Contents
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2.1 European Traditions 2.1 European Traditions
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2.1.1 Historical Background 2.1.1 Historical Background
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2.1.2 France 2.1.2 France
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2.1.2.1 Historical Development 2.1.2.1 Historical Development
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2.1.2.2 Ethical Standards 2.1.2.2 Ethical Standards
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2.1.2.3 Ethical Efficacy 2.1.2.3 Ethical Efficacy
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2.1.3 England and Wales 2.1.3 England and Wales
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2.1.3.1 Historical Development 2.1.3.1 Historical Development
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2.1.3.2 Ethical Standards 2.1.3.2 Ethical Standards
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2.1.3.3 Ethical Efficacy 2.1.3.3 Ethical Efficacy
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2.2 The American Tradition 2.2 The American Tradition
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2.2.1 Historical Development 2.2.1 Historical Development
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2.2.2 Ethical Standards 2.2.2 Ethical Standards
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2.2.3 Ethical Efficacy 2.2.3 Ethical Efficacy
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2.3 Asian Traditions 2.3 Asian Traditions
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2.3.1 China 2.3.1 China
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2.3.1.1 Historical Development 2.3.1.1 Historical Development
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2.3.1.2 Ethical Standards 2.3.1.2 Ethical Standards
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2.3.1.3 Ethical Efficacy 2.3.1.3 Ethical Efficacy
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2.3.2 Japan 2.3.2 Japan
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2.3.2.1 Historical Development 2.3.2.1 Historical Development
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2.3.2.2 Ethical Standards 2.3.2.2 Ethical Standards
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2.3.2.3 Ethical Efficacy 2.3.2.3 Ethical Efficacy
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2.4 Islamic Traditions of the Near East 2.4 Islamic Traditions of the Near East
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2.4.1 Saudi Arabia 2.4.1 Saudi Arabia
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2.4.1.1 Historical Development 2.4.1.1 Historical Development
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2.4.1.2 Ethical Standards 2.4.1.2 Ethical Standards
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2.4.1.3 Ethical Efficacy 2.4.1.3 Ethical Efficacy
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2.4.2 Iran 2.4.2 Iran
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2.4.2.1 Historical Development 2.4.2.1 Historical Development
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2.4.2.2 Ethical Standards 2.4.2.2 Ethical Standards
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2.4.2.3 Ethical Efficacy 2.4.2.3 Ethical Efficacy
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2.5 Conclusions 2.5 Conclusions
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2 The Historical Development of National Ethical Traditions
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Published:September 2013
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Abstract
This chapter explores the historical origins of advocacy as a principally European institution and compares the national traditions and cultures of advocacy of select jurisdictions. These jurisdictions comprise France, England and Wales, the United States of America, China, Japan, Saudi Arabia, and Iran. These are representative of three broad ‘families’ of legal traditions: civil law, common law and shariā law. In considering the historical background of these national traditions, their ethical standards and legal cultures, and the efficacy of their systems of professional regulation (including national bars) the chapter identifies commonalities and differences in the philosophical assumptions they make concerning the role of counsel in adjudication. It also identifies issues particular to each jurisdiction and procedural nuances that are manifested in the phenomenon of divergent standards of conduct by counsel before international courts and tribunals as examined in the following chapters of the book.
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