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Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Change

Edited by: Terence C Halliday, Lucien Karpik, Malcolm M. Feeley

ISBN13: 9781841137674
Published: December 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781841137681



Despatched in 13 to 15 days.

Across the world political liberalism is being fought for, consolidated and defended. Nations that have never enjoyed a liberal political society are constrained or inspired to do create one by international institutions; nations that have advanced towards and then retreated from political liberalism are pressed to regain lost ground; nations that have recently shifted from authoritarian to liberal political systems are encouraged to lock in the transition through institutions and constitutions, and mature democracies are being encouraged to recover diminished freedoms in the face of terrorism and domestic conflict.

This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but they frequently can be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some sixteen case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally-trained occupations, centered on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.

Subjects:
Public International Law
Contents:
1. The Legal Complex and Struggles for Political Liberalism
Terence C Halliday, Lucien Karpik and Malcolm M Feeley
Part One: Asia
2. Law and the Liberal Transformation of the Northeast Asian Legal Complex in Korea and Taiwan
Tom Ginsburg
3. Birth of a Liberal Moment? Looking Through a One-Way Mirror at Lawyers’ Defence of Criminal Defendants in China
Terence C Halliday and Sida Liu
4.‘Dissolving the People’: Capitalism, Law and Democracy in Hong Kong
Carol Jones
5. The State, Civil Society, and the Legal Complex in Modern Japan: Continuity and Change
Malcolm M Feeley and Setsuo Miyazawa
Part Two: Middle East
6. Mobilising the Law in an Authoritarian State: The Legal Complex in Contemporary Egypt
Tamir Moustafa
7. Reluctantly Sailing Towards Political Liberalism: The Political Role of the Judiciary in Turkey
Zühtü Arslan
8. The Ambivalent Language of Lawyers in Israel: Liberal Politics, Economic Liberalism, Silence and Dissent
Gad Barzilai
Part Three: The Americas
9. The Legal Complex and the Response to Police Violence in South America
Daniel M Brinks
10. When the ‘Political Complex’ takes the Lead: The Configuration of a Moderate State in Chile
Javier A Couso
11. Lawyers and Political Liberalism in Venezuela
Rogelio Perez Perdomo
12. Contesting Legality in the United States after September 11
Richard L Abel
Part Four: Europe
13. Politicising Law to Liberalise Politics: Anti-Francoist Judges and Prosecutors in Spain’s Democratic Transition
Lisa Hilbink
14. Lawyers and Statist Liberalism in Italy
Carlo Guarnieri
Postscript
15. Political Lawyers
Lucien Karpik

Series: Onati International Series in Law and Society

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