The Soviet Legal Profession

Barry, Donald D.; Berman, Harold J.

doi:10.2307/1339293

Cited by 18 publications

(7 citation statements)

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“…Their function was to plead for mercy, not to assert innocence. While some advokaty fought these informal norms, the majority understood that they should not be overly zealous in defending their clients (Barry and Berman ). This expectation of reticence was ratcheted up in cases with political implications.…”

Section: Implications Of the State–private Divide For The Russian Crimentioning

confidence: 99%

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

Hendley¹

2019

Law & Policy

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This article explores the mind‐set of Russian law students on the cusp of graduation. Drawing on a 2016 survey, the analysis finds that, despite having taken different paths to their degrees, the respondents share a confidence in the Russian courts that distinguishes them from Russians without legal education. Within the sample, a natural division is evident between those who plan to go into state service and those who plan to go into private practice. Aspiring state lawyers are more likely to support the policies of the Putin regime, even when they preference politics over the letter of the law. This strongly suggests that the tendency of judges and state lawyers within the criminal justice system to work as a team to ensure convictions is not solely the result of workplace incentives, as had previously been assumed, but is an element of a worldview that these lawyers share that predates their legal education. Aspiring private lawyers, by contrast, are consistently more skeptical of the state. To the extent that they are later coopted by the state, as studies of criminal defense lawyers suggest, such behavior would likely be the result of a desire to endear themselves to investigators and prosecutors in order to ensure further appointments to represent indigent clients.

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Section: Implications Of the State–private Divide For The Russian Crimentioning

confidence: 99%

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

Hendley¹

2019

Law & Policy

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“…The most notable difference between corruption and pollution vis-à-vis colonisation, is that the latter is linked to the majority of social relationships, collectives, and clusters of collectives in an institutional sphere adopting goals and decision-making processes, strategies and lines of action that are 'foreign' to the institutional sphere; the former two refer to individual cases where some individuals, collectives, or, rarer, clusters of collectives come to do things differently from the norm. In Berman's [1968] analysis of the former Soviet Union's legal profession, he demonstrates that justice and confl ict resolution-instead of being rooted in legal criteria and norms as one would expect in a relatively autonomous legal sphere [Luhmann 2004;Abrutyn 2009]-were totally colonised by the political spheres unique blend of power and loyalty [Huskey 1982].…”

Section: Inter-institutional Dynamicsmentioning

confidence: 99%

Money, Love, and Sacredness: Generalised Symbolic Media and the Production of Instrumental, Affectual, and Moral Reality

Abrutyn¹

2015

Czech Sociological Review

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A central and long-standing theoretical problem in sociology concerns how differentiated social units are integrated. This problem, however, has been peripheralised since the decline of functionalism, while legitimation and regulation/power-differentials have moved to the forefront. This article argues that by reconceptualising the concept, generalised symbolic media, a robust theory of integration can be posited that does not sacrifi ce the importance of regulation (control) or legitimation (meaning). This paper extends both the Simmelian and functionalist versions of media by: (1) precisely defi ning the concept; (2) examining its two forms-a specialised institutional language and an external referent of value; (3) elucidating the three modes of orientation various media impose; and (4) extending the function of media beyond (social) exchange to include other institutional processes such as communicative action, performance, and ritualised interaction. Ultimately, a reconceptualised theory of generalised symbolic media offers sociology a mechanism that simultaneously highlights the diversity found across institutional spheres, as well as the limits humans have in dealing with the problems posed by differentiation.

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“…Only at the end of the first Soviet decade, when the »New Economic Policy« was abandoned and massive collectivization and industrialization campaigns started to fundamentally transform the predominantly rural society, were more radical changes in the regulation of the Soviet legal profession introduced. 49 In the 1930s, the institutional foundations of the »socialist advokatura« were created. The result of this process was the 1939 Statute on the Bar of the USSR which provided for regional »colleges of attorneys-at-law« (kollegii advokatov) as formally »voluntary« associations of practicing lawyers.…”

Section: The Genesis Of the »Socialist Advokatura« In The Ussrmentioning

confidence: 99%

“…It requires further detailed research. 54 Barry/Berman (1968) 14; Lazareva-Patskaia (2011) 125-128. 55 Lazareva-Patskaia (2011) 132-133. sia) for about half a year under the supervision of an experienced attorney-at-law (called »patron«) before they could become a full-fledged member of a »college« and started to practice independently in a »legal consultation office«.…”

Section: The Genesis Of the »Socialist Advokatura« In The Ussrmentioning

confidence: 99%

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Self-Regulation of Legal Professions in State-Socialism

Mrowczynski¹

2012

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The paper analyzes how the self-regulatory institutions of two legal professions-attorneys-atlaw and in-house lawyers-developed in Poland and Russia from the second half of the 19th century until the collapse of state socialism at the beginning of the 1990s. These two countries constitute the most contrasting cases of socialist transformation in the region in terms of legal traditions and of the broader socio-political context. To adequately grasp the case differences it is necessary to include the formative period of the modern legal profession in the region. The comparative analysis uses the conceptual framework of the sociology of professions. It shows that (1) attorneys-at-law were able to preserve a certain degree of collective autonomy and self-regulation during most of the time; (2) institutional path dependencies reaching back into the pre-socialist past determine the degree of autonomy and self-regulation; (3) the discrepancy between both countries is particularly pronounced in the case of the occupational group of in-house lawyers; (4) the state-socialist regimes were, therefore, not as unifying and homogenizing as it is sometimes assumed.

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The Soviet Legal Profession

Cited by 18 publications

References 0 publications

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

Money, Love, and Sacredness: Generalised Symbolic Media and the Production of Instrumental, Affectual, and Moral Reality

Self-Regulation of Legal Professions in State-Socialism

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