Cause lawyering is law as practised by the politically motivated and those devoted to moral activism. This text examines the concept in a global context, exploring ways in which it influences and is influenced by the disaggregation of state power associated with democratization, and how democratization empowers lawyers who want to effect change.
This volume brings together contextually sensitive, cross-cultural, and comparative research that analyzes the ways in which cause lawyering is influencing, and being influenced by, the disaggregation of state power associated with democratization and globalization.
Cause Lawyers and Social Movements seeks to reorient scholarship on cause lawyers, inviting scholars to think about cause lawyering from the perspective of those political activists with whom cause lawyers work and whom they seek to serve. It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems. The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?
The Worlds Cause Lawyers Make examines the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions.
Why do some lawyers devote themselves to a given social movement or political cause? How are such deeds of individual commitment and personal belief justly executed, given the ideals of disinterested professional service to which lawyers are (in theory, at least) supposed to adhere? What can we learn from such lawyers about the relationship between law and politics? Cause Lawyering is a wise and varied collection of responses to these questions, featuring a number of distinguished legal scholars concerned with anti-poverty lawyers, lawyers who work against capital punishment, immigration lawyers, and other lawyers working to end oppression. Editors Austin Sarat and Stuart Scheingold have assembled here a valuable cross-national portrait of lawyers compelled to sacrifice financial gain so as to use their legal skills in the promotion of a more just society. These telling and important essays fully explore the relationship between cause lawyering and the organized legal professions of many different countries--the US, England, South Africa, Israel, Cuba, and so forth. They describe the utility of law as a resource in political struggles and, conversely, highlight the constraints under which lawyers necessarily operate when they turn to politics. Some provide broad theoretical overviews; others present rich case studies. Advancing a fundamental argument about the very nature of the legal profession, this book explains the strategies that cause lawyers deploy, as well as the challenges they face in trying to be legally astute and effective while remaining politically devoted and aware. Although it is a controversial way of practicing law, cause lawyering, as explicated in the essays in this volume, is indeed indispensable to the legitimization of professional authority.
Lawyers in the United States are frequently described as "hired guns," willing to fight for any client and advance any interest. Claiming that their own beliefs are irrelevant to their work, they view lawyering as a technical activity, not a moral or political one. But there are others, those the authors call cause lawyers, who refuse to put aside their own convictions while they do their legal work. This "deviant" strain of lawyering is as significant as it is controversial, both in the legal profession and in the world of politics. It challenges mainstream ideas of what lawyers should do and of how they should behave. Human rights lawyers, feminist lawyers, right-to-life lawyers, civil rights and civil liberties lawyers, anti-death penalty lawyers, environmental lawyers, property rights lawyers, anti-poverty lawyers—cause lawyers go by many names, serving many causes. Something to Believe In explores the work that cause lawyers do, the role of moral and political commitment in their practice, their relationships to the organized legal profession, and the contributions they make to democratic politics.
Defending Legal Freedoms in Indonesia provides fresh insights into how cause lawyers navigate political and institutional change, by presenting and analysing the Indonesian Legal Aid Foundation (YLBHI), the oldest and most influential legal and human rights organisation in Indonesia. Based on rich ethnographic research, this book charts the developments of the organisation since its founding in 1970, its contribution to the ending of the authoritarian, military-backed New Order (1966-1998), its relative decline in the years following Indonesia’s democratisation and its revival in recent years as Indonesian democracy and human rights come under threat. The author examines the tactics the organisation has used, including show trials and working alongside grassroots communities, organising them and educating them about their rights. It highlights how this organisation flourished more under an authoritarian regime than under democracy and how its present, prominent, adversarial-political version of cause lawyering is playing a leading role in civil society resisting further erosion of democracy and human rights. The book addresses recent democratic erosion under President Joko Widodo, and documents pivotal moments in Indonesia’s contemporary history, such as the ‘Reform Corrupted’ mass demonstrations in 2019, illuminating how democracy shrinks, and how lawyers push back. The first book on Indonesia’s crucially important cause lawyering, activist lawyers’ group, this book will be of interest to researchers in Asian Law, Indonesian Studies. It is also an essential point of reference for future research in public lawyering in Asia.
This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.
