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English Barristers Of Elitist Model

Posted on:2013-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y NieFull Text:PDF
GTID:2256330395988461Subject:Legal history
Abstract/Summary:PDF Full Text Request
Through more than two thousand of years’ development, English law has formed manyunique judicial systems, such as the devided lawyer system. Recently, part of solicitor andbanister has integrated. However, barristers’ elite character and their position in Englishjudiciary will not easily make themselves fade into history. This paper focusing on thebarristers’ elite character, will give a comprehensive analysis of English barirsters. This articlebegins with the basic summary of English lawyer system. Then,it will descirbe the factorsthat why barirsters came into being, the ed’ucation theyve received, their professionalcharacteristics and privilege, their relationship with judge, the upper class and the PirmeMinister In the end, I will give a detailed analysis how the elite judiciaiy influenced theEnglish law developmentExcept the introduction,this atricle is devided into five parts:The introduction descirbes the theoretic significance of the topic, the practical value andthe collection of the data. Then,it presents the study status of English barristers and make abrief overview.The last part of introduction includes the train of thought, the researchmethod,the difficulties encountered in writing,the research priorities and innovations of thispaper.The ifrst part of the main text is about the origin of English barirsters..At ifrst,it gives abiref introduction of the oirgin and development of English lawyer system. Then it explainswhy barristers came into being. The traditional factors include the ancient Greek tradition of"eloquence" and Germanic law paying attention to the form of law.What’s more.the modernlawsuit procedure stresses the debate skills and independent debate.The second part is the elitist education English barirsters received. Barristers’ lotfy statusand elite character is largely from the aristocratic elite education they’ve received. Thissection firstly discusses the legal education barristers received in Middle Age and in moderntimes.Then it gives a detailed description of today’s legal education including legal theorylearning,practical operation of legal profession,legal affairs attachment and the continuingprofessional training.The third part describ’es the barirsters professio’nal characteristics. Barristers elite is notonly relfected in the elitist education, but also includes their professional pirvilege. The independent debate, the professional integrity and ethics show that barristers are not only toachieve justice but also to supervise the judiciary process. Separate professional practicemakes barirsters more conservative. Objective and neutral submission and the oral tiralproceeding in the Court of Appeal create a birlliant empirical English justice.Barirsters’ highdegree of cohesion strengthens the stability of this social elite groups.The fourth part describes the English barristers’ relationship with the upper class ofEngland. This section discusses the professional relationship between barristers and judges,between barirsters and the upper class of judiciary,between barristers and the Pirme Minister.Part V detailedly descirbes the elite judiciary、impact on the development of Englishlaw.The elite judiciary promotes the English legal education development and maintains theindependent characteirstic and the unique tradition of the common law.The ending part gives a biref summary of this paper.
Keywords/Search Tags:barrister, elite, the rule of law
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