Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-mm7gn Total loading time: 0.594 Render date: 2022-08-16T08:23:04.873Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

18 - The Legal Complex and Lawyers-in-Chief

from Part IV - Political Liberalism and the Legal Complex

Published online by Cambridge University Press:  18 April 2019

Rosann Greenspan
Affiliation:
University of California, Berkeley
Hadar Aviram
Affiliation:
University of California, Hastings College of the Law
Jonathan Simon
Affiliation:
University of California, Berkeley
Get access

Summary

In their thought-provoking work on the “legal complex,” Terry Halliday, Lucien Karpik and Malcolm Feeley posit that those who have been trained as lawyers are likely to act on behalf of political liberalism to advocate for the realization of basic civil liberties and access to justice (Halliday and Karpik 1998; Halliday, Karpik and Feeley 2007, 2012). By broadening studies of the legal profession to the study of legally educated elites more generally and examining the way that these elites act in a variety of politically challenging contexts, Halliday, Karpik and Feeley (HKF) have imagined a new relationship between law and politics. In their hands, law is more than persons or institutions; law generally embeds a set of liberal ideas that guide the development of politics.

Type
Chapter
Information
The Legal Process and the Promise of Justice
Studies Inspired by the Work of Malcolm Feeley
, pp. 361 - 384
Publisher: Cambridge University Press
Print publication year: 2019

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

Abdullaev, Nabi. 2004. “Putin Tells Judiciary to Clean Up Its Act.” Moscow Times, December 1, 2004.Google Scholar
Ahdieh, Robert B. 1997. Russia’s Constitutional Revolution. University Park: Penn State University Press.Google Scholar
Anderson, Perry. 1999. “A Ripple of the Polonaise: Review of Timothy Garten Ash, A History of the Present.” London Review of Books, November 23, 1999. www.lrb.co.uk/v21/n23/perry-anderson/a-ripple-of-the-polonaise.Google Scholar
Brown, Archie. 2001. “From Democracy to ‘Guided Democracy.’Journal of Democracy 12 (4): 35.CrossRefGoogle Scholar
Burbank, Jane. 1995. “Lenin and the Law in Revolutionary Russia.” Slavic Review 54: 2344.CrossRefGoogle Scholar
Finn, Peter. 2004. “Putin Close to Winning New Power over Judiciary.” The Washington Post, October 2, 2004, A15.Google Scholar
Ginsburg, Tom and Moustafa, Tamir. 2008. Rule by Law: The Politics of Courts in Authoritarian Regimes. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Halliday, Terence and Karpik, Lucien. 1998. Lawyers and the Rise of Western Political Liberalism: Legal Professions and the Constitution of Modern Politics. Oxford: Oxford University Press.Google Scholar
Halliday, Terence, Karpik, Lucien and Feeley, Malcolm. 2007. Fighting for Political Freedom: Comparative Studies of the Legal Complex for Political Change. Oxford: Hart Publishing.Google Scholar
Halliday, Terence, Karpik, Lucien and Feeley, Malcolm. 2012. Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Hilbink, Lisa. 2007. Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Hirsch, Francine. 2008. “The Soviets at Nuremberg: International Law, Propaganda, and the Making of the Postwar Order.” American Historical Review 113: 701.CrossRefGoogle Scholar
Karpik, Lucien and Halliday, Terry. 2011. “The Legal Complex.” Annual Review of Law and Social Science 7: 217–36.CrossRefGoogle Scholar
Lan, Rongjie. 2010. “A False Promise of Fair Trials: A Case Study of China’s Malleable Criminal Procedure Law.” UCLA Pacific Basin Law Review 27: 153.Google Scholar
Linz, Juan and Stepan, Alfred. 1996. “Toward Consolidated Democracies.” Journal of Democracy 7:1433.CrossRefGoogle Scholar
Massoud, Mark. 2013. Law’s Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Moustafa, Tamir. 2008. “Rule by Law.” Paper prepared for the Yale Workshop on the Rule of Law, March 2008, available at www.yale.edu/macmillan/ruleoflaw/papers/yalepaper3.pdf.Google Scholar
Mydans, Seth. “Lee Kuan Yew, Founding Father and First Premier of Singapore Dies at 91.” New York Times, March 23, 2015. www.nytimes.com/2015/03/23/world/asia/lee-kuan-yew-founding-father-and-first-premier-of-singapore-dies-at-91.html?_r=0.Google Scholar
OSCE/ODIHR Election Observer Mission. 2014. “Preliminary Analysis and Conclusions for the Parliamentary Election of 6 April 2014.” Available at www.osce.org/odihr/elections/117205?download=true.Google Scholar
Petrov, Nikolay. 2005. “The Essence of Putin’s Managed Democracy.” Carnegie Endowment for International Peace, October 8, 2015. Available at https://carnegieendowment.org/2005/10/18/essence-of-putin-s-managed-democracy-event-819.Google Scholar
Putin, Vladimir. 2004. “Sympathy for the Victims Is Not Enough” (RTR television broadcast, September 13, 2004), available as “Russia’s Rulers and Public Must Unite Against Terrorism.” Putin, BBC Worldwide Monitoring, September 13, 2004. Available at LEXIS, Nexis Library, Bbcmir File.Google Scholar
Scheppele, Kim Lane. 2014a. “Hungary, an Election in Question.” The Conscience of a Liberal (blog), New York Times. February 28, 2014. https://krugman.blogs.nytimes.com/2014/02/28/hungary-an-election-in-question-part-1/.Google Scholar
Scheppele, Kim Lane. 2014b. “Legal but not Fair: Viktor Orbán’s New Supermajority,” The Conscience of a Liberal (blog), New York Times. April 13, 2014. http://krugman.blogs.nytimes.com/2014/04/13/legal-but-not-fair-hungary/.Google Scholar
Scheppele, Kim Lane. 2005. “‘We Forgot About the Ditches:’ Russian Constitutional Impatience and the Challenge of Terrorism.” 53 Drake Law Review 9631027.Google Scholar
Scheppele, Kim Lane. 2006. “Guardian of the Constitution: Constitutional Court Presidents and the Struggle for the Rule of Law in Post-Soviet Europe.” University of Pennsylvania Law Review 154: 1757–851.CrossRefGoogle Scholar
Sharlet, Robert. 2001. “Putin and the Politics of Law in Russia.” Post-Soviet Affairs 17: 195.CrossRefGoogle Scholar
Tamanaha, Brian. 2004. On the Rule of Law: History, Politics, Theory. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Thompson, E. P. 1975. Whigs and Hunters: The Origins of the Black Act. London: Breviary Stuff Publications.Google Scholar
1
Cited by

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
×