Revolution and the Making of the Contemporary Legal Profession: England, France, and the United States

by Michael Burrage

Overview

Examining the social revolutions in France, the United States, and England during industrialization this book looks at the different ways in which social upheaval has prompted radical divergences in the organisation and regulation of the legal profession.

Product Details

ISBN-13:	9780199282982
Publisher:	Oxford University Press
Publication date:	05/11/2006
Series:	Oxford Socio-Legal Studies
Pages:	696
Product dimensions:	9.30(w) x 6.20(h) x 1.90(d)

About the Author

London School of Economics and Political Science

Table of Contents

1. Investigating a Fateful EncounterUtopian Ideals and Revolutionary PracticeTwo Contested and Honorific Concepts - Revolution and ProfessionWhy do Professionals Behave the Way They Do? What Have They Actually Done, or Tried To Do? The Framework of the Investigation, the Evidence, and its Presentation2. Ideal and Myth in the Lives of French AdvocatesThe Formation of a State and of a ProfessionReconsidering the 'Triumph of the Professionals'...And the 'Demise' of Advocates Before the RevolutionThe Original Revolutionary Design: Act ITerror and Thermidor: Act IINapoleon's Selections, Innovations, and Synthesis: Act IIIReturn of the Advocates and their OrdersWhy Was the Profession Destroyed? Cycles of Constitutionalism, Repression, and RevolutionBourbon Beginnings 1815 - 1830Orleanist Reprise 1830 - 1848Napoleanic Coda 1848 - 1870The Original Revolutionary Design Re-Enacted, Paris 1871Marx's Nightmare and Tocqueville's TheatreA Protracted and Reluctant Return to NormalcySchools, Stage, and Invisible BarriersA Jurisdiction Defined by Incompatibilités and PlaidoriesThree Threats to Absolute IndependenceAn Anachronistic Sense of HumourMyth and Irony in the Career of a Super-Profession3. Practitioners vs Legislators and Professors in the United StatesA Journey from Utopia back to England - Lawyers in the ColoniesThe Revolution Controlled, for the most partThe Massachusetts Electorate Interprets the RevolutionOther States, Other InterpretationsRemoving Restrictions on Legal PracticeThe Collapse of Bar Associations and the Philadelphia ExceptionElected Judges and Codes Complete AmericanizationWas it Capitalism, the Frontier or the Revolution? Three Stages of ReconstructionWhat had Changed During the Interregnum? Practitioners vs Professors and LegislatorsPractitioners Search for an Effective Form of GovernmentAn Undependable Ally: the JudiciaryANother Undependable Ally: the Law SchoolsExplaining Unethical and Innovative BehaviourAn Asymmetrical and Ever-Expanding JurisdictionHow a 'Body' Became a LadderFailure or Success? 4. Learned Friends and Gentlemen in England - Beneficiaries of the Glorious RevolutionConfused Candidates in a MarketplaceStrange Bodies - the Inns Before the RevolutionThe Trauma and the TremorSearching the Inns and the CourtsExplaining the Failure of the Revolutionary MomentAn Infrastructure of Absolutism is Created by Writs...And Destroyed by 'the Greatest Thing Done by the English Nation'The Medieval Corporation then Advances into the Modern WorldPupillages and ArticlesHedges, Honour, and MarketsLittle Republics, Little CommonwealthsSpinning Webs of Mutual RestraintStatus Rivals and AlliesIndustrialization, Democracy, and the Unwritten ConstitutionIs Professional Power an Adequate Explanation? Thatcher and a Turbulent TercentenaryThe Discrediting of Self-Governing Communities5. Comparing Professions and SocietiesThe Kinship of Old Regime LawyersFacing Common Revolutionary AspirationsDivergin Paths into the Modern WorldAn Unmistakeable and Inconvenient ConclusionAn Ancien Régime Guide to French ModernityA Slice of the American DreamM'Learned Friends Illustrate Englishness