Lawyers Empire

Approaching the legal profession through the lens of cultural history, Wes Pue explores the social roles lawyers imagined for themselves in England and its expanding empire from the late eighteenth to the mid-twentieth century. Each chapter focuses on a critical moment when lawyers – whether leaders or rebels – sought to reshape their profession. In the process, they often fancied they were also shaping the culture and politics of both nation and empire as they struggled to develop or adapt professional structures, represent clients, or engage in advocacy. As an exploration of the relationship between legal professionals and liberalism at home or in the Empire, this work draws attention to recurrent disagreements as to how lawyers have best assured their own economic well-being while simultaneously advancing the causes of liberty, cultural authority, stability, and continuity.

Approaching the legal profession through the lens of cultural history, Wes Pue explores the social roles that lawyers imagined for themselves in England and its empire from the late eighteenth to the mid-twentieth century. Each chapter focuses on a moment when lawyers sought to reshape their profession while at the same time imagining they were shaping nation and empire in the process. As an exploration of the relationship between legal professionals and liberalism, this book draws attention to recurrent tensions that have arisen as lawyers sought to assure their own economic well-being while simultaneously advancing the causes of liberty, cultural authority, stability, and continuity.

More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.

America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Professional Responsibility casebook with a focus on business and transactional lawyers. Authored by Nancy Moore, a highly visible and respected scholar and teacher in Professional Responsibility, this new casebook covers the fundamental components of a traditional Professional Responsibility course with a focus on how these issues arise in a transactional business law practice. It is designed for use in either a two- or three-credit basic course in Professional Responsibility course or an advanced course or seminar specifically on PR in business and transactional law. The traditional pedagogical approach uses a mixture of narrative and descriptive content, edited cases and ethics opinions, discussion questions, and problems. Professors and students will benefit from: A basic introduction to professional responsibility, with a focus on business and transactional lawyers Thorough explanations of rules and concepts Cases carefully edited to clarify the court’s discussion of ethical issues relevant to the chapter topics Textual material provides a foundational understanding of the fundamental topics, allowing the instructor to focus on more difficult material during class time Notes and questions highlight important aspects of each case and prepare students for class discussion Review problems at the end of each chapter – provide a brief overview of material already covered and help students prepare for the exam Appropriate not only for future transactional lawyers, but also for future litigators The instructor can choose to place or more or less emphasis on the transactional components of the casebook

Lucien Karpik presents, in contrast to market-oriented understandings of lawyers in England and the United States, a radically different interpretation of lawyers' action in society which has politics at its core. Based on the French experience from 1274 until 1994, this book stimulates areappraisal of lawyers' collective action in English-speaking countries as well as on the Continent. In a unique and lively combination of history and sociology, the book follows the evolution of French lawyers from the birth of the bar to the present day. Their history encompasses three different forms of the profession and three distinct types of lawyers. The 'State bar', which existed in theremote past, was based on individual navigation between the courts of justice and the royal court. The 'Public' or 'Classical bar', which lasted from the end of the seventeenth century to the middle of the twentieth century, was centered around politics and as a result became one of the builders ofthe liberal State. Finally, contemporary lawyers are increasingly dominated by the 'Business bar', and their practices form the basis of a systematic study of the market, hierarchy, work, sociability and self-government. The author advances and tests a wide range of new theories: on collegial power; on collective action, by explaining how a profession can become a lasting political movement or a how weak political actor can become a ruling elite; on the state and intermediate groups; on professional markets, byproposing an 'economics of quality' in place of neoclassical economics. He also presents creative perspectives on lawyers' stratification and sociability. Through the vivid presentation of a singular case, and the blending of qualitative and quantitative methods, this book develops an original perspective in socio-legal studies and historical sociology. It also makes important contributions to the sociology of professions, to the study of collectiveaction, and to economic and political sociology.

Emigrierte jüdische Juristen, Historiker, Archivare und Aktivisten und ihre individuellen Zugänge zum humanitären Völkerrecht. Emigrierte jüdisch-europäische Juristen waren im 20. Jahrhundert wichtige Träger eines rechtlichen Internationalismus und interkultureller Konzepte im Völkerrechtsdenken, die teilweise in die Nachkriegsdiskurse einflossen, vielfach aber auch vergessen oder an den Rand gedrängt wurden. Der interdisziplinäre Band konzentriert sich auf eine Reihe internationaler Juristen, Historiker, Archivare und Aktivisten und deren individuelle Zugänge zum humanitären Völkerrecht. Mit Hilfe eines biografischen Zugangs werden subjektive Erfahrungen wie akademische Sozialisation, ideologische und religiöse Überzeugungen, soziale Marginalisierung, politische bzw. rassistische Verfolgung und erzwungene Auswanderung in den Blick genommen. Zudem wird danach gefragt, inwiefern sich solche Erfahrungen in Vorstellungen von Universalismus und Partikularismus, Kosmopolitismus und Souveränität, nationaler Selbstbestimmung, Staatsbürgerschaft und Staatenlosigkeit, kollektiven Minderheitenrechten und individuellen Menschenrechten niederschlugen. English: Jewish émigré lawyers, historians, archivists and activists and their individual approaches to International Humanitarian Law. Jewish-European émigré lawyers in the twentieth century were important agents of legal internationalism and served as carriers of intercultural concepts of international legal thought; concepts, which fed into postwar discourses, but were also often forgotten or marginalized. This interdisciplinary volume focusses on a range of international lawyers, historians, archivists and activists and their individual approaches towards International Humanitarian Law. It uses a biographical lens to analyze the impact of subjective experiences like academic socialization, ideological and religious viewpoints (Weltanschauung), social marginalization, political and racial persecution, and forced emigration. Moreover, it investigates the extent to which the emigrants' experiences shaped typical notions of twentieth century politics and law, such as universalism and particularism, cosmopolitanism and sovereignty, national self-determination, citizenship and statelessness, collective minority rights, and individual human rights.