Revolution and the Making of the Contemporary Legal Profession: England, France, and the United States by Michael BurrageRevolution and the Making of the Contemporary Legal Profession: England, France, and the United States by Michael Burrage

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

byMichael Burrage

Hardcover | March 2, 2006

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The revolutions of France, the United States, and England each inspired dreams of creating legal institutions that did not depend on specialist intermediaries, and, in different ways, provoked attacks on the existing rules and government of the legal profession more widespread and severe thanat any other time in their history. These dreams came to naught and, sooner or later, the professions recovered, but their revolutionary experiences nevertheless had a lasting impact on their subsequent organization, and help to explain why three previously convergent professions should diverge astheir societies industrialised. The social upheaval of industrialization may also help to explain many of their peculiarities down to the present day: why, for instance, French advocates imposed such strict ethical obligations on themselves, from which they were only released by the state in 1992, why American lawyers should bethe first to be at ease in the market, but faced intractable problems of professional self-government, why two professions should emerge in England, both with a high degree of self-government, and both long indifferent to law schools and to the market for legal services. Since lawyers were the first occupation to organize as a profession, this insightful comparative inquiry then asks what their experience might tell us about other organized occupations in these three societies, and the difference between their educational institutions, their division of labour,their civil societies and lesser forms of government, and about the ways they have been stratified and formed classes.
Michael Burrage is a Research Fellos in Industrial Relations, London School of Economics and Political Science.
Title:Revolution and the Making of the Contemporary Legal Profession: England, France, and the United…Format:HardcoverDimensions:704 pages, 9.21 × 6.14 × 1.74 inPublished:March 2, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199282986

ISBN - 13:9780199282982

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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 - 30Orleanist Reprise 1830 - 48Napoleanic Coda 1848 - 70The 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 Incompatibilites and PlaidoiriesAlter Ego Tries to Change Advocates' BehaviourThree 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 JudiciaryAother Undependable Ally: the Law SchoolsExplaining Unethical and Innovative BehaviourAn Asymmetrical and Ever-Expanding JurisdictionHow a 'Body' Became a LadderFailure or Success? Some Clues from Philadelphia4. 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 MovementAn 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 AspirationsDiverging Paths into the Modern WorldAn Unmistakeable and Inconvenient ConclusionAn Ancien Regime Guide to French ModernityA Slice of the American DreamM'Learned Friends Illustrate Englishness