In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

George Fox, founder of the Religious Society of Friends, admonished his followers against "going to law." In this fascinating, wide-ranging book, a Quaker lawyer explores the relationship between Quakers and the American legal system and discusses Friends' legal ethics. A highly influential group in the US both for their spiritual ideals of harmony, equality and truth-telling and for their activism on many causes including abolition and opposition to war, Quakers have had many noteworthy interactions with the law. Nancy Black Sagafi-nejad sketches the history and beliefs of the early Quakers in England and America, then goes on to look at important twentieth century constitutional law cases involving Quakers, many involving civil rights issues. Sagafi-nejad's survey of 100 Quaker lawyers shows them to be at odds with the adversarial system and highlights a legal practice which must balance truth-telling and zealous advocacy. The Quaker development of extra-legal dispute resolution to solve debates amongst Friends is discussed along with a look at the possible future of mediation.

The book examines the experiences and struggles of East African Healthcare Professionals in their pursuit for labour market integration in the United Kingdom under the Tiered Points Based System – a labour migration programme. Probing the managed migration policy, migration governance and migrant rights, it provides useful context information on the East African sending states, the United Kingdom and the migration of essential healthcare sector workforce. It critiques the fallacy of relying on strict categories when examining labour migration where migrants performing various roles are classed as highly or low skilled. The interdisciplinary study probes the migration-development nexus and the role of law in shaping migrants’ rights experiences. The study is guided by critical theories on law and race. The key findings include tracing the historical evolution of the Points Based System in a racialised context with civic stratification and differentiation practices aimed at non-European migrants. Relying on the socio-legal concept of legal consciousness, the book analyses East African migrant workers’ lived experiences with different facets of law under Britain’s managed migration policy and their responses thereto. It expounds on migrant workers’ strategies of claiming rights and struggles against differentiation practices such as rights restrictions, racialization and manoeuvring precarious legal status. Depending on the available political and legal opportunities including mobilizing and strategic litigation in collaboration with civil society, migrants’ rights-claiming involves invoking international human rights norms as part of migrants’ circulating transnational legal consciousness. The book concludes with a discussion on migrants’ rights claims and organization of lives within the constraints of exclusionary and a times hostile migration policy and legislation.

Until recently, many of Missouri’s legal records were inaccessible and the existence of many influential, historic cases was unknown. The ten essays in this volume showcase Missouri as both maker and microcosm of American history. Some of the topics are famous: Dred Scott’s slave freedom suit, Virginia Minor’s women’s suffrage case, Curt Flood’s suit against professional baseball, and the Nancy Cruzan “right to die” case. Other essays cover court cases concerning the uneasy incorporation of ethnic and cultural populations into the United States; political loyalty tests during the Civil War; the alleviation of cruelty to poor and criminally institutionalized children; the barring of women to serve on juries decades after they could vote; and the creation of the “Missouri Court Plan,” a national model for judicial selection.

Legal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers’ Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice. The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, Lawyers ’Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship.

This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.

This book considers how legal reforms and awareness raising associated with building the rule of law have engaged the popular legal consciousness, producing contradictions that have in turn shaped the nature of the resultant legality. How are popular legal-justice beliefs and practices transformed when legal reforms encounter local contexts and cultures? For over a decade, scholars have engaged with the argument that legal reform through rule of law building is the answer to the various ills of countries transitioning from war to peace or authoritarianism to democracy. Yet, scholars have also repeatedly critiqued rule of law building projects: The rule of law, in theory and in practice, is a product of Western liberal thought and development and provides limited space for local culture, norms, and practices. This tension has been playing out in multiple locations, and in the Democratic Republic of Congo for about two decades. This book examines how rule of law reforms in the Democratic Republic of Congo shape local understandings and practices of law and justice. Instead of focusing on their so-called successes and failures, it explores popular legal consciousness – how people think about, perceive, and engage with the law – to draw broader conclusions about the practical, everyday outcomes of attempts to build the rule of law. This book will appeal to comparativists, Africanists, and socio-legal scholars who study post-conflict reconstruction, rule of law building, legal consciousness, access to justice and legal pluralism, as well as those with practical interests in these areas.