Cause Lawyering: Political Commitments and Professional Responsibilities (Oxford Socio-Legal Studies)

Why do some lawyers devote themselves to a given social movement or political cause? How are such deeds of individual commitment and personal belief justly executed, given the ideals of disinterested professional service to which lawyers are (in theory, at least) supposed to adhere? What can we learn from such lawyers about the relationship between law and politics? Cause Lawyering is a wise and varied collection of responses to these questions, featuring a number of distinguished legal scholars concerned with anti-poverty lawyers, lawyers who work against capital punishment, immigration lawyers, and other lawyers working to end oppression. Editors Austin Sarat and Stuart Scheingold have assembled here a valuable cross-national portrait of lawyers compelled to sacrifice financial gain so as to use their legal skills in the promotion of a more just society. These telling and important essays fully explore the relationship between cause lawyering and the organized legal professions of many different countries--the US, England, South Africa, Israel, Cuba, and so forth. They describe the utility of law as a resource in political struggles and, conversely, highlight the constraints under which lawyers necessarily operate when they turn to politics. Some provide broad theoretical overviews; others present rich case studies. Advancing a fundamental argument about the very nature of the legal profession, this book explains the strategies that cause lawyers deploy, as well as the challenges they face in trying to be legally astute and effective while remaining politically devoted and aware. Although it is a controversial way of practicing law, cause lawyering, as explicated in the essays in this volume, is indeed indispensable to the legitimization of professional authority. Why Do Some Lawyers Devote Themselves To A Given Social Movement Or Political Cause? How Are Such Commitments Justified, Given The Ideals Of Disinterested Professional Service To Which Lawyers Are (in Theory, At Least) Supposed To Adhere? What Can We Learn From Such Lawyers About The Relationship Between Law And Politics? Cause Lawyering Is A Varied And Provocative Collection Of Responses To These Questions, Featuring The Work Of Several Distinguished Legal Scholars. These Essays Explore The Relationship Between Cause Lawyering And The Organized Legal Professions Of Many Different Countries: Brazil, England, Indonesia, Israel, South Africa, And The U.s., Among Others. They Describe The Utility Of Law As A Resource In Political Struggles And, Conversely, Highlight The Constraints Under Which Lawyers Operate When They Turn To Politics. Some Provide Broad Theoretical Overviews, Others Present Rich Case Studies, And All Will Appeal To Students And Professionals Interested In Law And Society.--book Jacket. Cause Lawyering And The Reproduction Of Professional Authority: An Introduction / Austin Sarat And Stuart Scheingold -- I. Contexts And Conditions Of Cause Lawyering -- The Causes Of Cause Lawyering: Toward An Understanding Of The Motivation And Commitment Of Social Justice Lawyers / Carrie Menkel-meadow -- Speaking Law To Power: Occasions For Cause Lawyering / Richard Abel -- The Struggle To Politicize Legal Practice: A Case Study Of Left-activist Lawyering In Seattle / Stuart Scheingold -- Ii. Cause Lawyering And The Organization Of Practice -- Norris, Schmidt, Green, Harris, Higginbotham & Associates: The Socio-legal Impact Of Philadelphia Cause Lawyers / Aaron Porter -- Still Trying: Cause Lawyering For The Poor And Disadvantaged In Pittsburg, Pa / John Kilwein -- Critical Lawyers: Social Justice And The Structure Of Private Practice / Louise Trubek And M. Elizabeth Kransberger --^ Destruction Of Houses And Construction Of A Cause: Lawyers And Bedouins In The Israeli Courts / Ronen Shamir And Sara Chinski -- Iii. Strategies Of Cause Lawyering Under Liberal Legalism -- Rethinking Law's Allurements: A Relational Analysis Of Social Movement Lawyers In The United States / Michael Mccann And Helena Silverstein -- Caring About Individual Cases: Immigration Lawyering In Britain / Susan Street -- Between (the Presence Of) Violence And (the Possibility Of) Justice: Lawyering Against Capital Punishment / Austin Sarat -- Iv. The Possibilities Of Cause Lawyering Beyond Liberal Legalism -- Cause Lawyering In The Third World / Stephen Ellmann -- Lawyers' Causes In Indonesia And Malaysia / Daniel Lev Attorneys For The People -- Attorneys For The Land: The Emergence Of Cause Lawyering In The Israel-occupied Territories / George Bisharat -- Cause Lawyers And Social Movements: A Comparative Perspective On Democratic Change In Argentina And Brazil / Stephen Meili --^ All Or Nothing: An Inquiry Into The (im)possibility Of Cause Lawyering Under Cuban Socialism / Raymond Michalowski. Edited By Austin Sarat & Stuart Scheingold. Includes Bibliographical References (p. 547-551) And Index. Contents......Page 8 Contributors......Page 10 1. Cause Lawyering and the Reproduction of Professional Authority: An Introduction......Page 14 I. Contexts and Conditions of Cause Lawyering......Page 40 2. The Causes of Cause Lawyering: Toward an Understanding of the Motivation and Commitment of Social Justice Lawyers......Page 42 3. Speaking Law to Power: Occasions for Cause Lawyering......Page 80 4. The Struggle to Politicize Legal Practice: A Case Study of Left-Activist Lawyering in Seattle......Page 129 II. Cause Lawyering and the Organization of Practice......Page 160 5. Norris, Schmidt, Green, Harris, Higginbotham & Associates: The Sociolegal Import of Philadelphia Cause Lawyers......Page 162 6. Still Trying: Cause Lawyering for the Poor and Disadvantaged in Pittsburgh, Pennsylvania......Page 192 7. Critical Lawyers: Social Justice and the Structures of Private Practice......Page 212 8. Destruction of Houses and Construction of a Cause: Lawyers and Bedouins in the Israeli Courts......Page 238 III. Strategies of Cause Lawyering under Liberal Legalism......Page 270 9. Rethinking Law's "Allurements": A Relational Analysis of Social Movement Lawyers in the United States......Page 272 10. Caring about Individual Cases: Immigration Lawyering in Britain......Page 304 11. Between (the Presence of) Violence and (the Possibility of) Justice: Lawyering against Capital Punishment......Page 328 IV. The Possibilities of Cause Lawyering beyond Liberal Legalism......Page 358 12. Cause Lawyering in the Third World......Page 360 13. Lawyers' Causes in Indonesia and Malaysia......Page 442 14. Attorneys for the People, Attorneys for the Land: The Emergence of Cause Lawyering in the Israeli-Occupied Territories......Page 464 15. Cause Lawyers and Social Movements: A Comparative Perspective on Democratic Change in Argentina and Brazil......Page 498 16. All or Nothing: An Inquiry into the (Im)Possibility of Cause Lawyering under Cuban Socialism......Page 534 Select Bibliography......Page 558 C......Page 564 D......Page 565 G......Page 566 J......Page 567 M......Page 568 P......Page 569 S......Page 570 Z......Page 571 Annotation "Why do some lawyers devote themselves to a given social movement or political cause? How are such commitments justified, given the ideals of disinterested professional service to which lawyers are (in theory, at least) supposed to adhere? What can we learn from such lawyers about the relationship between law and politics? Cause Lawyering is a varied and provocative collection of responses to these questions, featuring the work of several distinguished legal scholars. These essays explore the relationship between cause lawyering and the organized legal professions of many different countries: Brazil, England, Indonesia, Israel, South Africa, and the U.S., among others. They describe the utility of law as a resource in political struggles and, conversely, highlight the constraints under which lawyers operate when they turn to politics. Some provide broad theoretical overviews, others present rich case studies, and all will appeal to students and professionals interested in law and society."--BOOK JACKET. Title Summary field provided by Blackwell North America, Inc. All Rights Reserved This book is a cross-national study of lawyers who devote themselves to serving political cuases. The essays collected here bring togehter the work of eighteen scholars, each of whom contributes a valuable portrait of lawyers who sacrifice financial advantage to use their professional skills to promote their vision of a more just society. The essays in this text represent a cross-national portrait of lawyers compelled to sacrifice financial gain so as to use their legal skills in the promotion of a more just society. The essays explore the relationship between cause lawyering and the organized legal professions of many countries