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Lawyers’ professional roles in the light of the good governance model

Mgr Mariola Żak

University of Warsaw


English abstract:
The aim of the present paper is to verify the thesis that the institutionalization of regulatory solutions promoted by the idea of good governance leads to a change in the way lawyers and their professional responsibility towards civil society are perceived. Considering the claims that the positivist paradigm of government is in crisis and the postulates of changing the legitimacy of the judiciary expressed in the governance concept, the way in which the social roles of lawyers are understood needs reinterpreting. In the first place, the role of concepts of governance and good governance in contemporary law is described. Then normative coordination models of collective actions by means of which the ideas of governance and good governance can be put into practice are characterized. Finally, the traditional professional roles of lawyers and their so-called accessory roles are presented. The considerations constitute a normative meta-analysis, referred to as meta-governance. The reflection is conducted according to the descriptive method. The article is a contribution to future research and an attempt to identify the major problems faced by lawyers in connection with the implementation of good governance.

Keywords: good governance, social steering, legal multicentrism, normative standard, lawyer’s professional roles, positive responsibility, professional competence

Language: Polish

Received: 06.06.2017
Accepted: 16.08.2017

Published: Number 1(16)/2018, pp. 103-120.

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Filed Under: Articles Tagged With: good governance, lawyer’s professional roles, legal multicentrism, Mariola Żak, normative standard, positive responsibility, professional competence, social steering

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Keywords

Krzysztof Goździalski intentionalism security service metaphysical realism WTO legislative history semantics External Uncertainty of Law juriscentrism sovereignty Feminist Jurisprudence professional responsibility of lawyers culture of justification institutional theory Carl Schmitt cognitive dissonance reduction is-ought problem cultural revolution judicial discretion legal community ethos Leon Festinger distributive justice Benjamin Constant institutions American legal realism principle of law interpretation ontologically creative constitutional protection Jakub Karczewski trial legal education Michael Moore Ofer Raban Karl Binding human person legal gap subjectivism administrative courts Tomasz Pietrzykowski public protection of truth intention legal conventionalism bioethics schools of legal thought constitutional pluralism dialogical utterance professional self-governments truth revelation procedures legal culture

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