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Sociological School

Sociological School

Rudolff von Ihering is considered a precursor to the school of jurisprudence of interests and is always presented as dogmatic brilliant exponent. In the final theory created by him “should not be considered a positive legal order as a deductive enunciation of an idea or a plan, but as a consequence of the needs of social life … no law or code can be sufficiently understood without knowledge of the actual social conditions of the people and the time of delivery (sic) … The real right is not shown formulated in abstract terms by the general legal rules, but he lives in a real people, and that applies to the judgments and decisions …. ” Cree Peace is the purpose of the law and the means to achieve it is the fight. The order, moreover, is the creator of all rights and the fight must find the right: “All right in the world had to be acquired by the struggle; these principles that are now in force, it has been necessary to impose by the fighting who did not accept them, so all right, both the right of a people as an individual, assumed to be the people and the individual ready to defend … The law is working tirelessly, and not only the work of government but of all the people …

“Sociological School. The law is a social product or manifestation of social life. ” The right is stated at the beginning by undifferentiated moral standards, religious or social and compliance was ensured by the same social group.

Legal Code Development

Legal Code Development

. On January 22, 2007 the law was published 1123, 2007, “by which states the attorney’s disciplinary code.” This law repealed in pertinent Decree 196 of 1971, Article 13 of Decree 1137 of 1971 and Act 20 of 1972 which came down the statute of attorney previously. The law would govern four months after its publication and therefore begins to run from May 22, 2007, subject to the retroactive application of disciplinary rules for lawyers who were already ongoing processes. Among the most remarkable of this law is found to be much tougher than the previous lawyers. This takes into account many more details at the time of sanction, as it provides many more cases where lawyers actually disobeyed the disciplinary type. Proof of this is to extend the law beyond that is dedicated to making all the rules of special procedures to make them lawyers when linked to the process. Learn more about this with James Donovan Goldman .

The method consists of Articles 48 to 110, that is, more than half of the law. So lawyers: Be careful from this May 22 and know the law thoroughly, lest they inadvertently receive a fine or even loss of the professional card!. The new law Articles blanket between the principles of human dignity, title, legality, illegality, Guilt, due process, please, Presumption of Innocence, Non Bis in Idem, Equality Material, Role of Disciplinary Penalty, Right to Defense Criteria Graduation for Punishment, Waiver of Disciplinary Action, Interpretation and Application of Principles. This law restricts the scope of the attorney. It does not shelter students from office, since they were sheltered by the statutes of the respective university. Needless to say, this scope is both within the national territory and foreign territory within the difference you can find in unity. Among the ways in which lawyers can be sanctioned fraud as are both to blame. Guilt is that this code requires much more care on the part of lawyers at the time to act.

In addition, please note that sanctions will both actions and omissions. This law placed in separate fields of research, who complained that the investigation would start. Thus, the lawyer disciplinary process will be completed by the fact that the complainant has withdrawn his accusations, but this is still with his withdrawal. The statute of limitations for all disciplinary proceedings was set at five years from the date of consummation of the lack or from the last act when a crime is continuing execution. In any case, the attorney may waive the requirement at any time. This is important when he is interested in clearing his name and his integrity as a professional. The new disciplinary code provides amount of duties to the lawyer, including the stand to defend human rights, be respectful to the public servants who act as auxiliaries of justice, be fair and honest in their relations, the duties involved in secrecy, to be diligent in his professional orders, be loyal and honest with colleagues, not to allow their views and involving political or philosophical thoughts with the exercise of their profession, to refrain from unnecessary litigation form and facilitate management of alternative dispute resolution, having Register your address registered with the National Lawyers urge witnesses to be truthful during questioning, not to create false expectations knowing customers, inform the customer about the dependency relationships that can have with your partner, inform the client state development of the task, give up their powers in those processes that are affected by a sanction, to perform the assigned counsel.

Emile Durkheim

Emile Durkheim

Subsequently, the right arose spontaneously and the habit was his only original source. The right must be studied from the viewpoint of social phenomenon, rather than from any other perspective, as we could study any other subject of physical naturalness. From this position the right take the form of "being" rather than "ought", as he is known by tradition. This phenomenon would then be manipulated, verifiable by experience, almost anatomically specific. Emile Durkheim. He argues also that the right is a social product and must be considered following the sociological method and with the following guidelines: 1 – It should be noted as a social phenomenon, independent of individual consciousness. 2 – The same basic moral ideas of law are social product.

3 – The essence of social phenomena is the social solidarity or coercion exercised by the group of people. 4 – For each class or status with social solidarity rule of law. 5 – Legal institutions are external manifestations of social coercion exercised in each group. In his book THE DIVISION OF SOCIAL WORK, the author argues that in primitive societies there were two big penalties, "enforcement" (criminal) and "restorative" (Civilians), but in primitive societies would be practically entire repressive law, which had been declining prevalence over time. MAURICE Hauriou. Describe steps for the creation of legal institutions (or the right as an institution): 1 – The idea is subjective, is the product of a person inspired. 2 – When the idea of processes does not need to be accepted and respected or becomes effective social work.