Michael Burrage
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199282982
- eISBN:
- 9780191700231
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282982.003.0003
- Subject:
- Law, Legal Profession and Ethics
This chapter examines the impact of the revolution on the legal profession in the United States. It analyses the conflict of legal practitioners with legislators and professors and discusses the ...
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This chapter examines the impact of the revolution on the legal profession in the United States. It analyses the conflict of legal practitioners with legislators and professors and discusses the failures of the legal profession with respect to the traditional goals of professions. Despite the failures of their collective associations, American lawyers refused to let go of their professional ideals, insisted on seeing themselves as members of a single profession united by ethical ideals, and joined various contemporary revivalist movements in defence of professional civility, ethics, and community.Less
This chapter examines the impact of the revolution on the legal profession in the United States. It analyses the conflict of legal practitioners with legislators and professors and discusses the failures of the legal profession with respect to the traditional goals of professions. Despite the failures of their collective associations, American lawyers refused to let go of their professional ideals, insisted on seeing themselves as members of a single profession united by ethical ideals, and joined various contemporary revivalist movements in defence of professional civility, ethics, and community.
Michael Burrage
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199282982
- eISBN:
- 9780191700231
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282982.003.0004
- Subject:
- Law, Legal Profession and Ethics
This chapter examines the impact of the revolution on the legal profession in England. It suggests that learned friends and gentlemen were the beneficiaries of the Glorious Revolution. It describes ...
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This chapter examines the impact of the revolution on the legal profession in England. It suggests that learned friends and gentlemen were the beneficiaries of the Glorious Revolution. It describes the legal system during the 12th and 13th centuries which showed the earliest traces of individuals performance specialist legal tasks around which the two modern English legal professions were eventually organized. It discusses changes in the practice of law after the revolution and the conflict between the two legal professions.Less
This chapter examines the impact of the revolution on the legal profession in England. It suggests that learned friends and gentlemen were the beneficiaries of the Glorious Revolution. It describes the legal system during the 12th and 13th centuries which showed the earliest traces of individuals performance specialist legal tasks around which the two modern English legal professions were eventually organized. It discusses changes in the practice of law after the revolution and the conflict between the two legal professions.
Richard L. Abel
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199760374
- eISBN:
- 9780199827077
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199760374.003.0001
- Subject:
- Law, Legal Profession and Ethics
Self-governance and self-regulation are defining characteristics of all professions. The preamble to the American Bar Association (ABA) Model Rules of Professional Conduct acknowledged why ...
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Self-governance and self-regulation are defining characteristics of all professions. The preamble to the American Bar Association (ABA) Model Rules of Professional Conduct acknowledged why professions claim such authority: “To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated”. But these core powers are ambivalently asserted, expediently exercised, and constantly contested. This chapter traces the institutional history of lawyer discipline in California in order to show how the system's capacities and limitations influence the way it constructs lawyer deviance.Less
Self-governance and self-regulation are defining characteristics of all professions. The preamble to the American Bar Association (ABA) Model Rules of Professional Conduct acknowledged why professions claim such authority: “To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated”. But these core powers are ambivalently asserted, expediently exercised, and constantly contested. This chapter traces the institutional history of lawyer discipline in California in order to show how the system's capacities and limitations influence the way it constructs lawyer deviance.
Michael Burrage
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199282982
- eISBN:
- 9780191700231
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282982.003.0002
- Subject:
- Law, Legal Profession and Ethics
This chapter examines the impact of state formation on the legal profession in France after the revolution. It describes how the profession was affected by the issues surrounding the way the state ...
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This chapter examines the impact of state formation on the legal profession in France after the revolution. It describes how the profession was affected by the issues surrounding the way the state established its borders and secured its authority, and that of its courts, within them. It suggests that the revolution influenced legal advocates' behaviour in subtle and often unintended ways, these effects were also continuous and decisive. The chapter contends that the French legal profession can be considered a super-profession because the advocates or lawyers defined themselves before all else by reference to moral ideals and notions of honour that bore little relationship to the economic concerns of the capitalist society emerging around them.Less
This chapter examines the impact of state formation on the legal profession in France after the revolution. It describes how the profession was affected by the issues surrounding the way the state established its borders and secured its authority, and that of its courts, within them. It suggests that the revolution influenced legal advocates' behaviour in subtle and often unintended ways, these effects were also continuous and decisive. The chapter contends that the French legal profession can be considered a super-profession because the advocates or lawyers defined themselves before all else by reference to moral ideals and notions of honour that bore little relationship to the economic concerns of the capitalist society emerging around them.
Henning Grunwald
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199609048
- eISBN:
- 9780191744280
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199609048.001.0001
- Subject:
- History, European Modern History, Political History
What role did the courts play in the demise of Germany's first democracy and Hitler's rise to power? This book challenges the orthodox interpretation of Weimar political justice. It argues that an ...
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What role did the courts play in the demise of Germany's first democracy and Hitler's rise to power? This book challenges the orthodox interpretation of Weimar political justice. It argues that an exclusive focus on reactionary judges and a preoccupation with number-crunching verdicts has obscured precisely that aspect of trials most fascinating to contemporary observers: its drama. Drawing on untapped sources and material previously inaccessible in English, it shows how an innovative group of party lawyers transformed dry legal proceedings into spectacular ideological clashes. Supported by powerful party legal offices (hitherto almost entirely disregarded), they developed a sophisticated repertoire of techniques at the intersection of criminal law, politics, and public relations. Harnessing the emotional appeal of tens of thousands of trials, Communists and (emulating them) National Socialist institutionalized party legal aid in order to build their ideological communities. Defendants turned into martyrs, trials into performances of ideological self-sacrifice, and the courtroom into a ‘revolutionary stage’, as one prominent party lawyer put it. This political justice as ‘revolutionary stage’ powerfully impacted Weimar political culture. This book's argument about the theatricality of justice helps explain Weimar's demise but transcends interwar Germany. Trials were compelling not because they offered instruction about the revolutionary struggle, but because in a sense they were the revolutionary struggle, admittedly for the time being played out in the grit-your-teeth, clench-your-fist mode of the theatrical ‘as if’. The ideological struggle, their message ran, left no room for fairness, no possibility of a ‘neutral platform’: justice was unattainable until the Republic was destroyed.Less
What role did the courts play in the demise of Germany's first democracy and Hitler's rise to power? This book challenges the orthodox interpretation of Weimar political justice. It argues that an exclusive focus on reactionary judges and a preoccupation with number-crunching verdicts has obscured precisely that aspect of trials most fascinating to contemporary observers: its drama. Drawing on untapped sources and material previously inaccessible in English, it shows how an innovative group of party lawyers transformed dry legal proceedings into spectacular ideological clashes. Supported by powerful party legal offices (hitherto almost entirely disregarded), they developed a sophisticated repertoire of techniques at the intersection of criminal law, politics, and public relations. Harnessing the emotional appeal of tens of thousands of trials, Communists and (emulating them) National Socialist institutionalized party legal aid in order to build their ideological communities. Defendants turned into martyrs, trials into performances of ideological self-sacrifice, and the courtroom into a ‘revolutionary stage’, as one prominent party lawyer put it. This political justice as ‘revolutionary stage’ powerfully impacted Weimar political culture. This book's argument about the theatricality of justice helps explain Weimar's demise but transcends interwar Germany. Trials were compelling not because they offered instruction about the revolutionary struggle, but because in a sense they were the revolutionary struggle, admittedly for the time being played out in the grit-your-teeth, clench-your-fist mode of the theatrical ‘as if’. The ideological struggle, their message ran, left no room for fairness, no possibility of a ‘neutral platform’: justice was unattainable until the Republic was destroyed.
Curtis J. Milhaupt and Mark D. West
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199272112
- eISBN:
- 9780191601316
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199272115.003.0008
- Subject:
- Economics and Finance, Financial Economics
Chapters 7 and 8 show how institutional changes can lead to positive results. In Chapter 8, the authors examine the allocation of talent in Japan between the bureaucracy and the legal profession. ...
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Chapters 7 and 8 show how institutional changes can lead to positive results. In Chapter 8, the authors examine the allocation of talent in Japan between the bureaucracy and the legal profession. This chapter both reflects and highlights the general transformation seen to be taking place in Japan, away from informal rules and toward more formal, law‐based institutions. If Japan is moving toward a firmer ‘rule of law’ (putting aside the very thorny question of precisely what that means), one likely consequence is a greater role for lawyers in the economy, and a diminished role for bureaucrats operating by fiat. Examining career choices of elites in Japanese society thus provides a novel way of testing whether the institutional changes observed in the rest of the book are having a real impact on society. Milhaupt and West present dramatic evidence that indeed they are: the cream of the crop in Japan is forsaking the bureaucracy for law.Less
Chapters 7 and 8 show how institutional changes can lead to positive results. In Chapter 8, the authors examine the allocation of talent in Japan between the bureaucracy and the legal profession. This chapter both reflects and highlights the general transformation seen to be taking place in Japan, away from informal rules and toward more formal, law‐based institutions. If Japan is moving toward a firmer ‘rule of law’ (putting aside the very thorny question of precisely what that means), one likely consequence is a greater role for lawyers in the economy, and a diminished role for bureaucrats operating by fiat. Examining career choices of elites in Japanese society thus provides a novel way of testing whether the institutional changes observed in the rest of the book are having a real impact on society. Milhaupt and West present dramatic evidence that indeed they are: the cream of the crop in Japan is forsaking the bureaucracy for law.
Wilfrid R. Prest
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198202585
- eISBN:
- 9780191675423
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202585.003.0009
- Subject:
- History, Social History
This chapter examines the unpopularity of barristers and common lawyers in early modern England. The hostility towards common lawyers appears to have increased as the profession grew in size and ...
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This chapter examines the unpopularity of barristers and common lawyers in early modern England. The hostility towards common lawyers appears to have increased as the profession grew in size and social prominence during the 16th century. The unpopularity of lawyers was not just a literary convention, it reflects the central relevance of the legal system and its practitioners to the everyday life of early modern England. Many of the unprepossessing personal characteristics of lawyers as depicted by contemporary writers also reflect the envy and resentment towards a body of men who had risen too far, too fast.Less
This chapter examines the unpopularity of barristers and common lawyers in early modern England. The hostility towards common lawyers appears to have increased as the profession grew in size and social prominence during the 16th century. The unpopularity of lawyers was not just a literary convention, it reflects the central relevance of the legal system and its practitioners to the everyday life of early modern England. Many of the unprepossessing personal characteristics of lawyers as depicted by contemporary writers also reflect the envy and resentment towards a body of men who had risen too far, too fast.
Lisa Rose Mar
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199733132
- eISBN:
- 9780199866533
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199733132.003.0003
- Subject:
- History, World Modern History, World Medieval History
Despite racial bars to the legal profession, Chinese immigrants often made the law their instrument through interpreters who acted as informal legal brokers. They were paralegals who served Chinese ...
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Despite racial bars to the legal profession, Chinese immigrants often made the law their instrument through interpreters who acted as informal legal brokers. They were paralegals who served Chinese clients and sometimes other non-white groups. The brokerage relations of these “Chinese lawyers” also illuminate another less visible aspect of legal history, the profoundly integrated nature of Canadian justice. Ethnic dispute resolution processes continually interacted with the formal justice system. David Lew’s murder mystery shows how these legal negotiations helped make the Canadian state a central institution in British Columbia’s early twentieth-century Chinese Diaspora.Less
Despite racial bars to the legal profession, Chinese immigrants often made the law their instrument through interpreters who acted as informal legal brokers. They were paralegals who served Chinese clients and sometimes other non-white groups. The brokerage relations of these “Chinese lawyers” also illuminate another less visible aspect of legal history, the profoundly integrated nature of Canadian justice. Ethnic dispute resolution processes continually interacted with the formal justice system. David Lew’s murder mystery shows how these legal negotiations helped make the Canadian state a central institution in British Columbia’s early twentieth-century Chinese Diaspora.
Michael Burrage
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199282982
- eISBN:
- 9780191700231
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282982.003.0001
- Subject:
- Law, Legal Profession and Ethics
This chapter examines the aftershocks and later reverberations of the revolutions in France, England, and the United States and their impact on the legal profession. It suggests that law without ...
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This chapter examines the aftershocks and later reverberations of the revolutions in France, England, and the United States and their impact on the legal profession. It suggests that law without lawyers has been one of the more enduring and resilient ideals of western civilization, recurring in the works of authors of varied temperaments and philosophies, separated by vast distances of time and culture, and living under social and political systems. In the 20th century, utopian thought has declined or perhaps expired, but the ideal of the law-abiding but lawyerless society seems to have found other vehicles. This chapter discusses the developments of the legal profession during the 20th century.Less
This chapter examines the aftershocks and later reverberations of the revolutions in France, England, and the United States and their impact on the legal profession. It suggests that law without lawyers has been one of the more enduring and resilient ideals of western civilization, recurring in the works of authors of varied temperaments and philosophies, separated by vast distances of time and culture, and living under social and political systems. In the 20th century, utopian thought has declined or perhaps expired, but the ideal of the law-abiding but lawyerless society seems to have found other vehicles. This chapter discusses the developments of the legal profession during the 20th century.
Kieran McEvoy and Rachel Rebouche
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199204939
- eISBN:
- 9780191695599
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204939.003.0014
- Subject:
- Law, Human Rights and Immigration
This chapter is concerned with the ways lawyers either do or do not make their voices heard in processes of political, social, and legal transformation. It examines several key moments in legal and ...
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This chapter is concerned with the ways lawyers either do or do not make their voices heard in processes of political, social, and legal transformation. It examines several key moments in legal and political history to determine how the potential of particular groups of lawyers to serve as the collective conscience of legal professional may be developed and enhanced. The chapter explains the notion of critical juncture and evaluates that sociology of the legal profession.Less
This chapter is concerned with the ways lawyers either do or do not make their voices heard in processes of political, social, and legal transformation. It examines several key moments in legal and political history to determine how the potential of particular groups of lawyers to serve as the collective conscience of legal professional may be developed and enhanced. The chapter explains the notion of critical juncture and evaluates that sociology of the legal profession.
David Albert Jones
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199213009
- eISBN:
- 9780191707179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213009.003.0012
- Subject:
- Religion, Church History
This chapter highlights emerging themes from the study, including regional variations; the relationship between the regions and London, the centre and localities; the role of clergy as gatherers and ...
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This chapter highlights emerging themes from the study, including regional variations; the relationship between the regions and London, the centre and localities; the role of clergy as gatherers and disseminators of information, both from and to the centre and localities; and the role of clergy as opinion-formers. It is suggested that clergy were unifying influences in society. The clergy were closely integrated with their local economies and local society, but they formed a distinct social and professional group, which distanced them from their neighbours. The clergy were not an archaic group compared to other professional bodies, but provided something of a model for the reformation and regulation of the legal and medical professions in the 1820s and 1830s.Less
This chapter highlights emerging themes from the study, including regional variations; the relationship between the regions and London, the centre and localities; the role of clergy as gatherers and disseminators of information, both from and to the centre and localities; and the role of clergy as opinion-formers. It is suggested that clergy were unifying influences in society. The clergy were closely integrated with their local economies and local society, but they formed a distinct social and professional group, which distanced them from their neighbours. The clergy were not an archaic group compared to other professional bodies, but provided something of a model for the reformation and regulation of the legal and medical professions in the 1820s and 1830s.
Frank S. Bloch (ed.)
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381146
- eISBN:
- 9780199869305
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381146.001.0001
- Subject:
- Law, Public International Law
This book describes the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. Certain common features ...
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This book describes the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. Certain common features have contributed to clinical legal education's growing influence around the world, most notably its focus on lawyering skills and professional values. Even so, law school clinics vary considerably from country to country due to differences in legal systems and professional and academic cultures that have led to the development of a variety of distinctive national and regional approaches to clinical education. The book also examines clinical legal education's commitment to reform the legal academy and the legal profession, and charts its future role in educating lawyers for social justice. It argues that an emerging global clinical movement is playing an increasingly important role in educating lawyers worldwide, and that it can advance social justice through legal education. The most common model is a law school-based legal aid clinic that offers law students the opportunity to gain “real world” practical experience by working with clinical faculty to address legal problems in the community. The book consists of three parts: Part 1 explores the global reach of clinical legal education, including descriptions of programs from every region of the world; Part 2 discusses the justice mission of global clinical education and the various ways that clinical programs advance the cause of social justice around the world; Part 3 looks at the global clinical movement, with analyses of its various dimensions and its capacity to advance social justice through socially relevant legal education.Less
This book describes the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. Certain common features have contributed to clinical legal education's growing influence around the world, most notably its focus on lawyering skills and professional values. Even so, law school clinics vary considerably from country to country due to differences in legal systems and professional and academic cultures that have led to the development of a variety of distinctive national and regional approaches to clinical education. The book also examines clinical legal education's commitment to reform the legal academy and the legal profession, and charts its future role in educating lawyers for social justice. It argues that an emerging global clinical movement is playing an increasingly important role in educating lawyers worldwide, and that it can advance social justice through legal education. The most common model is a law school-based legal aid clinic that offers law students the opportunity to gain “real world” practical experience by working with clinical faculty to address legal problems in the community. The book consists of three parts: Part 1 explores the global reach of clinical legal education, including descriptions of programs from every region of the world; Part 2 discusses the justice mission of global clinical education and the various ways that clinical programs advance the cause of social justice around the world; Part 3 looks at the global clinical movement, with analyses of its various dimensions and its capacity to advance social justice through socially relevant legal education.
Michael Burrage
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199282982
- eISBN:
- 9780191700231
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282982.003.0005
- Subject:
- Law, Legal Profession and Ethics
This chapter compares the impact of revolution on the legal professions and states and civil societies in France, England, and the United States. It examines the similarities in the revolutionary ...
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This chapter compares the impact of revolution on the legal professions and states and civil societies in France, England, and the United States. It examines the similarities in the revolutionary aspirations of the lawyers in the three countries, their divergent paths into the modernity, and the kinship of old regime lawyers. It identifies the specific political and social factors that significantly influenced the changes in the legal system and the practice of law in these three countries.Less
This chapter compares the impact of revolution on the legal professions and states and civil societies in France, England, and the United States. It examines the similarities in the revolutionary aspirations of the lawyers in the three countries, their divergent paths into the modernity, and the kinship of old regime lawyers. It identifies the specific political and social factors that significantly influenced the changes in the legal system and the practice of law in these three countries.
Benjamin Nathans
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780520208308
- eISBN:
- 9780520931299
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520208308.003.0010
- Subject:
- History, European Modern History
This chapter explores the role of Jewish lawyers within the legal profession itself. It argues that as the best educated, best organized, and most Westernized profession, lawyers offer an important ...
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This chapter explores the role of Jewish lawyers within the legal profession itself. It argues that as the best educated, best organized, and most Westernized profession, lawyers offer an important case study of the impact of Russia's imperial diversity on its embryonic civil society. It explains why the bar became a haven for Jews, and then explores the debates that culminated in 1889 in the ban on their admission. It observes that in contrast to quotas in institutions of higher education, restrictions on admission of Jews to the bar emerged from within the profession itself, reflecting broad anxieties that the social mobility unleashed by the Great Reforms—and more broadly by the process of modernization—was placing Russians at a decisive disadvantage in their own empire.Less
This chapter explores the role of Jewish lawyers within the legal profession itself. It argues that as the best educated, best organized, and most Westernized profession, lawyers offer an important case study of the impact of Russia's imperial diversity on its embryonic civil society. It explains why the bar became a haven for Jews, and then explores the debates that culminated in 1889 in the ban on their admission. It observes that in contrast to quotas in institutions of higher education, restrictions on admission of Jews to the bar emerged from within the profession itself, reflecting broad anxieties that the social mobility unleashed by the Great Reforms—and more broadly by the process of modernization—was placing Russians at a decisive disadvantage in their own empire.
Donald Nicolson and Julian Webb
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198764717
- eISBN:
- 9780191695261
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198764717.003.0003
- Subject:
- Law, Legal Profession and Ethics
This chapter focuses on the micro and macro ethical issues that affect the ethical character prevalent in the legal profession. One of the main reasons for the current ethical status of the legal ...
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This chapter focuses on the micro and macro ethical issues that affect the ethical character prevalent in the legal profession. One of the main reasons for the current ethical status of the legal profession lies in its core ideals. There are said to be six main characteristics of professional work and organisation. First is the use and deployment of skills and technical knowledge. Second is the presence of some form of certification of competence. Third is the sense of homogeneity with other members of the same profession. Fourth, is the present organisational autonomy and in the delivery of professional work. Fifth is commitment to high ethical standards. Last is the presence of codes of professional ethics. Other major factors that influence professional ethics are the procedural context, institutional, demographic context, educational context and the business context.Less
This chapter focuses on the micro and macro ethical issues that affect the ethical character prevalent in the legal profession. One of the main reasons for the current ethical status of the legal profession lies in its core ideals. There are said to be six main characteristics of professional work and organisation. First is the use and deployment of skills and technical knowledge. Second is the presence of some form of certification of competence. Third is the sense of homogeneity with other members of the same profession. Fourth, is the present organisational autonomy and in the delivery of professional work. Fifth is commitment to high ethical standards. Last is the presence of codes of professional ethics. Other major factors that influence professional ethics are the procedural context, institutional, demographic context, educational context and the business context.
Philip Schofield
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780198208563
- eISBN:
- 9780191716928
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208563.003.0005
- Subject:
- History, History of Ideas
From 1790 Bentham devoted much of his time and energy to his panopticon prison scheme. When the scheme was effectively rejected by the British government in 1803, he turned his attention to the ...
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From 1790 Bentham devoted much of his time and energy to his panopticon prison scheme. When the scheme was effectively rejected by the British government in 1803, he turned his attention to the reform of judicial procedure and the law of evidence. By the summer of 1804 he had worked out in detail the way in which sinister interest operated in this context. A right and proper interest constituted a motive to promote the greatest happiness of the greatest number, whereas a sinister interest constituted a motive to promote the happiness of a particular individual or group. A partnership had been established between judges and lawyers to make the law complex, and thereby extract as much money in the form of fees as possible from clients. By early 1809 Bentham had come to realize that it was not just the legal profession which was characterized by sinister interest, but the political establishment as well.Less
From 1790 Bentham devoted much of his time and energy to his panopticon prison scheme. When the scheme was effectively rejected by the British government in 1803, he turned his attention to the reform of judicial procedure and the law of evidence. By the summer of 1804 he had worked out in detail the way in which sinister interest operated in this context. A right and proper interest constituted a motive to promote the greatest happiness of the greatest number, whereas a sinister interest constituted a motive to promote the happiness of a particular individual or group. A partnership had been established between judges and lawyers to make the law complex, and thereby extract as much money in the form of fees as possible from clients. By early 1809 Bentham had come to realize that it was not just the legal profession which was characterized by sinister interest, but the political establishment as well.
Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi
Mauro Capelletti, John Henry Meryman, and Joseph M. Perillo (eds)
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804774956
- eISBN:
- 9780804796552
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804774956.003.0003
- Subject:
- Law, Comparative Law
This chapter discusses legal education, the legal profession, and the magistratura, as they existed at the time of publication.
This chapter discusses legal education, the legal profession, and the magistratura, as they existed at the time of publication.
Wilfrid R. Prest
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198202585
- eISBN:
- 9780191675423
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202585.003.0003
- Subject:
- History, Social History
This chapter examines the supply and demand for barristers in early modern England. It states that almost every major political, economic, and social development in Tudor and early Stuart England ...
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This chapter examines the supply and demand for barristers in early modern England. It states that almost every major political, economic, and social development in Tudor and early Stuart England helped make more work for common lawyers in general and barristers in particular. They played important roles in consolidating the centralized monarchic rule and in advising government and public officials, who became more regulated by judicial tribunals. This chapter analyses how the benefits of these developments were shared within the legal profession.Less
This chapter examines the supply and demand for barristers in early modern England. It states that almost every major political, economic, and social development in Tudor and early Stuart England helped make more work for common lawyers in general and barristers in particular. They played important roles in consolidating the centralized monarchic rule and in advising government and public officials, who became more regulated by judicial tribunals. This chapter analyses how the benefits of these developments were shared within the legal profession.
Wilfrid R. Prest
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198202585
- eISBN:
- 9780191675423
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202585.003.0006
- Subject:
- History, Social History
This chapter examines the contributions of barristers and common lawyers to the Renaissance of humanism in England. It analyses the nature of their involvement and attempts to explain why barristers ...
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This chapter examines the contributions of barristers and common lawyers to the Renaissance of humanism in England. It analyses the nature of their involvement and attempts to explain why barristers became prominent in the cultural and intellectual life of Elizabethan and early Stuart England and why their prominence failed to register in their public image. The contribution of common lawyers to learning and the arts declined progressively in the 1660s because of the continued expansion of the legal profession's autonomy and self-confidence.Less
This chapter examines the contributions of barristers and common lawyers to the Renaissance of humanism in England. It analyses the nature of their involvement and attempts to explain why barristers became prominent in the cultural and intellectual life of Elizabethan and early Stuart England and why their prominence failed to register in their public image. The contribution of common lawyers to learning and the arts declined progressively in the 1660s because of the continued expansion of the legal profession's autonomy and self-confidence.
Donald Nicolson and Julian Webb
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198764717
- eISBN:
- 9780191695261
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198764717.003.0004
- Subject:
- Law, Legal Profession and Ethics
This chapter discusses the regulatory framework of the legal profession and how it affects the professional ethics of lawyers. Although there are a lot of self regulating organizations, not all of ...
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This chapter discusses the regulatory framework of the legal profession and how it affects the professional ethics of lawyers. Although there are a lot of self regulating organizations, not all of these organizations have adequate regulatory frameworks to help enforce a strict rule of conduct for their members. There is a strong need for reforms in the regulatory frameworks adopted by professional organizations such as placing more focus on dialogue and co-operation between the regulator and the regulated. The appointment of its own compliance officer is a good strategy for law firms and chambers to enforce and comply with the rules established by regulating organizations. There is also a need for a new system of preventive audit and investigation, and follow up of complaints.Less
This chapter discusses the regulatory framework of the legal profession and how it affects the professional ethics of lawyers. Although there are a lot of self regulating organizations, not all of these organizations have adequate regulatory frameworks to help enforce a strict rule of conduct for their members. There is a strong need for reforms in the regulatory frameworks adopted by professional organizations such as placing more focus on dialogue and co-operation between the regulator and the regulated. The appointment of its own compliance officer is a good strategy for law firms and chambers to enforce and comply with the rules established by regulating organizations. There is also a need for a new system of preventive audit and investigation, and follow up of complaints.
