论文部分内容阅读
高级律师是苏格兰法律职业的中坚,相当于英格兰出庭律师,是通向法律职业顶层——法官和王室检察官的必经之路。它随着16世纪罗马法化的最高民事法院的设立而诞生,并由此逐渐形成与事务律师的分野,其准入强调学术资历,19世纪末由于英格兰的影响又设立王室律师这一资深高级律师阶层。因为高级律师的形成与继受罗马法密切相关,所以其:一是重视人文与学术,不仅对法学,而且对其他学术和整个社会文化均有巨大贡献;二是以大学为培养基地,反之也关心促进大学及其法律教育的发展。高级律师的职业地位近于英美法系,但思想观念同于大陆法系,具有混合的特点,结合两大法系优势的高级律师是苏格兰法律家代表。
Senior lawyers are the backbone of the Scottish legal profession, the equivalent of a lawyer in England, is the only way to the top legal career - the only way for judges and royal prosecutors. It was born with the establishment of the supreme civil court of Roman law in the 16th century. Gradually, it formed a division of affairs with lawyers. Its accession emphasized academic qualifications. At the end of the 19th century, a senior lawyer who established royal lawyer again by the influence of England Stratum. Because the formation of a senior lawyer is closely related to the Roman law, the first is that human rights and scholarship are valued first, not only for law but also for other academic and social cultures as a whole. Second, colleges should be bases for training and vice versa Concerned about promoting the development of universities and their legal education. Senior lawyers have a similar occupational status as Anglo-American legal systems, but their ideological concepts are mixed with that of civil law. The senior lawyers who combine the advantages of the two major legal systems are representatives of Scottish lawyers.