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The Introduction examines the emergence and development of law and literature as an interdisciplinary field, while highlighting the ways in which eighteenth-century studies has contributed to and been shaped by the enterprise. Over the past twenty-five years, scholars have examined numerous connections between the era’s legal and literary discourses, emphasizing the formal complexities of both legal and literary texts. The chapters in this volume build upon and extend this body of work, taking up topics including the nature of legal and literary interpretation, the role of legal rhetoric in Britain’s industrial economy, the desire for and resistance to law during public health crises, the regulation of the legal profession, the emergence of the modern judicial decision, the place of law in Britain’s expanding empire, and the role of law in maintaining and rectifying gendered, racial, religious, and class-based inequalities. The Introduction presents an overview of these case studies, reflects on themes running through the volume, and offers suggestions for future work in the field.
In the eighteenth century, the practice of law was not a self-governing profession in the modern sense. Many lawyers and judges lacked specialized knowledge and formal training, and only a few were subject to regulation or oversight. This chapter examines how Henry Fielding grapples with the consequences of this undisciplined, undereducated, and ethically unmoored legal culture in Tom Jones (1749). Fielding derides the inadequacies of the period’s legal order by featuring magistrates and attorneys whose primary characteristics are intellectual incompetence, poor judgment, and moral corruption. Yet he also proposes a remedy to the law’s limitations. Drawing from moral philosophies circulating in the mid eighteenth century, Fielding implicitly advocates for a professional system that fosters its representatives’ innate moral virtues and enforces a stable but flexible code of ethics. His proposal has relevance for today’s legal profession, which is likewise susceptible to charges of ineffectiveness, injustice, and unfairness.
The law underwent significant changes in eighteenth-century Britain as jurists and legislators adapted doctrines to fit the needs of an increasingly commercial, industrial, and imperial society. This volume reveals how legal developments of the period shaped and were shaped by imaginative writing. Reading canonical and lesserknown texts from the Restoration to the Romantic era, the chapters explore literary engagements with libel law, plague law, marriage law, naturalization law, the poor laws, the law of slavery and abolition, and the practice of common-law decision-making. The volume also considers the language and form of legal treatises and judicial decisions, as well as recent appropriations of the period's literature and legal norms by the Christian right. Through these varied case studies, the volume deepens our knowledge of law and literature's mutual entanglements in the long eighteenth century while shedding light on legal and ethical questions that remain of concern to this day.
For decades, American lawyers have enjoyed a monopoly over legal services, built upon strict unauthorized practice of law rules and prohibitions on nonlawyer ownership of law firms. Now, though, this monopoly is under threat-challenged by the one-two punch of new AI-driven technologies and a staggering access-to-justice crisis, which sees most Americans priced out of the market for legal services. At this pivotal moment, this volume brings together leading legal scholars and practitioners to propose new conceptual frameworks for reform, drawing lessons from other professions, industries, and places, both within the United States and across the world. With critical insights and thoughtful assessments, Rethinking the Lawyers' Monopoly seeks to help shape and steer the coming revolution in the legal services marketplace. This title is also available as open access on Cambridge Core.
Last year Unmind, the workplace wellbeing platform, undertook a study to assess organisational culture and performance in the legal sector in the UK and the US. It was based on responses from over 4400 participants across nine mid-size law firms. Building on the results of the survey, it quantified the financial impact of poor mental health, identified growth areas, and analysed differences in workplace wellbeing and attrition risk by gender, age and professional role. It went on to use these insights to provide high-level recommendations to support performance, mental health and innovation within the sector. Here LIM summarises some of its findings.
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.