Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-c4f8m Total loading time: 0 Render date: 2024-04-25T06:54:04.790Z Has data issue: false hasContentIssue false

2 - Are Lawyers Friends of Democracy?

Published online by Cambridge University Press:  05 June 2012

Robert W. Gordon
Affiliation:
Yale Law School
Scott L. Cummings
Affiliation:
University of California, Los Angeles
Get access

Summary

INTRODUCTION

Anyone who watched the pictures of Pakistani lawyers, in their dark business suits and ties, out on the street in the thousands to protest General Pervez Musharraf's 2007 removal of the country's chief justice, knew he was seeing something way out of the ordinary. We do not usually associate lawyers with street protests, or with popular politics of any kind. Do we even associate them with democracy?

In answering this question, I define “democracy” very loosely, to include much more than government by leaders or legislators elected (directly or mediately) by popular votes – though of course these are classical preconditions for democratic government. Societies are more or less democratic to the extent they exhibit institutional arrangements that enable ordinary people to get access to decision-making power – political, economic, or social – in matters that affect their lives; that enable people to lobby or petition power holders and to influence public opinion through the media; to organize in associations so that power holders will have to take account of them and bargain with them; to have access to effective procedures and representation to challenge decisions adverse to their interests in administrative proceedings and courts and private governments; to have resort to regular channels to resist enforcement of unpalatable laws; and to express dissent without fear of retribution.

Type
Chapter
Information
The Paradox of Professionalism
Lawyers and the Possibility of Justice
, pp. 31 - 49
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Hall, Kermit, Social Backgrounds and Judicial Recruitment: A Nineteenth Century Perspective on the Lower Federal Judiciary, 29 W. Polit. Q. 243 (1976)Google Scholar
Nash, Gary B., The Philadelphia Bench and Bar, 1800–1861, 7 Comp. Stud. in Soc'y & Hist. 203 (1965)CrossRefGoogle Scholar
Kousser, J. Morgan, The Supremacy of Equal Rights: The Struggle Against Racial Discrimination in Ante-Bellum Massachusetts and the Foundations of the Fourteenth Amendment, 82 Nw. U. L. Rev. 941 (1988)Google Scholar
Gordon, Robert W., The Lawyer-Citizen: A Myth with Some Basis in Reality, 50 Wm. & Mary L. Rev. 1169, 1189–90 (2009)Google Scholar
Hall, Kermit, Progressive Reform and the Decline of Democratic Accountability: The Popular Election of State Supreme Court Judges, 1850–1920, 9 Am. B. Found. Res. J. 345 (1984)Google Scholar
Cummings, Scott L. & Eagly, Ingrid V., A Critical Reflection On Law And Organizing, 48 UCLA L. Rev. 443 (2001)Google Scholar
Balkin, Jack & Siegel, Reva, Principles, Practices, and Social Movements, 154 U. Pa. L. Rev. 927 (2006)CrossRefGoogle Scholar
Post, Robert & Reva Siegel, RoeRage: Democratic Constitutionalism and Backlash, 42 Harv. C.R.-C.L. L. Rev. 373 (2007)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×