Situating legal ethics in relation to classical sociology of law themes, this astute Research Handbook investigates ethics as a contested set of professional rules designed to protect clients and serve the public, revealing how they operate in action to shape lawyers' relation to state and market power.
Expert authors discuss how legal ethics can reflect and legitimate structural inequalities in the legal profession and wider society, exploring their institutionalization within specific social and political contexts. They assess the consequences of ethics enforcement on stratification and access to justice, as well as the influence of ethics in larger conflicts over democracy, authoritarianism, and the rule of law. The Handbook presents a broad range of global perspectives through empirical studies covering the institutionalization of legal ethics in South Africa, feminist lawyering in Turkey, the ethics of Christian lawyers in Australia, and the development of professional standards in European courts. Based on this innovative work, it proposes a framework for understanding the sociology of legal ethics that distinguishes it from other research bodies in the field by placing the social role of ethical rules and their enforcement at the centre of study.
Scholars and students of law and society, legal ethics, sociology and sociological theory will greatly benefit from this compelling Research Handbook. Providing an overview of how lawyers understand and practice ethics in their daily work lives, it is also an essential resource for practitioners and policymakers in the legal profession.
Rezensionen / Stimmen
'The Research Handbook on the Sociology of Legal Ethics is a landmark contribution to the study of legal ethics. With its comprehensive coverage of foundational topics, from global challenges and institutional dynamics to complex professional dilemmas in lawyers' workplaces, this Handbook offers an unparalleled synthesis of theoretical and empirical insight. Its outstanding group of contributors, each a leader in their field, ensures this volume will be an indispensable resource for scholars and legal practitioners alike.' -- Sida Liu, The University of Hong Kong
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Verlagsort
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Höhe: 244 mm
Breite: 169 mm
ISBN-13
978-1-80088-055-9 (9781800880559)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Edited by Scott L. Cummings, Professor of Law, UCLA School of Law, USA, Tamara Butter, Assistant Professor at Amsterdam Law School, University of Amsterdam, the Netherlands, Ole Hammerslev, Professor and Head of Department, Department of Law, University of Southern Denmark and Sergio Ivan Anzola Rodriguez, Adjunct Professor, Universidad de los Andes, Columbia
Contents
PART I INTRODUCTION
1 Toward a sociology of legal ethics 2
Tamara Butter, Scott Cummings, Sergio Anzola and Ole Hammerslev
PART II THEORIES AND APPROACHES
2 Legal ethics and the moral economy of legal practice 18
Julian Webb
3 Biography, legal ethics and the climate crisis 37
Susan Bartie
4 Understanding the nuances of big law ethics: the specialty-specific approach 53
Trevor Clark
5 Ethics of feminist lawyering in Turkey 68
Seda Kalem
6 Empirical legal ethics: learning from disciplinary cases 83
Richard L. Abel
PART III INSTITUTIONALIZATION OF LEGAL ETHICS FROM ABOVE
7 Integrating empirical perspectives into legal ethics education 99
Ann Southworth
8 "Discipline and punish?" The role of the abuse of the right of individual
application for building ethical standards for lawyers 113
Ezgi OEzlue
9 Common ethical standards for defenders before the Court of Justice of the
European Union 130
Stefania Adriana Bevilacqua
10 The institutionalization of legal ethics in South Africa: the double movement
of profession and education 146
Jonathan Klaaren
PART IV LEGAL ETHICS FROM BELOW
11 Disciplinary power: 'runners', cause lawyering and the demonization of Phil
Shiner 161
Ka Lok Yip
12 The professional ethics of Christian lawyers in Australia 177
Katie Murray
13 Colombia's legal defense before the Inter-American Court of Human Rights:
who is the client and who is the lawyer? 198
Sergio Anzola
14 Hybrid agency in a boundary-blurring space: the development of an (inter)
national legal market in Cabo Verde and Mozambique 214
Susana Santos
15 Legal ethics, social justice and the transformative role of Japanese lawyers 235
Adrienne Sala
16 Professional ethical dilemmas of government lawyers 259
Nienke Doornbos and Arnt Mein
17 Dual or duelling identities: developing an ethical professional identity as
lawyer and director 277
Karina Murray
PART V MEETING GLOBAL CHALLENGES
18 "Who's the fairest of them all?" The construction of ethical hierarchy in the
legal profession 305
Lynn Mather and Leslie C. Levin
19 Prosecutors' independence 322
Bruce A. Green and Rebecca Roiphe
20 Lawfare, the rule of law and lawyers' ethics 346
Christopher Whelan
21 The role of lawyers in mature democracies when the rule of law is under attack 368
Eli Wald
22 The legal profession and climate change 393
Jessica A. Roth
23 The professional ecology of lawyers, legal ethics, and democratic backsliding
in Brazil 411
Maria da Gloria Bonelli
