During the 1990s, reforms in the English legal profession transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.
The book surveys where the most recent and radical liberalization involving the ownership of law firms by non-lawyers is likely to lead, and appraises the economic literature on the costs and benefits of regulating markets for professional services. It
'Reorganization and Resistance' analyses the ways in which the legal professions of nine countries (England,France, the Netherlands, Germany, Canada, the US, Mexico, Australia and Korea) and one continent (South America) have confronted the internal and external political, economic and social upheavals of the past twenty years. It documents how change and resistance are inextricably tied together in an oppositional tension where the greater weight shifts gradually from one to the other, even shifts backwards at times, but in the long view runs in the direction of change. The most obvious instance almost everywhere is the struggle of women in legal professions where improvement is undeniable even as resistance is varied and stiff. The book charts the way demographic shifts have changed the work of lawyers, the way that the revenue from law practice has been re-distributed, and the extent to which barriers based on race, class, religion and gender have shrunk or shifted. It describes how some professions have been forced by government or co-regulation with government to reorganize. It also documents how others have not kept pace with transformations in the economy and changes and challenges to legal education take center stage while demographic shifts and institutional reorganization are of much less importance.
This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.
This collection brings together a distinguished group of researchers to examine the power relations which are played out in university law schools as a result of the different pressures exerted upon them by a range of different 'stakeholders'. From students to governments, from lawyers to universities, a host of institutions and actors believe that law schools should take account of a vast number of (often conflicting) considerations when teaching their students, designing curricula, carrying out research and so on. How do law schools deal with these pressures? What should their response be to the 'stakeholders' who urge them to follow agendas emanating from outside the law school itself? To what extent should some of these agendas play a greater role in the thinking of law schools?
Professionalism is currently undergoing a process of radical change. Changes in the welfare state and in the market place have impacted upon professional organisations forcing them to change the ways in which they perform their jobs. This book analyses these changes in relation to the legal industry and other professions such as doctors and accountants. It argues that the shift is being driven by the powerful and informed corporate client whilst it downgrades consideration for the weaker uninformed client with many casualties as a result. It highlights how this shift has become an important political issue as the different camps seek support from political parties. It suggests that the resulting contest will be one of the key political struggles of the first decade of the next century.
Policy Networks in Criminal Justice is a comprehensive and challenging collection of studies on the workings of pressure groups in criminal justice and the articulation of pressure group politics and criminal justice policymaking. Against a back cloth of policy networks theory, the authors examine the role and activities of professional associations in the areas of policing, probation, law and the courts, together with campaigning groups, such as those in the areas of penal reform, civil liberties and victims. In addition, the book includes a study of the growing role of local authorities in the world of criminal justice.
This book tells the story of the principal European intellectual professions from the demise of the ancien régime to the rise of the European Union. A historical study which applies sociological concepts it creates a European-scale picture of the professions spanning over two centuries of change. Uniting the legal, medical, engineering and accounting professions it provides a comparative historical and sociological exploration of ′Professional Europe′. Inspired by Bourdieu it rejects theories of professionalization drawing instead upon the sociology of crisis and theories on the decline of the professions to introduce among others, the topic of the intellectual professions′ relationship with the fascist and authoritarian regimes. Detailed, well defined and critical in its application Professional Men, Professional Women also examines the role of women within the professions and includes a devoted chapter conducting a twofold comparison between countries and professions.