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Vol 21 No 11 Nov/Dec 2016

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Revolution and the Making of the Contemporary Legal Profession: England, France and the United States


ISBN13: 9780199282982
ISBN: 0199282986
Published: March 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00



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The revolutions of France, the United States, and England each inspired dreams of creating legal institutions that did not depend on specialist intermediaries, and, in different ways, provoked attacks on the existing rules and government of the legal profession more widespread and severe than at any other time in their history.

These dreams came to naught and, sooner or later, the professions recovered, but their revolutionary experiences nevertheless had a lasting impact on their subsequent organization, and help to explain why three previously convergent professions should diverge as their societies industrialised.

The social upheaval of industrialization may also help to explain many of their peculiarities down to the present day: why, for instance, French advocates imposed such strict ethical obligations on themselves, from which they were only released by the state in 1992, why American lawyers should be the first to be at ease in the market, but faced intractable problems of professional self-government, why two professions should emerge in England, both with a high degree of self-government, and both long indifferent to law schools and to the market for legal services.

Since lawyers were the first occupation to organize as a profession, this insightful comparative inquiry then asks what their experience might tell us about other organized occupations in these three societies, and the difference between their educational institutions, their division of labour, their civil societies and lesser forms of government, and about the ways they have been stratified and formed classes.

  • A comparative study of revolution and civil society
  • Documents and explains the major differences in the history, rules, and institutions of three major legal professions

Subjects:
Legal History, Professional Conduct and Ethics
Contents:
1 Investigating a Fateful Encounter
Utopian Ideals and Revolutionary Practice
Two Contested and Honorific Concepts - Revolution and Profession
Why Do Professionals Behave the Way They Do?
What Have They Actually Done, or Tried To Do?
The Framework of the Investigation, the Evidence and its Presentation
2 Ideal and Myth in the Lives of French Advocates;
The Formation of a State and of a Profession
Reconsidering the 'Triumph of the Professionals'
...And the 'Demise' of Advocates Before the Revolution
The Original Revolutionary Design: Act I
Terror and Thermidor: Act II
Napoleon's Selections, Innovations, and Synthesis: Act III
Return of the Advocates and Their Orders
Why was the Profession Destroyed?
Cycles of Constitutionalism, Repression, and Revolution
Bourbon Beginnings 1815 - 30
Orleanist Reprise 1830 - 48
Napoleanic Coda 1848 - 70
The Original Revolutionary Design Re-Enacted, Paris 1871
Marx's Nightmare and Tocqueville's Theatre
A Protracted and Reluctant Return to Normalcy
Schools, Stage, and Invisible Barriers
A Jurisdiction Defined by Incompatibilités and Plaidoiries
Alter Ego Tries to Change Advocates' Behaviour
Three Threats to Absolute Independence
An Anachronistic Sense of Humour
Myth and Irony in the Career of a Super-Profession
3 Practitioners vs. Legislators and Professors in the United States;
A Journey from Utopia Back to England - Lawyers in the Colonies
The Revolution Controlled, for the Most Part
The Massachusetts Electorate Interprets the Revolution
Other States, Other Interpretations
Removing Restrictions on Legal Practice
The Collapse of Bar Associations and the Philadelphia Exception
Elected Judges and Codes Complete Americanization
Was it Capitalism, the Frontier or the Revolution?
Three Stages of Reconstruction
What had Changed During the Interregnum?
Practitioners vs. Professors and Legislators
Practitioners Search for an Effective Form of Government
An Undependable Ally: the Judiciary
Aother Undependable Ally: the Law Schools
Explaining Unethical and Innovative Behaviour
An Asymmetrical and Ever-Expanding Jurisdiction
How a 'Body' Became a Ladder
Failure or Success? Some Clues from Philadelphia
4 Learned Friends and Gentlemen in England - Beneficiaries of the Glorious Revolution;
Confused Candidates in a Marketplace
Strange Bodies - the Inns Before the Revolution
The Trauma and the Tremor
Searching the Inns and the Courts
Explaining the Failure of the Revolutionary Movement
An Infrastructure of Absolutism is Created by Writs
...And Destroyed by 'the Greatest Thing Done by the English Nation
The Medieval Corporation then Advances into the Modern World
Pupillages and Articles
Hedges, Honour and Markets
Little Republics, Little Commonwealths
Spinning Webs of Mutual Restraint
Status Rivals and Allies
Industrialization, Democracy, and the Unwritten Constitution
Is Professional Power an Adequate Explanation?
Thatcher and a Turbulent Tercentenary
The Discrediting of Self-Governing Communities
5 Comparing Professions and Societies;
The Kinship of Old Regime Lawyers
Facing Common Revolutionary Aspirations
Diverging Paths into the Modern World
An Unmistakeable and Inconvenient Conclusion
An Ancien Régime Guide to French Modernity
A Slice of the American Dream
M'Learned Friends Illustrate Englishness

Series: Oxford Socio-Legal Studies

Law as a Social System ISBN 9780199546121
Published June 2008
Oxford University Press
£35.99
£27.99
Coercion to Compromise Plea Bargaining, the Courts, and the Making of Political Authority ISBN 9780195101744
Published November 2007
Oxford University Press
£73.00
Law as a Social System
Niklas Luhmannformer Emeritus Professor of Sociology, Bielefeld University, Germany
ISBN 9780198262381
Published July 2006
Oxford University Press
Price on Application
English Lawyers Between Market and State
Richard L. AbelConnell Professor of Law, University of California, Los Angeles, USA
ISBN 9780198260332
Published July 2005
Oxford University Press
£120.00
Regulating Commercial Gambling: Past, Present and Future ISBN 9780198256724
Published September 2004
Oxford University Press
£99.00
Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency
Keith HawkinsReader in Law and Society, and Fellow and Tutor in Law, Oriel College, University of Oxford
ISBN 9780199243884
Published April 2004
Oxford University Press
£95.00
Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency
Keith HawkinsReader in Law and Society, and Fellow and Tutor in Law, Oriel College, University of Oxford
ISBN 9780199243891
Published April 2004
Oxford University Press
£38.99
Accountability: A Public Law Analysis of Government by Contract
A. C. L. DaviesFellow, All Souls College, Oxford
ISBN 9780198299486
Published July 2003
Oxford University Press
£78.00
English Lawyers Between Market and State ISBN 9780198260349
Published March 2003
Oxford University Press
£53.00
A General Jurisprudence of Law and Society ISBN 9780199244676
Published July 2002
Oxford University Press
£29.49
A General Jurisprudence of Law and Society
Brian Z. TamanahaProfessor of Law, St John's University School of Law, New York, USA
ISBN 9780199244669
Published July 2002
Oxford University Press
Price on Application
Cause Lawyering and the State in a Global Era ISBN 9780195141177
Published January 2002
Oxford University Press
£19.49
The Justice of Islam
Lawrence RosenProfessor and Chair of Anthropology, and Adjunct Professor of Law, Columbia University, USA
ISBN 9780198298847
Published December 2001
Oxford University Press
£83.00
Realistic Socio-legal Theory: Pragmatism and a Social Theory of Law
Brian TamanahaAssistant Professor, St John's University School of Law, New York, USA
ISBN 9780198298250
Published July 2001
Oxford University Press
£38.99
World Jury Systems
Edited by: Neil Vidmar
ISBN 9780198298564
Published December 2000
Oxford University Press
£89.00
Regulating Workplace Safety: Systems and Sanctions ISBN 9780198268246
Published October 2000
Oxford University Press
£95.00
The Justice of Islam ISBN 9780198298854
Published February 2000
Oxford University Press
£38.99
Smart Regulation: Designing Environmental Policy ISBN 9780198268574
Published December 1999
Oxford University Press
Out of print
Just Lawyers: Reguation and Access to Justice ISBN 9780198268413
Published December 1999
Oxford University Press
£95.00
Compliance, Regulation and Environment ISBN 9780198264750
Published February 1999
Oxford University Press
£73.00
Cause Lawyering: Political Commitments and Professional Responsibilities
ISBN 9780195113204
Published October 1998
Oxford University Press
£51.00
Small Claims in the County Courts in England and Wales
John BaldwinProfessor of Law and Director of the Institute of Judicial Administration, University of Birmingham
ISBN 9780198264774
Published June 1998
Clarendon Press
£79.00
Realistic Socio-legal Theory: Pragmatism and a Social Theory of Law
Brian Z. TamanahaAssistant Professor, St John's University School of Law, New York, USA
ISBN 9780198265603
Published May 1998
Oxford University Press
Price on Application
Sexually Transmitted Debt: Surety Experience and English Law ISBN 9780198264736
Published December 1997
Clarendon Press
£69.00
The Oldest Social Science? Configurations of Law and Modernity ISBN 9780198265597
Published October 1997
Oxford University Press
£61.00
Rules and Regulators
Julia BlackLecturer in Law, London School of Economics
ISBN 9780198262947
Published August 1997
Clarendon Press
£58.00
Housing Homeless Persons
Ian LovelandSenior Lecturer in Law, Queen Mary and Westfield College, University of London
ISBN 9780198258766
Published June 1997
Oxford University Press
£67.00
Law's Community: Legal Theory in Sociological Perspective
Roger CotterrellDean of the Faculty of Laws, Queen Mary and Westfield College, University of London
ISBN 9780198264903
Published June 1997
Oxford University Press
£44.49
Rules and Government ISBN 9780198264897
Published June 1996
Clarendon Press
£24.99
Wills, Inheritance and Families ISBN 9780198258346
Published March 1996
Oxford University Press
£73.00
The Social World of an English Crown Court: Witnesses and Professionals in the Crown Court Centre at Wood Green
Paul RockProfessor of Sociology, London School of Economics
ISBN 9780198258438
Published May 1995
Oxford University Press
£95.00
Families, Politics and the Law ISBN 9780198258100
Published April 1995
Oxford University Press
£90.00
(Second Hand)
Responsive Regulation: Transcending the Deregulation Debate
Ian AyresResearch Fellow, American Bar Foundation and Professor of Law, Stanford University, USA, John Braithwaite
ISBN 9780195093766
Published April 1995
Oxford University Press
£25.49
The Uses of Discretion
Edited by: Keith Hawkins
ISBN 9780198259503
Published February 1995
Oxford University Press
£33.99
Reservation of Title Clauses: Impact and Implications ISBN 9780198257370
Published January 1992
Oxford University Press
£100.00