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Vol 22 No 8 August/Sept 2017

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Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
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Professors of the Law: Barristers and English Legal Culture in the Eighteenth Century


ISBN13: 9780198207214
ISBN: 0198207212
Published: November 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £157.50



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What happened to the culture of common law and English barristers in the 18th century? In this 'sequel' to Gentlemen and Barristers: The Inns of Court and the English Bar, 1680-1730, David Lemmings anatomizes the barristers and their world and also explores the popular reputation and self-image of the law and lawyers in the context of declining popular participation in litigation, increased parliamentary legislation, and the growth of the imperial state.

The author shows how the bar survived and prospered in a century of low recruitment and declining work, but failed to fulfil the expectations of an age of Enlightenment and Reform.

By contrast with the important role played by the common law, and lawyers, in 17th-century England and in colonial America, it appears that the culture and services of the barristers became marginalized as the courts concentrated on elite clients, and parliament became the primary point of contact between government and population.

Subjects:
Legal History
Contents:
I. INTRODUCTION: TWO STORIES OF THE LAW
Historians, the Law, and Eighteenth-Century Society
Another Story of the Law: the Reputation of Lawyers and the Courts
II. THE WORK OF THE BAR AND WORKING LIFE
Advocacy and Pleading: The Shape of Barristers Work
Counselling and Conveying
Everyday Life
III. BARRISTERS AND PRACTISERS: NUMBERS AND PROSPECTS
Barristers and Non Practisers
Practisers: Supply and Demand
The Characteristics of Litigation: A Crisis in Westminster Hall?
Prospects for Barristers: Keeping Life Going
IV. GENTLEMEN BRED TO THE LAW: INDUCTION AND LEGAL EDUCATION
Motives and Qualifications: Hopes and Dreams
The Failure of Institutions: Education at the Universities and the Inns
A Dry and Disgusting Study: Learning the Law
A Cultural Challenge?
V. PRACTICE AT THE CENTRE: WESTMINSTER HALL AND ITS SATELLITES
Starting Out: Launching A Practice
Winners and Losers: The Distribution of Work in Westminster Hall
Getting On: Practices, Fees, and Incomes
VI. PRACTICE AT THE MARGINS: THE OLD BAILEY AND THE COLONIES
Tribunes of the People: The Old Bailey Bar Law, Lawyers, and
Ireland and America: Colonial Bars and Barristers
Law, Lawyers, and 1776: Contrasting American Attorneys and English Barristers
VII. ADVANCEMENT AND INDEPENDENCE
Rank and Status at the Inns of Court: Internal Promotion
Patronage, Politics, and Office: External Promotion
Serving the State? The Independence of Bar and Bench
VIII. CONCLUSION: THE CULTURE OF THE BAR AND THE RECESSION OF THE COMMON LAW
Collective Life and Rituals 24. Self-Images: Collective Self-Esteem and Legitimating Concepts
Self-Images: Collective Self-Esteem and Legitimating Concepts
Consequences? : The Failure of the Bar and Recession of the Common Law
Appendix A: Methodology and Biographical Notes for Barrister Samples, 1719-21 and 1769-71
Appendix B: A Prescription for Educating a Barrister, 1736
Appendix C: Leading Counsel In Kings Bench, Exchequer, Common Pleas, and Chancery, 1720, 1740, 1770, 1790
Appendix D: A Junior Barrister's Complaints about the Selection and Advantage of King's Counsel, 1750