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On the Missing Discourse
Concerning Legal Professions
JUDr. Peter Čuroš, PhD.,
Institutt for Privatrett, Univeristetet i Oslo, Norway
Právny obzor, 103, 2020,
special issue, pp. 23-49.
Published online: 15.1.2021
Abstract. This paper
elaborates on the reasons behind the recently uncovered legal crisis in
Slovakia. I submit that the perceived crisis stems from a low level of
discipline within the legal professions, which itself results from the limited
discourse on the role of these professions in society. The concept of discipline
is explained through Michel Foucault’s analysis of changes in power structures.
The second part of the paper analyses types of professional regulation and
specifically explores whether codes of ethics and codes of conduct are
appropriate instruments for addressing the lack of discipline within these
professions and the low levels of public trust in legal practitioners. The third
part focuses on whether legal education should include the institutional
approach, which seems preferable to adding further regulations. An intensive
simulation course on professional ethics and the associated legal skills is
presented as a chance for experiential learning in the Slovak context.
Keywords: discipline,
legal profession, institution, legal education, code of ethics
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS