Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-25wd4 Total loading time: 0 Render date: 2024-04-26T11:11:48.890Z Has data issue: false hasContentIssue false

14 - Epilogue

Just Law?

Published online by Cambridge University Press:  05 June 2012

Richard L. Abel
Affiliation:
UCLA School of Law
Scott L. Cummings
Affiliation:
University of California, Los Angeles
Get access

Summary

Can law promote justice? Or is it just law – a set of positive directives, which are obligatory if created according to Hart's secondary rules but likely to be followed only if the benefits exceed the costs? What makes law distinctive as a subject of social scientific inquiry is its normative essence (a quality it shares with religion). Disregarding instructions for assembling an Ikea bookcase or installing software on your computer can lead to failure and frustration, but such behavior usually does not incur disapproval. Exceeding the speed limit or evading taxes deserves opprobrium. People do not always behave like Holmes's “bad man,” or economists' profit maximizer, simply calculating the costs of noncompliance in terms of the sanctions likely to be imposed. Law is obligatory because it is just. That law is aspirational, seeking to promote justice, fundamentally shapes our research agenda. It explains why studies of the “gap” between law on the books and law in action have long been a staple of law-and-society scholarship. It explains why the “hired gun” theory of legal ethics is so unsatisfactory and why each new cohort of law students experiences discomfort at relinquishing moral autonomy for a career devoted to promoting the ends of clients lawyers generally do not choose. It explains the persistent concern with the unequal distribution of legal services and continuing efforts to increase government spending on legal aid, expand pro bono activities, and sustain law students' commitment to public interest law.

Type
Chapter
Information
The Paradox of Professionalism
Lawyers and the Possibility of Justice
, pp. 296 - 318
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

Abel, Richard L., Law and Society: Project and Practice, 6 Ann. Rev. L. and Soc. Sci. 1 (2010)CrossRefGoogle Scholar
Abel, Richard L., Law Books and Books About Law, 26 Stan. L. Rev. 175 (1973)CrossRefGoogle Scholar
Abel, Richard L., Toward a Politial Economy of Lawyers, 1981 Wisc. L. Rev. 1117
Sugarman, David, Beyond Ignorance and Complacency: Robert Stevens' Journey through Lawyers and the Courts, 16 Int'l J. Leg. Prof. 7 (2009)CrossRefGoogle Scholar
Parsons, Talcott, Professions, 12 Int'l Encyc. Soc. Sci. 536 (1968)Google Scholar
Abrahams, R.D., Law Offices to Serve Householders in the Lower Income Group, 42 Dick. L. Rev. 133 (1937–38)Google Scholar
Frank, Jerome, A Plea for Lawyer-Schools, 52 Yale L.J. 1303 (1943)Google Scholar
Saito, Takahiro, The Tragedy of Japanese Legal Education: Japanese “American” Law Schools, 24 Wisc. Int'l L.J. 197 (2007)Google Scholar
Abel, Richard L., Why Does the ABA Promulgate Ethical Rules?, 59 Tex. L. Rev. 639 (1981)Google Scholar
Bucher, Rue & Strauss, Anselm, Professions in Process, 66 Am. J. Soc. 325 (1961)CrossRefGoogle Scholar
Cummings, Scott L., The Politics of Pro Bono, 52 UCLA L. Rev. 1 (2004)Google Scholar
Abel, , The Paradoxes of Pro Bono, 78 Fordham L. Rev. 2443 (2010)Google Scholar
Erlanger, Howard S., Cahill, Mia, Epp, Charles & Haines, Kathleen, Law Student Idealism and Job Choice: Some New Data on an Old Question, 30 Law & Soc'y Rev. 851 (1996)CrossRefGoogle Scholar
Kornhauser, Lewis & Revesz, Richard, Legal Education and Entry into the Legal Profession: The Role of Race, Gender, and Educational Debt, 70 N.Y.U. L. Rev. 829 (1995)Google Scholar
Levin, Leslie C., The Ethical World of Solo and Small Law Firm Practitioners, 41 Hous. L. Rev. 309 (2004–05)Google Scholar
Engel, David M., The Oven Bird's Song: Insiders, Outsiders, and Personal Injuries in an American Community, 18 Law. & Soc'y Rev. 551 (1987)CrossRefGoogle Scholar
Cummings, Scott L., The Internationalization of Public Interest Law, 57 Duke L.J. 891 (2008)Google Scholar
Cummings, Scott L. & Trubek, Louise, Globalizing Public Interest Law, 13 UCLA J. Int'l L. & Foreign Aff. 1 (2009)Google Scholar
White's, Lucie work struggles with this problem, notably Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G., 38 Buff. L. Rev. 1 (1990)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.

  • Epilogue
  • Edited by Scott L. Cummings, University of California, Los Angeles
  • Book: The Paradox of Professionalism
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511921506.015
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.

  • Epilogue
  • Edited by Scott L. Cummings, University of California, Los Angeles
  • Book: The Paradox of Professionalism
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511921506.015
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.

  • Epilogue
  • Edited by Scott L. Cummings, University of California, Los Angeles
  • Book: The Paradox of Professionalism
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511921506.015
Available formats
×