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.
Contents
Introduction
1. Tamara Butter, Scott Cummings, Sergio Anzola & Ole Hammerslev, Toward a Sociology of Legal Ethics
Theories and Approaches
2. Julian Webb, Legal Ethics and the Moral Economy of Legal Practice
3. Susan Bartie, Biography, Legal Ethics and the Climate Crisis
4. Trevor Clark, Understanding the Nuances of Big Law Ethics: The Speciality Specific Approach
5. Seda Kalem, Ethics of Feminist Lawyering in Turkey
6. Richard L. Abel, Empirical Legal Ethics: Learning from Disciplinary Cases
Institutionalization of Legal Ethics from Above
7. Ann Southworth, Integrating Empirical Perspectives into Legal Ethics Education
8. Ezgi Özlü, “Discipline and Punish?” The Role of the Abuse of the Right of Individual Application for Building Ethical Standards for Lawyers
9. Jonathan Klaaren, The Institutionalization of Legal Ethics in South Africa: The Double Movement of Profession and Education
10. Ka Lok Yip, Disciplinary Power: “Runners,” Cause Lawyering and the Demonization of Phil Shiner
Legal Ethics from Below
11. Katie Murray, The Professional Ethics of Christian Lawyers in Australia
12. Stefania Adriana Bevilacqua, Common Ethical Standards for Defenders before the Court of Justice of the European Union
13. Sergio Anzola, Colombia’s Legal Defense before the Inter-American Court of Human Rights: Who Is the Client and Who Is the Lawyer?
14. Susana Santos, Hybrid Agency in a Boundary-Blurring Space: The Development of an (Inter)national Legal Market in Cabo Verde and Mozambique
15. Nienke Doornbos & Arnt Mein, Professional Ethical Dilemmas of Government Lawyers
16. Karina Murray, Dual or Dueling Identities: Developing an Ethical Professional Identity as Lawyer and Director
17. Lynn Mather & Leslie C. Levin, “Who’s the Fairest One of All?” The Construction of Ethical Hierarchy in the Legal Profession
Meeting Global Challenges
18. Bruce A. Green & Rebecca Roiphe, Prosecutors’ Independence
19. Christopher Whelan, Lawfare, the Rule of Law and Lawyers’ Ethics
20. Eli Wald, The Role of Lawyers in Mature Democracies When the Rule of Law Is Under Attack
21. Jessica A. Roth, The Legal Profession and Climate Change
22. Maria da Gloria Bonelli, The Professional Ecology of Lawyers, Legal Ethics, and Democratic Backsliding in Brazil
23. Adrienne Sala, Legal Ethics, Social Justice and the Transformative Role of Japanese Lawyers
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