Description
Book SynopsisThis book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.
Trade ReviewLawyers and the Rule of Law is worth reading … the book has a respect for its subject – almost a reverence – which in this age of ‘polycrises’ is good to see. It engages and stimulates; it is not anodyne; it challenges us. -- John Flood * Journal of Law and Society *
Table of Contents1. Lawyers and the Rule of Law
PART 1 GOVERNMENT 2. Revolution 3. Constitution 4. Execution 5. Institution
PART 2 PRACTICE 6. Identity 7. Individuality 8. Legality 9. Morality
PART 3 PROFESSION 10. Organisation 11. Regulation 12. Representation 13. Incrimination
PART 4 FUTURES 14. Professionalism 15. Corporatocracy 16. Globalisation 17. Democracy 18. Epilogue
