Cause Lawyers and Social Movements by Austin Sarat, Stuart A. Scheingold

By Austin Sarat, Stuart A. Scheingold

reason attorneys and Social pursuits seeks to reorient scholarship on reason legal professionals, inviting students to consider reason lawyering from the viewpoint of these political activists with whom reason legal professionals paintings and whom they search to serve. It demonstrates that whereas all reason lawyering cuts opposed to the grain of traditional understandings of criminal perform and professionalism, social move lawyering poses distinctively thorny difficulties.

The editors and authors of this quantity discover the subsequent questions: What do reason attorneys do for, and to, social hobbies? How, whilst, and why do social activities flip to and use legal professionals and felony ideas? Does their use of attorneys and felony suggestions boost or constrain the fulfillment in their ambitions? And, how do routine form the attorneys who serve them and the way do legal professionals form the events?

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In fact, many of the initial cause lawyering studies devoted significant attention to matters of context. In the first volume, the focus was primarily on the “microcontexts” that motivate individual lawyers to act for causes and the broader constraints of the legal profession on lawyers’ advocacy. The second volume made a welcome contribution by, among other things, expanding attention to the varied and changing character of nation-states in the global era. The inquiries contained therein explored a variety of “macro” national and transnational contexts in which cause lawyering ventures are situated, with particular emphasis on those contexts that shape human rights advocacy.

New York: Basic Books. Handler, Joel (1978), Social Movements and the Legal System: A Theory of Law Reform and Social Change. New York: Academic Press. Hatcher, Laura (2002), “Conservative Cause Advocacy: Mapping the Sites of Conservative Legal Activism,” unpublished manuscript. Heinz, John, Edward Lauman, and Robert Nelson (1993), The Hollow Core: Private Interests in National Policy Making. Cambridge, MA: Harvard University Press. Heinz, John, Anthony Paik, and Ann Southworth (2003), “Lawyers for Conservative Causes: Clients, Ideology, and Social Distance,” Law and Society Review, 37: 5.

Barclay and Fisher maintain that “the robust and serious national discussion” about gay marriage, and the “myriad of lesbian and gay rights organizations” that were active in it changed the atmosphere in which litigation occurred. ” Arguably, then, Barclay and Fisher provide another example of the shift in direction, called to our attention by Hilbink, from “elite/vanguard” cause lawyering toward “grass roots” cause lawyering. Susan Coutin examines the life cycle of movement lawyering by focusing on efforts of lawyers working on behalf of Central American refugees and suggests that the recent history of this movement has been fueled and reshaped by cause lawyering.

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