Brief History of Legal Assistance and the Profession of the Legal Counselling Cover Image

Kratka istorija pravne pomoći i advokature
Brief History of Legal Assistance and the Profession of the Legal Counselling

Author(s): Đorđe D. Sibinović
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: Civil law and common law system; Age of Antique; Middle Ages; revolution; legal assistance; profession of legal counseling

Summary/Abstract: The history of legal assistance and the profession of legal counseling began together with the history of state and law. Its roots go back to Age of Antique. The profession of legal counseling also began at that time. However, this knowledge is not sufficient for the commencement of the historical continuity in analysing the development of the idea of legal assistance and the profession of legal counseling. Records and traces of the profession of legal counseling are found in the oldest documents of human existence: Hammurabi, in the Old Testament and in Greek philosophy. A firm connection with the state and legal forms conditioned different ways of its development. The difference between the organisation and goal of legal assistance and legal counseling is evident in civil law and common law systems. The historical conditions, abrupt changes of social forms, revolutions, as well as other social changes directly influence the status and development of the legal counseling. This is the main reason for methodological classification of research of status and historical development of legal assistance and the profession of legal counseling in two main legal systems: civil law and common law systems, as well as the research of their development in phases of great social changes such as the French Revolution, October Revolution and the Era of Fascism in Europe. The first written sources of law in Serbia are from middle ages. The idea of legal assistance and the profession of legal counselling in Serbia can be traced and followed from that time. Both of these institutions emerged in the historical period, depending on the scope and type of regulations as well as the dynamic of development and organisation of Serbian national and state sovereignty.

  • Issue Year: 2010
  • Issue No: 2
  • Page Range: 136-156
  • Page Count: 21
  • Language: Serbian