Lawyers in Society: Comparative Theories

Front Cover
Richard L. Abel, Philip Lewis
Beard Books, 1989 - Law - 576 pages
Contains comparative and theoretical essays on the legal profession around the world.
 

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Contents

Preferences
220
Exclusionary Patriarchy
222
FEMINIST THEORY
223
THE DATA
225
Gender Difference and Work
227
PORTIA IN A DIFFERENT VOICE?
229
Affiliational Feminism
230
The Adversary System
231

LAWYERS AND THE STATUS QUO
20
EMPIRICAL EVIDENCE
21
Comparison and Change in the Study of Legal Professions
27
INTELLECTUAL CONTEXTS OF THE STUDY OF LAWYERS
30
THE LEGAL SYSTEM APPROACH
31
POLITICS
37
ECONOMICS
44
CULTURE
45
AIMS AND METHODS OF COMPARISON
46
OBJECTS OF COMPARISON
51
FUNCTIONS
56
TYPES OF CHANGE
60
DELIBERATE CHANGE
61
ONE CHANGE LEADS TO ANOTHER
62
Comparative Sociology of Legal Professions
80
PRODUCTION OF PRODUCERS
84
FORMAL EDUCATION
85
APPRENTICESHIP
90
PROFESSIONAL EXAMINATION
92
STARTING PRACTICE
94
CONCLUSION
95
FLUCTUATIONS IN THE NUMBER OF LAWYERS
96
THE ENTRY OF WOMEN
100
CATEGORIES OF PRODUCERS
101
SUPPLY CONTROL PRODUCTION BY PRODUCERS
106
COMPETITION AMONG LICENSED PROFESSIONALS
108
DEMAND CREATION
110
ASCRIPTION IN RECRUITMENT AND ALLOCATION
113
RACE
115
GENDER
116
AGE
119
GEOGRAPHIC DISTRIBUTION
120
STRUCTURES OF PRIVATE PRACTICE
121
SOLO AND SMALLFIRM PRACTICE
122
LARGE FIRMS
123
THE WORK OF PRIVATE PRACTITIONERS
125
INCOME AND STATUS
127
PROFESSIONAL ASSOCIATIONS
130
DISCIPLINE
133
CONCLUSION
135
From the Other End of the Telescope Deprofessionalization Reprofessionalization and the Development of Higher Education 19501986
154
CHANGES IN THE RELATIONSHIP BETWEEN HIGHER EDUCATION AND THE POLITY
156
THREE PERSPECTIVES ON CHANGE
157
THE WITHERING AWAY OF THE STATE LABOR MARKET
159
NEW POLICIES FOR HIGHER EDUCATION IN WESTERN EUROPE
160
STRATEGIES OF DEFLECTION
161
REDEFINITION OF THE HIGHER EDUCATION LABOR MARKET
162
NEW IDEOLOGIES AND NEW VIEWS ON THE UNIVERSITYS ROLE
163
ACCESS TO HIGHER EDUCATION
164
DUAL MONOPOLY AND QUALITY CONTROL
165
KEY FACTORS
166
TRANSFER RATES
167
ADMISSION TO UNIVERSITY
168
LEGAL STUDIES
169
A QUANTITATIVE VIEW
170
THE FEMINIZATION OF HIGHER EDUCATION
171
PATTERNS IN GRADUATION 19501980
172
GRADUATION RATES
174
CONCLUSION
175
Feminization of the Legal Profession The Comparative Sociology of Women Lawyers
196
A BRIEF HISTORY OF WOMEN IN THE PROFESSIONS
199
WOMENS PARTICIPATION IN THE LEGAL PROFESSION
205
OVERVIEW
208
OCCUPATIONAL SEGREGATION OF WOMEN IN THE LEGAL PROFESSION
211
Public Versus Private Sector and Litigation Versus Transactional Lawyering
212
Work and Life Cycle
214
Race
215
The Judiciary
216
Substantive Law Reform
217
THEORIES OF OCCUPATIONAL SEGREGATION
218
Work Organization and Oppositional Values
232
Leadership
233
The Dangers of Difference
234
Medicine
235
Business Management
236
Social Structure of the Professions
237
CONCLUSIONS OF FEARS AND HOPES
238
The Legal Profession and the Rise and Fall of the New Class
256
OR A NEW CLASS PROJECT OF INTELLECTUALS?
257
TOWARD A SYNTHESIS
259
A NEW COLLECTIVE MOBILITY STRATEGY OF AN OLD PRIVILEGED STRATUM OR INTEGRATION INTO THE NEW CLASS?
261
LAWYERS AS PROFESSIONALS PAR EXCELLENCE AND THUS THE LEAST LIKELY CANDIDATES TO JOIN THE NEW CLASS
264
ANTITHETICAL TO THE NEW CLASS PROJECT?
265
BUREAUCRATIZATION AS DEPROFESSIONALIZATION
266
THE PROFESSIONALISM OF LAWYERS
269
TRENDS TOWARD DEPROFESSIONALIZATIONRECENT CHANGES IN THE NATURE OF THE LEGAL PROFESSION
272
THE LOSS OF SUPPLY CONTROL
273
BUREAUCRATIZATION
276
ARE LAWYERS LOSING THEIR ROLE AS ORGANIC INTELLECTUALS
279
PROLETARIANIZATION OR REPROFESSIONALIZATION?
282
Comparing Legal Professions A StateCentered Approach
289
CROSSNATIONAL VARIATION AND PROBLEMS OF CONCEPTUALIZATION
291
A STATECENTERED VIEW OF THE EUROPEAN HISTORICAL BACKGROUND
300
CONTRASTING STATE STRUCTURE AND PATTERNS OF LAW WORK
305
THE PROFESSIONCENTERED APPROACH REVISITED
311
Revolution as a Starting Point for the Comparative Analysis of the French American and English Legal Professions
322
RECOVERING FROM THE REVOLUTIONARY ASSAULT
326
THE COMPARABILITY OF THE THREE REVOLUTIONS
338
A REVOLUTION IN DEFENSE OF ESTABLISHED RIGHTS
351
THE RISE OF A SECOND LEGAL PROFESSION
360
COMPARISONS AND COUNTERHYPOTHESES
366
Legal Professions and the State Neocorporatist Variations on the Pluralist Theme of Liberal Democracies
375
SOCIOLOGICAL APPROACHES TO PROFESSIONS
377
PLURALISM AND NEOCORPORATISM
379
MODES OF POLICYMAKING
381
ORGANIZATIONAL PREREQUISITES FOR NEOCORPORATISM
386
THE INTERNAL POLITICS OF NATIONAL ASSOCIATIONS
392
SOCIETAL AND COMMUNAL ANTECEDENTS OF NEOCORPORATISM IN THE LEGAL PROFESSION
394
STATE PREREQUISITES FOR NEOCORPORATISM IN THE LEGAL SYSTEM
396
STATE FORMATION AND REFORMATION
397
CONSTITUTIONAL FORMS
399
SECTORAL HOMOLOGY
400
PRECIPITATING CONDITIONS
401
OPPOSITION COMPETITION AND CONCERTATION
403
OPPOSITION
404
COMPETITION
406
CONCERTATION
407
Legislatures and Executives
408
Administrative Bodies
409
The Judiciary
410
THEORETICAL PROMISE AND EMPIRICAL PROSPECTS
411
The Changing Functions of Lawyers in the Liberal State Reflections for Comparative Analysis
427
THE FUNCTIONS OF MEMORY AND REPRESENTATION
429
CITIZENCONSTITUTIVE FUNCTIONS
435
THE APPROPRIATION OF STATECONSTITUENT FUNCTIONS
442
THE MATRIX OF DEPROFESSIONALIZATION
451
Putting Law Back into the Sociology of Lawyers
478
LAWYERS IN THE ECONOMY SOCIETY AND POLITY COMPARISONS ACROSS SOCIETIES
479
COMPARISONS WITHIN SOCIETIES
484
WHAT DO LAWYERS DO FOR THEIR CLIENTS?
487
LAWYERS AND THE BALANCE OF ADVANTAGE
488
THE REPERTOIRE OF LAWYER FUNCTIONS
489
HOW DOES THE LAWYERCLIENT RELATIONSHIP SHAPE LAWYER BEHAVIOR?
494
LAWYERS AND FUNCTIONAL ALTERNATIVES
496
WHAT DO LAWYERS KNOW?
501
CONCLUSION
513
Contributors
527
Index
531
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