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The independence of the legal profession suffered immeasurably when the bar associations were dissolved after the 1979 Revolution. They only gradually recuperated and reorganized in the 1990s, being allowed to hold internal elections again in 1997 and regain a degree of political independence. Since the early 2000s, however, hardliners have ensured that regimist lawyers dominate the bars’ boards, with the effect that the human rights work of the bar associations came to a halt. What has undermined the work of the bar associations most, however, is the parallel training and examination mechanisms set up in the judiciary for a different kind of lawyer, so-called Article 187 legal advisors. These do not take a bar exam and also otherwise are not organized by the Bar. They are required to seek renewal of their accreditation from the judiciary every year, thus making them highly dependent on the judiciary’s goodwill.
The aim of this study was to explore legal educators’ perceptions of the evolving relationship between legal education and the legal profession. Through their work, do legal educators see themselves as positively influencing the development of the legal profession for the benefit of society (‘reformers’), or as merely supporting and responding to what the profession says it needs (‘reinforcers’)? Using the jurisdiction of England and Wales as a case study, the authors conducted 30 semi-structured interviews and identified common themes using template analysis. The data suggest a crisis of identity, purpose, and empowerment within this legal education community. Few participants felt they had any significant opportunity to influence reform within the legal profession, with some rejecting outright the notion that this might even be an appropriate aspiration for legal education. By contrast, most believed that law firms had a significant and increasing influence on their curricula, though there was no consensus on the legitimacy of this power. The authors argue that – in the case study context and beyond – legal educators, regulators, and policy makers must proactively monitor and respond to the evolving power dynamics within legal education, to ensure that it maximises its value for society.
Look around rural America and you’ll see small towns losing population and suffering brain drain. Look closer, and you’ll notice lawyers are aging and not being replaced by new graduates. Doing nothing is not an option, rural residents deserve legal representation. States are now experimenting with policies to incentivize rural law practice, but ten years ago, South Dakota was first. Based on interviews with rural lawyers, The Rural Lawyer shows how rural incentive programs can work, what it is like to begin a law career in rural America, and how rural lawyers can help small communities thrive.
The Rural Lawyer takes a close look at the challenges facing small-town America, where populations are dwindling and aging lawyers are not being replaced by new graduates. With interviews and personal accounts, the book shows how incentive programs can address this access-to-justice crisis. It specifically examines the South Dakota Rural Attorney Recruitment Program, which is the first program of its kind in the US and has seen great success in helping to attract new lawyers to small towns. Chapters also explore the larger context of rural economic development and its relationship to the law. With insightful analysis and real-life examples, The Rural Lawyer provides readers with a deep understanding of the challenges facing rural communities and the role that lawyers can play in helping these areas thrive.
This chapter investigates the impact of artificial intelligence on legal services. The questions addressed include: How will artificial intelligence change and improve the legal services offered by lawyers? How will the legal profession change as a result of the increased use of artificial intelligence? How will artificial intelligence change the way lawyers work and the way they organise, charge for and finance their work? A key insight discussed concerns the focus when thinking about the impact of artificial intelligence on the work of lawyers: concentrating on the ‘tasks’ that lawyers perform reveals more insights than asking whether artificial intelligence will destroy ‘jobs’. Exploring the impact on ‘tasks’ of lawyers shows that they are both consumers and producers of services augmented by artificial intelligence. Focusing on ‘tasks’ also helps in understanding what kinds of activities are affected by artificial intelligence and which activities will be performed, at least for the foreseeable future, by human lawyers. The discussion also deals with the emergence of multidisciplinary teams and the success indicators for LawTech start-ups.
Some recent work on populist conservative forces engaged in legal mobilization in Europe highlights the involvement of US-based conservative legal advocacy organizations and their European affiliates. These groups are linked to efforts to resist the integration of Europe and the power of the European courts to implement the projects of liberal, left-leaning pro-EU social forces. Little attention thus far has focused on the lawyers active in these advocacy groups, their ties to the American conservative legal movement and the transnational lawyer networks of which they are a part. This essay sketches an agenda for future research on the composition, operations, strategies and discourse of this complex constellation of conservative lawyers and their organizations.
This paper considers the relationship between litigants in person (LiPs) and conspiracy theories and seeks to answer two questions: how, and why, do some LiPs come to be conspiracy theorists? The majority of LiPs, of course, do not become conspiracy-minded. There is also no evidence that LiPs are more likely than anyone else in legal proceedings to be conspiracists, only, perhaps, that it is more obvious when they are. But there continue to be individuals who have conspiracist explanations for difficulties or failures they experience throughout legal proceedings. And while it is widely held that some LiPs hold eccentric beliefs about the law, there has been little attempt to understand how and why LiPs may come to acquire or articulate these beliefs. This is presumably because it has not been considered important to interrogate the views of people already often assumed to be ‘difficult’ or eccentric. This paper contends, however, that trying to understand how and why these conspiracist beliefs are acquired matters very much. This is because conspiracy theories can give us a critical insight into how negative experiences of litigation can result in a loss of faith or trust in legal institutions.
With or without professional in-house counsel, Chinese companies must rely heavily on outside lawyers to effectively manage legal risks in the United States. Companies operating in the United States must navigate through an intricate web of legal rights and obligations, which cannot be done without adequate legal assistance. While a vast literature has accumulated on the US legal profession and the legal service market, few scholars have studied the interactions between multinational companies and their US lawyers, leaving important questions open. For instance, do Chinese companies bring their lack of appreciation or even contempt for lawyers and legal services to the United States, or do they adapt to the host-state environment and take legal advice seriously? Moreover, how do Chinese companies choose from the 1.3 million US lawyers? Are Chinese companies becoming a significant revenue source for US law firms, which will give them pricing power in the market and the ability to dictate how legal services are provided? Do their lawyer selection preferences and legal expenditures vary across different Chinese companies, and if so, what institutional and firm-specific factors may explain the variations? This chapter answers these crucial yet unexplored questions within the dual institutional framework.
Despite escalating geopolitical rivalry, the US and China continue to be economically intertwined. Numerous Chinese companies have made substantial investments in the US and are reluctant to exit this strategically important market. While the global expansion of Chinese companies has ignited intense policy and academic debates, their interactions with complex host-state legal systems have largely escaped systematic examination. To fill this knowledge gap, Negotiating Legality introduces a dual institutional framework and applies it to analyzing extensive interviews and multi-year survey data, thereby shedding light on how Chinese companies develop in-house legal capacities, engage with US legal professionals, and navigate litigation in US courts. As the first comprehensive investigation of these crucial topics, this book is indispensable for anyone interested in China's rise, its global impacts-especially on legal systems of developed nations like the US-and the intricate dynamics of US-China relations.
Public interest lawyers seek to empower clients through collaborative approaches to direct representation that redistribute legal knowledge and affirm clients’ agency; however, the legal settings in which attorneys operate shape their capacity to subvert dynamics they consider oppressive. Based on twenty months of ethnographic fieldwork at a legal nonprofit serving asylum seekers in Los Angeles, this study explores how the broader environment of a restrictive immigration system transforms the aspirations, possibilities, and strategies of public interest lawyering. Drawing from sociolegal literature on cause lawyers, access to justice, and the U.S. immigration system, the article argues that the politicization of the U.S. immigration bureaucracy destabilizes foundational legal norms, hindering the agenda of public interest attorneys. Procedural formalism constitutes one of the only resources at attorneys’ disposal, yet here it often impedes lawyers’ ability to disrupt perceived power hierarchies. Specifically, the prevalence of complex legal procedures that obstruct access to asylum reconfigures opportunities to uplift clients. These findings illuminate how hostile legal settings strain lawyers. They also contribute to timely debates around how attorneys protect access to justice and advance meaningful social transformation.
In this article, which expands on a lightning talk that was delivered at the BIALL Conference 2023, Lauren Cummings discusses how she developed and delivered a commercial awareness workshop to third-year students at Goldsmiths, University of London. She then reflects on how employability training relates to information skills and how developing these skills can help students from less advantaged backgrounds achieve their career goals. Lauren also discusses how employability work might fit into the role of the academic law librarian.
Judiciary and litigation are the two most prominent types of activities within the legal profession. The judicial aspect of the profession entails the interpretation of laws and the administration of justice in a fair and impartial manner. As a concept, justice entails protecting society from offenders and evildoers who deviate from society’s norms and engage in illegal behaviour by punishing and sentencing them. Due to the predominance of the human factor in the legal profession, which has such a significant impact on the lives of all members of society, it is crucial to investigate whether there is a guiding force behind dispensing justice and, if so, how effective these guidelines or policy measures have been. As crime rates rise and societal standards fall in the contemporary era, the legal profession grapples with the complexities of modern criminal behaviour. Particularly in the realm of judicial sentencing, there is a need for guidelines that account for the diversity of crimes and their individualistic nature. In India, long pungencies in court cases and a decline in the State’s conviction rate further exacerbate these issues. This paper examines the pressing need for comprehensive, well-structured sentencing guidelines that promote transparency, fairness and efficiency in the judicial process. Through a detailed review of recent high-profile court cases and an analysis of current practices and policies, this paper highlights the urgency of reform in the sentencing process to enhance public trust in the legal system. This article provides additional information on the subject.
The modern professional world of international adjudication bears little trace of the ‘invisible college’ theorized by Oscar Schachter 50 years go. Instead, it has become a social field marked by a fierce competition among actors possessing unequal skills and influence. Moving from these premises, this article unravels the socio-professional dynamics of the community of legal experts – judges, arbitrators, government agents, private counsel, court bureaucrats, specialized academics, etc. – dealing with the judicial settlement of international disputes on a daily basis. On the one hand, the community has developed a specific set of social structures, practices, and dispositions that distinguish it from the rest of the international legal profession and insulate its activities from outside interference. On the other, it is the site of an endless struggle among its participants, who deploy various forms of capital to consolidate their positions relative to one another. Having outlined the twofold structure of the community – externally autonomous and internally conflictive – the article reflects on how co-operation and competition affect the everyday unfolding of international judicial proceedings and the production of legal outcomes at the international level.
The legal professions in Asia are a plural concept. Many Asian countries are civil law jurisdictions in which lawyers, judges, and prosecutors are separately licensed. Even in common law jurisdictions, lawyers rarely are a homogeneous group. Moreover, there are paralegal or unauthorized occupational groups that parallel the profession of lawyers. The meaning of being a “lawyer” in Asia, therefore, is often more complex and controversial than in North American or European contexts. The different types of legal professions range from barristers and solicitors in Hong Kong and unified legal professions in other former British colonies, to Continental-style judges and prosecutors in Japan, Korea, and Taiwan, Soviet-style “iron triangles” of police, procurators, and judges in China and Central Asia, and to unlicensed “barefoot” lawyers across the continent. This chapter provides an overview of the plurality of legal professions and their demographic and sociological characteristics. It goes on to highlight the legal service market, demonstrating the connections between lawyers and different kinds of clients and practice areas, and the interactions between the legal professions, judicial system, and state. The chapter concludes with readings on the role of lawyers in transforming the state—and the impact of state transformations on lawyers themselves.
New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand – or curtail – access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system – and provides grounded advice for a sensible path forward. This book is available as Open Access on Cambridge Core.
The Tudor and Stuart inns of court were major centres of learning and literature, as well as professional associations of practising lawyers. This book sketches the evolution of the inns from their medieval origins and traces the dramatic impact of the societies' rapid expansion through the Elizabethan era and beyond. Prest's comprehensive study based on original sources surveys the structure and functions of the inns, outlining key aspects, from tensions between junior and senior members to the nature and effectiveness of their educational role. Its lively prose locates the inns within the cultural, political, religious, and social context of Shakespearean and pre-civil war England. This corrected and revised second edition of a classic work addresses recent scholarship on the early modern inns of court and includes a new chapter introducing the book to twenty-first-century readers.
‘ The inns of court man that never was studient’ argues that the contemporary stereotype of the idle and dissolute young inns of court gallant with more interest in playgoing than reading law reports, while doubtless exaggerated for moral and satirical effect, is corroborated by an abundance of biographical evidence.It also reflects two prime causes of student delinquency and disinclination for legal studies: lack of supervision and the intractability of the common law as a subject of study. ‘Guides to Method’ surveys the legal literature available to students, concluding that it offered little assistance to those attempting to navigate the law’s complexities. ‘Lay and Professional Legal Knowledge’ emphasises the gulf between the practising barrister’s expertise and the kinds of legal knowledge which most laymen were likely to need or possess.
Yet members acquired and exercised a remarkably wide range of non-legal accomplishments and skills. ‘Accomplishments and the Decline of Creativity’ argues that the inns did little to encourage such activities, especially after c.1615. ‘Varieties of Learning’ surveys the remarkably diverse intellectual life of the early modern inns, while the closing section ‘Achievements, Failures, Prescriptions’ evaluates their diverse roles as educational institutions, and the few contemporary proposals for their reform.
This chapter maps the continued presence of Roman Catholics at the inns of court, from the accession of Elizabeth and her protestant church settlement of 1559 to the eve of the civil war. ‘Survival and Resurgence’ shows that besides a significant remnant of Catholic lawyerswho had held firm to their traditional beliefs and successfully resisted conformity to the new dispensation, the 1570s saw the arrival of missionary priests charged with reviving the old faith. Besides supporting existing Catholics, they sought new adherents among the gentlemen students of the inns of court, as a vital step towards freeing the country from heresy.
Notwithstanding a battery of increasingly restrictive measures aimed at excluding Catholics from the inns, ‘Quietism and Survival’ shows that papists continued to be admitted and even promoted to the bar and bench. But the anticipated flood of well-born converts did not eventuate, and in the early seventeenth century the failure of Gunpowder Plot saw a more relaxed and tolerant attitude towards Catholics, at the inns as elsewhere, on the part of both government and the inns’ rulers. While both pragmatic and commendably tolerant, this policy stance underestimated the political potency of anti-popish paranoia among the population at large.
After an introductory excursus on the concept of the inns as early modern England’s third university, this chapter outlines the form of legal instruction which they provided by means of oral ‘learning exercises’, notably case-putting in moots and other exercises involving the argument of hypothetical cases in law,and ‘readings’ or lectures at both the inns of court and chancery.
The second section (‘The State of the Learning Exercises to 1640’) considers the supposed decline in the performance of exercises. It argues that even though they may have been rendered largely obsolete by the advent of the printed law-book, there is little to suggest that they were not generally performed in a conscientious and regular fashion before the outbreak of the civil war. But it was one thing to preserve the system as a going concern, quite another to revive it after the disruptions of the 1640s and ‘50s.
After outlining the motivation for a second edition, this opens with a brief account (‘Origins’) of how the book first came to be written and published. It then proceeds to discuss (‘Continuities and Changes’) the 1960s-early ‘70s historiographical context in which it was created and its positive reception on first publication. Some criticisms, questions and suggestions raised by readers and reviewers are also outlined and discussed. The following section (‘New Ways and New Work’) canvasses the impact of the digital revolution on scholarship in the humanities and social sciences, together with the burgeoning of specialised research, and explains how the large body of new work bearing on the history of the early modern inns has been accommodated in the following text.The final section (Future Directions) looks at challenges and opportunities for further research on the inns, addressing a wide range of questions and topics of interest to both general and legal historians.