraine.
 The jury court as a body of state judicial power was considered. It has been proven that the jury has a number of specific features that distinguish state bodies from non-state bodies, in particular, it has been established that the difference between the jury and other bodies of state power is that it does not have a certain permanent composition, and the jury is formed once on the basis of a complex selection mechanism for consideration of a specific case.
 It is justified that the jury court is an institution that controls the distribution of power prerogatives between the branches of power: executive, legislative and judicial. The jury, as the most democratic judicial body, in this case performs a control function, preventing the interference of legislative and executive bodies in the administration of justice, which is not provided for by law.
 The authors conclude that, in carrying out its activities, the jury closely interacts with other bodies of state power: with law enforcement agencies and the prosecutor’s office as bodies that perform the function of the prosecutor’s office, with local self-government bodies as bodies that provide voter lists, with other bodies of judicial power , which control the activity of the jury court.
 It was determined that the jury acts in accordance with the principles of the organization and operation of the state apparatus, which include: legality and constitutionality, the principle of professionalism (regarding professional lawyers) and ethics of civil servants, the optimal structure and functioning of the state body, its effectiveness. These and other principles are reflected in the legal acts regulating the activity of the jury court.

Identifying and Measuring the Importance of the Lawyer’s Personal Brand Elements – A Quantitative Research

Abstract Personal branding represents a very important issue in assessing the value created in any activity. Some jobs can’t exist anymore without personal branding. More than that, some existing professional categories have to adapt these days, by adopting personal branding strategies, even though in the past it was no need for that. This article focuses on such a professional category – the lawyers. By conducting a quantitative research among professional lawyers, the authors tried to identify the main aspects that compose the personal brand in this liberal profession, and, also, to measure the importance of these aspects. By bringing into discussion the specific aspects of creating and maintaining the lawyer personal brand, the article brings not only a theoretical contribution, but, also, a practical one, as it represents a valid opinion that might be used by academia or other lawyers. The research aimed to answer the following questions: What are the main issues that define the lawyers personal brand?; What is the importance of each component of personal branding in the law services?; What are the most important elements when choosing a lawyer? The research findings revealed a series of interesting conclusions – most of the lawyers are not preoccupied by their image and other elements defining their personal brand, but the reputation and experience are very appreciated by the when choosing a lawyer.

Взаимодействие со СМИ как важная составляющая профессиональной коммуникации юриста

The negative consequences of the legal sphere mediatization are considered. Concrete examples demonstrate the mistakes that journalists make when covering the legal professionals’ activities, including forensic experts, in the mass media, as well as the bias of reviewers while estimating forensic linguistic expertise. As one of the possible ways to overcome these problems, it is proposed to pay attention to the interaction of professional lawyers with journalists, as well as to use PR technologies with the involvement of IT tools in the study of media materials.

Психологические приемы в арсенале дореволюционной российской адвокатуры

<p style="text-align: justify;">The problem of the use of psychological methods of influencing professional judges and juries by professional lawyers, and especially by lawyers, is relevant and often becomes the subject of scientific and public discussion. At the same time, the history of the appeal of domestic legal practitioners to psychological methods of strengthening their position seems to be insufficiently studied. The purpose of the article is to study the psychological techniques used by pre-revolutionary lawyers. It is shown that, in addition to legal argumentation, jurors effectively used appeals to the humanism of jurors, their patriotism, religious feelings, the urge to empathy, playing on the legal nihilism of society, the latter’s opposition to the state mechanism of autocratic Russia.</p>

Normativity and Ontology of Law in Early Greek Philosophy

The paper is devoted to the issues of the emergence of European science and philosophy, founded by the ancient Greeks. In the period known as the First Enlightenment, there was, on the one hand, a gradual departure from the mythological explanations of the reality, and, on the other, the construction of a new way of looking at the world, known as the study of nature. The inquiries of the ancient Greeks had an ontological dimension; they consisted in searching for the arche of the world and they were looking for the ultimate structure of reality, and, what is important, the human being was situated in these studies as an integral, but not the most important part of the Cosmos, subject to its laws. Presocratics did not put the human being above nature, because they did not strictly distinguish between the laws of nature and the laws of community. This was one of the reasons why the science of law did not arise at that time. Besides, the Greeks never reduced their right to the system, because too often gods or demos ‘interfered’ with the laws of the polis. It was a typical example of “law without jurisprudence”, because it was flexible and had vaguely formulated rules and institutions. Another significant factor here was the lack of the trained group of professional lawyers. This period ended with the advent of Socrates’ philosophy. Up to his time, philosophy had studied numbers and movements, and had dealt with the question of where all things have their origin and where they disappear; it also had observed the stars, the distances between them, their circuits, as well as had studied phenomena which appear in the sky. The early sages believed that they could gain knowledge by conducting research into natural phenomena themselves. Socrates rejected the ontology and study of nature initiated by the Milesians and other early Greek thinkers in favour of searching for the meaning of words and concepts found in the Athenian polis language. He believed that finding the meaning of words translated into revealing the reality which could not be reached otherwise.

Концепт «res publica» и его рецепция в византийском праве: транслитерации

The problem of reception of the concept “res publica” is complex and multifaceted. It has been thoroughly studied in relation to the period of the Middle Ages. The task of the author is to demonstrate, that the possibilities of applying the information approach to the field of cognitive surveying to reveal the content of receptions and LatinGreek transliterations of the concept “res publica” with the help of the Expert System “Byzantine Law and Acts”. The comparisons of Greek translations and compilations with their Latin prototypes of Byzantine law prove: their compilations did not necessarily follow their prototypes in conveying the notion of “res publica”. It, as a rule, was replaced by other Greek concepts and word-combinations. For them, as well as their Latin prototypes, a certain semantic ambiguity is evident. Accordingly, the mediaeval Byzantine jurists felt the need to use the direct reception of the Latin concept “res publica”, in particular “rei publicae causa”. It served as the subject of attention and professional lawyers used this concept to interpret and explain the content of the sources of medieval Byzantine law. Noticeable discrepancies in the recording forms of the identified receptions and Greek transliterations of the concept “res publica” are probably due to individual characteristics of Medieval Byzantine lawyers and their professional qualifications. The direct borrowings of the concept “res publica causa” or its transliterations, revealed in medieval Byzantine law monuments, were purely terminological in most cases. It, if it is admissible, may be considered as a kind of cultural phenomenon.

The Letters and the Law: Legal and Literary Culture in Late Imperial Russia by Anna Schur (review)

Reviewed by: The Letters and the Law: Legal and Literary Culture in Late Imperial Russiaby Anna Schur Muireann Maguire Schur, Anna. The Letters and the Law: Legal and Literary Culture in Late Imperial Russia. Studies in Russian Literature and Theory. Northwestern University Press, Evanston, IL, 2022. xii + 224 pp. Notes. Selected bibliography. Index. $120.00; $39.95. W hentwo minor characters in Shakespeare's Henry VI(Part II) famously agree to 'kill all the lawyers', the specific source of their ire is lawyers' ability to alter lives by writing down words: namely, the fact that 'parchment, being scribbl'd o'er, should undo a man' (Act IV, Scene II). Anna Schur's meticulously researched and subtly argued monograph does not, thankfully, endorse genocide of the legal profession. Instead, she explores, in the context of nineteenth-century Russia, the resentful perception of lawyers as pseudo-authors, whose powers of invention, imagination and rhetoric, freely exercised in the courtroom, allowed them to rewrite — and sometimes to undo — the lives of ordinary men and women. Schur's title, The Letters and the Law, introduces these two conflicting perspectives: that of writers, whose enduring post-Pushkinian status as their nation's conscience endowed them with quasi-legal, and certainly with moral, authority; and that of the newly formed body of professional lawyers, particularly defence attorneys, practising after court reform supposedly modernized the Russian judiciary in 1864. While we learn about individuals on both sides of the debate, Schur's focus remains on particular celebrity lawyers and the literary reactions they provoked from leading authors, during a time-frame bracketed by the 1864 reform and the 1905 Revolution. Within this timeframe, she revisits some of the remarkable epithets inveighed against the legal profession, all adopted and recycled by its critics, ranging from journalistic invective to literary caricatures. They included 'adulterers of thought' (a phrase Dostoevskii borrowed from another source for use in The Brothers Karamazov), the 'attorney-spider' and ' premier amoureux' (both coined by Saltykov-Shchedrin, referring [End Page 155]respectively to the unscrupulousness and ingenuous eloquence he attributed to different types of lawyer), and lirstvo(or 'lyre-playing' — Dostoevskii, again, inveighing against empty eloquence). All this obloquy contributed to the widespread public perception of all lawyers (but especially defence lawyers) as greedy, hypocritical and ignorant — a calumny often combined with antisemitic vilification. Ironically, as Schur shows, newly qualified advocates often modelled their own reputations on those of acclaimed authors, either by actually publishing literature or simply by attempting to accrue, through psychological insight, ethical excellence, or rhetorical brilliance, the magic dust of Russian writers' moral prestige. Other scholars have recently studied other aspects of legal-literary relations in nineteenth-century Russia — notably Harriet Murav ( Russia's Legal Fictions, Ann Arbor, MI, 1998), Gary Rosenshield ( Western Law, Russian Justice: Dostoevsky, The Jury Trial, and The Law, Madison, WI, 2005), and most recently Claire Whitehead's study of nineteenth-century Russian lawyers who also penned genre fiction, The Poetics of Early Russian Crime Fiction 1860–1917: Deciphering Stories of Detection(Cambridge, 2018). Shur's work is informed by all of the above, in addition to extensive study of Russian legal history. The Letters and the Law's original contribution is to show how the legal profession was conceptualizedin late nineteenth-century Russia. Chapter one surveys lawyers' experimental self-fashioning as moral and literary arbiters, drawing on contemporary speeches, memoirs and publications; some advocates were honoured with election to the Academy of Sciences (like Tolstoi's friend, the judge A. F. Koni, who also takes credit for sharing the anecdote that inspired the former's novel, Resurrection). Chapter two re-examines how the celebrated defence lawyer, and accomplished literary scholar, Vladimir Spasovich, won the lurid 1876 Kronenberg child abuse case in favour of the accused (rather like a negative of Atticus Finch). Schur evaluates successive polemics against both Spasovich's ethics and his eloquence, mounted by Dostoevskii, Saltykov-Shchedrin and Vladimir Rozanov, all pillorying the so-called 'Polish lawyer' (p. 58) for the very skills that won the case, and (in Rozanov's 1897 attack) for his implied claim to reputational parity with writers. Chapter three studies the negative clichés accreting around lawyers...

Концепт «res publica» и его рецепция в византийском праве: транслитерации

The problem of reception of the concept “res publica” is complex and multifaceted. It has been thoroughly studied in relation to the period of the Middle Ages. The task of the author is to demonstrate, that the possibilities of applying the information approach in the field of cognitive surveying to reveal the content of receptions and Latin-Greek transliterations of the concept “res publica” with the help of the Expert System “Byzantine Law and Acts”. The comparisons of Greek translations and compilations with their Latin prototypes of Byzantine law prove: their compilations did not necessarily follow their prototypes in conveying the notion of “res publica”. It, as a rule, was replaced by other Greek concepts and word-combinations. For them, as well as their Latin prototypes, a certain semantic ambiguity is evident. Accordingly, the medieval Byzantine jurists felt the need to use the direct reception of the Latin concept “res publica”, in particular “rei publicae causa”. It served as the subject of attention and professional lawyers used this concept to interpret and explain the content of the sources of medieval Byzantine law. Noticeable discrepancies in the recording forms of the identified receptions and Greek transliterations of the concept “res publica” are probably due to individual characteristics of Medieval Byzantine lawyers and their professional qualifications. The direct borrowings of the concept “res publica causa” or its transliterations, revealed in medieval Byzantine law monuments, were purely terminological in most cases. It, if it is admissible, may be considered as a kind of cultural phenomenon. The article includes the parts: Introduction, The Receptions and Transliterations, Theophili Antecessoris “Paraphrasis Institutionum”, “Librorum Basilicorum LX”, Scholia in “Librorum Basilicorum LX”, Other Compilations, Conclusions, as well as too additions: Appendix 1. Direct Receptions and Transliterations of the Concept “Res Publica” and Terminology Ascending to It and Appendix 2. Distribution of Receptions and Transliterations of the Concept “Rei Publicae causa”.

Peculiarities of a Polygraph Examiner’s Report in a Criminal Case in Russia and the United States

From a legal standpoint, the pr ocess of investigating crimes and the order of proceedings in a criminal case differ in different countries. However, there are points of convergence where the differences in legal systems are not so important. In the modern world, Latin proverb Jura novit curia postulates that judges cannot and should not have knowledge from other sciences. Therefore, lawyers of all countries use the help of persons with special (non-legal) knowledge. In Russia, only an investigator or a judge can appoint an expert examination to obtain an expert opinion. An accused and defense attorneys (mostly professional lawyers) can get an expert opinion. The procedural statuses of a specialist and an expert under the Russian procedural law do not coincide. However, the reports they provide are formally equivalent and they both can be used as evidence in a legal case. Having no special knowledge, the judge evaluates the conclusions made by the specialist and the expert. The judge can regard one conclusion as a proof, can accept or reject them. The specialist and the expert are obliged to make conclusions based on the results of the study within their competence. Polygraph examiners in the United States and Russia address this issue in different ways due to different approaches to the development of theoretical and applied areas of scientific research.

Legal culture as a factor in the eff ectiveness of legislative activity

Introduction. Today’s changes in economic relations, political and social spheres of Ukrainian society require radical changes in the legal superstructure, in particular, a signifi cant update of legislation and ensuring the humanistic direction of its implementation. The aim of the article. To fi nd out the current state and problems of development of legal culture as a factor in the eff ectiveness of legislative activity, taking into account certain aspects of it to highlight them in this article. Results. The law is able to nurture legal ideas, promote the emergence of new, more progressive approaches to solving problems of legal regulation; by-laws are adopted on the basis of the law, legal institutions are formed, which testify to the level of legal culture; with the help of laws and bylaws based on them, a system of actions and attitudes that meet the minimum standards of culture is approved; the law creates or consolidates those institutions (bodies) that are able to form a legal culture. It is argued that laws must be truly just, legitimate, express the true interests and will of the people, society, and be perceived by citizens as «their own» and not «foreign», imposed from above as abstract prescriptions. It is then that laws and other regulations will be enforced «not out of fear but out of conscience», to inspire trust, respect and the need to follow them. Thus, the law becomes formal, ineff ective, so the individual does not recognize its value, and therefore ignores it. It is established that the need for steady growth and achieving a high level of legal culture of every citizen, every offi cial, every civil servant and, especially, professional lawyers, who have the main work on lawmaking and law enforcement. In the professional legal culture a special place belongs to the legal culture of lawmakers, because the level of their professional training, legal culture depends on the quality ofaws, timely and correct amendments to existing legislation in order to improve it. Conclusions. It is the development of legal science and culture of members of society that should create a mechanism for implementing state and legal reform, which would provide Ukraine with the rule of law necessary for normal life, then it would be leading and obvious what and how to change to improve it, not constant destruction. Key words: legislation, effi ciency, legislative activity, regulation of public relations, legal culture.

Legal knowledge in the system of higher education of non-legal specialties

The article is devoted to the place and role of legal knowledge in the system of higher education of non-legal specialties. The erroneous belief that legal knowledge is needed only to professional lawyers has been disproved. Given the needs of the rule of law in Ukraine, this knowledge is both valuable and necessary to all citizens. Knowledge of law has special importance for people with higher (including non-legal) education since they are aimed at building Ukrainian statehood – its politics, economy, industry, education, culture and others. Therefore, the study of legal disciplines in higher education institutions is of extreme importance.
 The interrelation between the concepts of legal education and juridical education is analysed. Juridical education is characterized as professional training of future judges, prosecutors, lawyers and other legislators. On the other hand, legal education is the acquisition of knowledge about state and legal phenomena by all members of society. The legal framework for legal education, its advantages and disadvantages are studied. The need for legal skills and competencies in accordance with the approved standards of higher education in non-legal specialties is identified. The necessity to develop and adopt a particular law on legal education of the Ukraine’s population is emphasized. The gradation of the capacity of legal knowledge depending on the peculiarities of a concrete non-legal specialty of higher education is offered.
 The experience of the Department of Ukraine’s Law Fundamentals, Faculty of Law, Ivan Franko National University of Lviv in teaching law disciplines at non-legal faculties is summarized. Didactic methods in this direction should consist of accessible and concise but, at the same time, complete and informative provision of legal knowledge, training of skills and abilities, their mastering and testing. Accordingly, there is a need to develop and publish separate textbooks, manuals, workshops, work programs and other materials on law issues for students of non-legal specialties. The expediency of functioning in the structure of the classical university of a specialized unit (department), which provides legal knowledge to students of non-legal specialties, is substantiated.

Репрезентация экспертного знания в дискурсивных практиках судьи

A jury trial involves both legal professionals and laymen without legal training and knowledge. This heterogeneity of participants indicates the asymmetric relationships in the courtroom. Since jurors play a crucial role in the trial, it is extremely important for them not to experience difficulties in understanding and interpreting the discursive practices of lawyers. The paper studies the discursive strategies and linguistic means of expert knowledge representation in the institutional genre of “judicial instructions.” Although regularly used to overcome knowledge asymmetry in the process of communication between professional lawyers and jurors, explanatory strategies in the Russian-language judicial instructions have not previously been the object of linguistic analysis. The hypothesis has been put forward stating that explanatory strategies help to overcome difficulties in understanding and interpreting legal texts by non-professional participants. The analysis of the corpus has shown that Russian judges use the following explanatory strategies to overcome cognitive and communicative problems amid the knowledge asymmetry: 1) definition, i.e., explication of the meaning of a term by indicating its distinctive features; 2) description, i.e., a narrative transfer of expert knowledge by establishing its connection with everyday knowledge; 3) exemplification, i.e., an appeal to the everyday experience by correlating legal categories with specific objects or events of everyday life; 4) metaphorization, i.e., interaction between two objects or phenomena based on their subject, feature, or functional similarities resulting in legal categories approaching the everyday experience; 5) synonymization, i.e., replacement of abstract legal concepts with everyday lexical units that have similar meanings.

Adaptação cultural e validação do módulo Strategies to end seclusion restraint do ToolKit QualityRights

Objective to adapt to the Brazilian culture and validate the module “Strategies to end seclusion restraint” of the QualityRights toolkit of the World Health Organization on mental disorders to train health professionals in Brazil.Method it is a methodological study divided into three stages. The modules were translated from the original language (English) to the target language (Brazilian Portuguese) in the first stage. In the second, the translation was assessed by a committee of judges with seven experts. In the third stage, the assessment was conducted by mental health professionals (nurses, psychologists, and lawyers), in which seven mental health professionals participated. They assessed the material using the Suitability Assessment of Materials instrument.Resultsin the assessment conducted by the experts (n=7), 8 items assessed obtained 100% approval and the other 6 items obtained lower approvals, with a total approval of 92%. Regarding the assessment by health professionals (n=7), 2 items had a maximum approval of 100% and the other had the approval of 86% each, with a total approval of 88%.Conclusionbased on the results, it is considered that this module is adapted to the Brazilian culture and can be used to train Brazilian health professionals.

VICTIM BLAIMING AS A SOCIAL PROBLEM

The article characterizes victim blaming as a social phenomenon and a social problem. Victimblaming is an act of devaluation that occurs when the victim of a crime is liable – in whole or in part – for the crime committed against him/her. This guilt can manifest itself in the form of a negative social reaction from professionals (lawyers, doctors, social workers, psychologists), the media, relatives, acquaintances. The evolution of victim blaming research in different branches of science is traced. The main causes of victim blaming are characterized (patriarchal customs, tolerance of certain types of violence, belief in a fair world, imperfection of the justice system, attribution errors, invulnerability theory, formed social stereotypes about the image of the victim). The main definitions that correlate with victim blaming are characterized. It is noted that victim blaming can occur in all spheres of public life and take the form of domestic, unconscious, or mass and purposeful behavior. Victimblaming as a form of violence can take various forms – both psychological and physical, although usually victims of crime are subjected to psychological pressure in the form of humiliation, insult or devaluation. Gender is a social characteristic that increases the risk of being accused, so several categories of female victims are most often victimized: rape victims, victims of sexual harassment, and sex workers. The social consequences of victimization are outlined for victims who are less likely to report future violence in an attempt to avoid secondary victimization due to a lack of social support and social empathy. It is noted that victim blaming as a social problem causes a whole range of social problems: it destroys the security atmosphere, contributes to the normalization of violence in the mass consciousness and complicates the process of providing social and psychological assistance to its victims.

Parents think—incorrectly—that teaching their children that the world is a bad place is likely best for them

ABSTRACT Primal world beliefs (‘primals’) are beliefs about the world’s basic character, such as the world is dangerous. This article investigates probabilistic assumptions about the value of negative primals (e.g., seeing the world as dangerous keeps me safe). We first show such assumptions are common. For example, among 185 parents, 53% preferred dangerous world beliefs for their children. We then searched for evidence consistent with these intuitions in 3 national samples and 3 local samples of undergraduates, immigrants (African and Korean), and professionals (car salespeople, lawyers, and cops;), examining correlations between primals and eight life outcomes within 48 occupations (total N=4,535) . As predicted, regardless of occupation, more negative primals were almost never associated with better outcomes. Instead, they predicted less success, less job and life satisfaction, worse health, dramatically less flourishing, more negative emotion, more depression, and increased suicide attempts. We discuss why assumptions about the value of negative primals are nevertheless widespread and implications for future research.

Development of English Legal Positivism from Bentham to Salmond and Brown: Leading Ideas in the Context of the Common Law Tradition

This article examines the peculiarities of the evolution of English legal positivism, which was the only direction of understanding law formed by professional lawyers, expressing the specifics of their legal consciousness, focused on understanding positive law and the practice of its implementation. The authors examine the key concepts that define the historical trajectory and problem field of legal positivism in the Anglo-American tradition, analyzing the legal teachings of T. Hobbes, D. Hume, J. Bentham, J. Austin, M. Hale, W. Blackstone, J. W. Salmond and W. J. Brown. The attention is drawn to the fact that Salmond lays down objections to the concept of law as a rule of the state and considers its main shortcomings. In his work “Jurisprudence or the Theory of Law”, Salmond presents the flaws and omissions of the “imperative theory of law”, among the proponents of which he names T. Hobbes, S. von Pufendorf, J. Bentham and J. Austin. Brown believes that the essence of law can be expressed by a set of three concepts: “will”, “command” and “reason”, and the just conception of law implies recognition of the elements of unity, growth and growth that is consciously directed towards the realization and achievement of the goal.

INSTITUTE OF COMPULSORY INSURANCE OF PROFESSIONAL LIABILITY OF LAWYERS IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN: COMPARATIVE LEGAL ANALYSIS

The article is devoted to the problems of introduction of the institute of compulsory insurance ofprofessional liability of lawyers in the Russian Federation and the Republic of Kazakhstan. The authoranalyzes the current legislation of the two states, in terms of mandatory insurance of professional liabilityof lawyers, identifies current problems in this area, justifies ways to solve them. The article has a certainscientific and practical value, since it analyzes the experience of the establishment of the institute ofcompulsory insurance of professional liability of lawyers in Russia and the Republic of Kazakhstan, whichwill improve the legislative and law enforcement practice of both states.