This article provides a historical perspective on what Terry Maroney called “the persistent cultural script of judicial dispassion” and extends the discussion to the continental legal systems of modern Europe. By looking at the legal debates that took place on the pages of professional periodicals and academic monographs across Europe, I show that the role of emotions was in fact an important topic in these discussions, with many participants advancing a very positive view of emotions as something that can help the judge arrive at correct decisions. By bringing in the wider social and cultural context, the article provides new explanations for the rise and demise of the ‘emotional judge’ between ca. 1880 and 1930 and the persistence of the ‘dispassionate’ stereotype in the modern era.
The overview of Russian social security law and its history
The paper analyzes how the self-regulatory institutions of two legal professions – attorneys-at-law 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.