This page delves into the framework of the legal profession and how its structure influences what attorneys can and cannot do within their scope of practice, particularly at different stages of democracy. By examining the organization and ethical boundaries that define legal roles, it highlights how the profession adapts to political, social, and legal changes. The structure of the legal profession not only guides the actions of attorneys but also ensures that they play a critical role in shaping, protecting, and upholding democratic values, all while adhering to the limits and responsibilities that safeguard justice and the rule of law.
Aguiar Aguilar (2012). “Institutional changes in the public prosecutor’s office: The cases of Mexico, Chile and Brazil”
Aguilar, A. (2012). Institutional changes in the public prosecutor’s office: The cases of Mexico, Chile and Brazil. Mexican law review, 4(2), 261-290. Given the critical role played by the Public Prosecutor’s Office in the criminal …
Alex (2025). “Fuzzy Boundaries: A Mechanism for Group Accumulation of Advantage”
Alex, H. (2025). Fuzzy Boundaries: A Mechanism for Group Accumulation of Advantage. Sociological Theory, 0(0). https://doi.org/10.1177/07352751251378516 This article describes a strategic mechanism, fuzzy boundaries, that groups use to accumulate advantage. In contrast to the dominant …
Ryo (2016), “Fostering Legal Cynicism Through Immigration Detention”
This article examines how immigration detention in the United States under a hardline enforcement regime, especially during the Trump administration, serves not merely as an administrative tool but as a socio-legal mechanism that fosters legal cynicism among detained noncitizens.
Ryo and Peacock (2021), “Represented but Unequal: The Contingent Effect of Legal Representation in Removal Proceedings”
This study investigates how the effectiveness of legal representation in immigration removal proceedings in the United States varies based on judicial and political context.
Roiphe (2019), “A Typology of Justice Department Lawyers’ Roles and Responsibilities”
This article examines the evolving role of U.S. Department of Justice (DOJ) lawyers under the Trump administration, amid increasing concerns over democratic backsliding.
Liljeblad (2019), “The Independent Lawyers’ Association Of Myanmar As A Legal Transplant: Local Challenges To The Idea Of An Independent National Bar Association”
This article examines the establishment of the Independent Lawyers’ Association of Myanmar (ILAM), created through a 2014–2016 program by the International Bar Association’s Human Rights Initiative (IBAHRI).
Khan and Cheesman (2023), “Law, Lawyers and Legal Institutions”
For attorneys in backsliding democracies, this chapter offers a sobering reflection on the limits of legalism and the complex relationship between law, legitimacy, and power.
Rosenbaum, Hubbard, Sharp-Bauer, and Tushaus (2021), “The Myanmar Shwe: Empowering Law Students, Teachers, And The Community Through Clinical Education And The Rule Of Law”
This article explores the reform of legal education in Myanmar during a brief period of political opening, focusing on the role of clinical legal education (CLE) in empowering future lawyers under conditions of ongoing authoritarian legacy.
Barzilai (2015), “Can Government Lawyers Save Us? A Comment on Lawyering for the Rule of Law”
This article reflects on the global expansion of judicial review, emphasizing how courts—both in liberal and non-liberal democracies—strategically position themselves in shaping public policy.
Feely (2015), “An Introduction to Lawyering for the Rule of Law”
This article introduces a symposium on Yoav Dotan’s Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel, a landmark study of how state attorneys can both constrain and enable government power.
Ipsen (2020), “Repeat Players, The Law, And Social Change: Redefining The Boundaries Of Environmental And Labor Governance Through Preemptive And Authoritarian Legality”
This article highlights how attorneys are central to these strategies, revealing the political role of legal professionals in reinforcing corporate power under weakened democratic institutions.
Pereira (2003), “Explaining Judicial Reform Outcomes in New Democracies: The Importance of Authoritarian Legalism in Argentina, Brazil, and Chile”
This article investigates how the legacies of authoritarian legal systems influence the capacity of attorneys to drive judicial reform in emerging democracies, with case studies from Chile, Argentina, and Brazil.
Cui (2016), “Does Judicial Independence Matter: A Study of the Determinants of Administrative Litigation in an Authoritarian Regime”
This article examines administrative litigation against the government in authoritarian regimes, using over twenty years of data from China’s tax collection cases.
Pangaribuan (2024), “Navigating an Authoritarian Landscape: Criminal procedure and Defence Lawyers in Indonesia”
This article examines the challenges faced by defense lawyers operating within Indonesia’s authoritarian legal system.
Collins (2022), “Legitimation Narratives, Resistance, and Legal Cultures in Authoritarian and Post-authoritarian Chile: Lawyers and Judges in the (Post)-Transition”
This chapter explores the role of law, lawyers, and legal activism in authoritarian and transitional contexts, using Chile’s experience as a case study.
Stern and Liu (2021), “State-Adjacent Professionals: How Chinese Lawyers Participate in Political Life”
This article challenges the common view that Chinese lawyers are either dissident activists or politically disengaged professionals by focusing on a third category: lawyers who work closely with the state while still engaging in governance.
Stern and Liu (2020), “The Good Lawyer: State-Led Professional Socialization in Contemporary China”
This article examines how the Chinese state manages and shapes the legal profession in ways that support authoritarian rule, using mechanisms of professional socialization rather than relying solely on repression.
McCarthy and Mustafina (2024), “A Measure of Justice: Citizen Legal Advocates, Lay Lawyering, and Access to Justice in Russia”
This article explores how access to justice can be expanded in an authoritarian setting like Russia through the use of citizen legal advocates (CLAs)—ordinary citizens without formal legal education who represent defendants in criminal and administrative cases.
Southworth (2018), “Lawyers and the Conservative Counterrevolution”
Ann Southworth. “Lawyers and the Conservative Counterrevolution.” Law & Social Inquiry, vol. 43, no. 4 (2018): 1698–1728. This article analyzes how the conservative legal movement in the United States has successfully mobilized lawyers, organizations, and …
Southworth (2019), Lawyers of the Right Professionalizing the Conservative Coalition.
This article examines how conservative lawyers have strategically shaped the legal profession and political landscape in the United States, contributing to democratic backsliding by promoting ideologies that concentrate legal power within partisan movements.
Varga (2013), “Legal Mentality as a Component of Law. Rationality Driven Into Anarchy in America”
This article critiques the mythologized self-image of lawyers as neutral experts, arguing that in the absence of broader societal consensus, their function becomes both overextended and ideologically fraught, raising urgent questions about the legitimacy and limits of legal authority in postmodern, fragmented democratic societies.
Moran (2019), “The Three Ages of Modern American Lawyering and the Current Crisis in the Legal Profession and Legal Education”
The article calls for renewed attention to the civic and justice-oriented dimensions of legal training and leadership.
Ashar (2016), “Deep Critique and Democratic Lawyering in Clinical Practice”
This article critiques mainstream legal education reform discourse for neglecting social justice values and embracing neoliberal frameworks.
Khalikova and Kazun (2021), “Should I Stay, or Should I Go? Self-Legitimacy of Attorneys in an Authoritarian State”
This study investigates the professional challenges faced by lawyers in authoritarian regimes.
Brown (1938), Lawyers and the Promotion of Justice
This foundational study examines the legal profession in the United States as part of a broader inquiry into the roles and responsibilities of established and emerging professions.
Ziv (2008), “Regulation of Israeli Lawyers: From Professional Autonomy to Multi-Institutional Regulation”
This article examines reforms in disciplinary procedures and liability toward third parties, offering insights into the future direction of lawyer regulation in democratic societies.
Woods (2005), “Cause Lawyers and Judicial Community in Israel: Legal Change in a Diffuse, Normative Community”
This chapter examines how cause lawyers in Israel played a crucial role in encouraging the High Court of Justice (HCJ) to challenge religious authorities, marking a shift from judicial coexistence to conflict.
Michalowski (1998), “All or Nothing: An Inquiry into the (Im)Possibility of Cause Lawyering under Cuban Socialism”
This chapter explores whether cause lawyering can exist within Cuba’s socialist legal system.
Tam (2018), “Political Transition and the Rise of Cause Lawyering: The Case of Hong Kong”
This article analyzes how cause lawyering emerged and thrived in Hong Kong under authoritarian conditions.
Alford (2007), “Of Lawyers Lost And Found: Searching For Legal Professionalism In The People’s Republic Of China”
This article critically examines American assumptions about the development of the legal profession in China.
Lee (2017), “Beyond the ‘Professional Project’: The Political Positioning of Hong Kong Lawyers”
This article explores the political positioning of lawyers in Hong Kong, challenging conventional theories in the sociology of professions that focus on status and market control.
Alford (2010), “‘Second lawyers, first principles’: Lawyers, Rice-Roots Legal Workers, and the Battle Over Legal Professionalism in China”
This article explores the development and significance of these parallel legal personnel systems in China’s legal modernization.
Provost (2015), “Teetering on the Edge of Legal Nihilism: Russia and the Evolving European Human Rights Regime”
This article examines the fragile state of the rule of law in Russia, highlighting its complicated relationship with the European Court of Human Rights (ECHR) since Russia ratified the European Convention in 1998.
Roberts (2005), “After Government? On Representing Law Without the State”
This article includes a call for greater caution in representing non-state orderings as law, noting that traditional markers of legal authority, such as legislators and judges, remain largely tied to the state framework.
Hsu (2019), “The Political Origins of Professional Identity: Lawyers, Judges, and Prosecutors in Taiwan’s State Transformation”
This article argues that moments of political upheaval shape the legal profession’s collective identity, showing how divergent experiences under authoritarianism in Taiwan led judges, lawyers, and prosecutors to develop distinct normative commitments based on their roles in resisting or navigating state power during democratization.
Khalil (2023), “‘We Belong to the Streets’: Lawyers and Social Movements in Post-Revolution Egypt”
This chapter argues that in authoritarian and transitional contexts like Egypt, the evolving precarity of the legal profession transforms cause lawyers into adaptive, embedded actors who blend legal advocacy with grassroots activism to resist repression and support social movements.
Ignacio Fradejas-García and Kristín Loftsdóttir (2024), “Mobility Cause Lawyering: Contesting Regimes of (im)mobility in the Canary Islands Migration Route to Europe”
This article examines how cause lawyers and allied actors collectively resist restrictive EU migration policies during the Canary Islands crisis by strategically using legal and human rights tools to challenge exclusionary practices.
Nader (1995), “Lawyers and Law Students as Tools of Democracy”
The passage highlights that the true role of lawyers is to prevent injustice and promote democracy, elevating law from a trade to a profession.
Pavone (2024), “Lawyering in Hard Places: Comparative Dispatches from the Margins of Legality”
The article argues that in authoritarian and transitional contexts, cause lawyers often defy traditional roles by challenging state-aligned bar associations, supporting contentious movements, and using unconventional tactics to confront judicial and political oppression.
Fu and Cullen (2008), “Weiquan (Rights Protection) Lawyering in an Authoritarian State: Building a Culture of Public‐Interest Lawyering”
China’s legal profession has rapidly privatized, leading to greater lawyer organization and social advocacy within the one-party state, despite ongoing government control.
Stern (2017), “Activist Lawyers in Post-Tiananmen China”
The essay situates China’s Human Rights Lawyers within authoritarian legality studies, revealing how rights lawyers navigate China’s courts to pursue social activism amid the state’s efforts to use law while maintaining political control.
Oko (2000), “Consolidating Democracy on a Troubled Continent: A Challenge for Lawyers in Africa”
The article argues that lawyers are essential to Africa’s democratic transitions, but must overcome past associations with authoritarian regimes to regain public trust and fulfill their reformative potential.
Kapinga (1992), “The Legal Profession and Social Action in the Third World: Reflections on Tanzania and Kenya”
The legal professions in Tanzania and Kenya, despite operating under repressive state control, have played a crucial activist role in challenging authoritarianism—unlike their more individualistic counterparts in the West.
Shafqat (2019), “Civil Society and the Lawyers’ Movement of Pakistan”
This article analyzes how lawyers drove Pakistan’s 2007–2009 judicial movement, but civil society’s framing made its democratic impact possible.
Schaaf (2021), Litigating the Authoritarian State: Lawful Resistance and Judicial Politics in the Middle East
An examination of how citizens in Egypt, Jordan, and Palestine use law to resist authoritarianism, revealing that courts can serve as tools of accountability even under repressive regimes.
McEvoy, Mallinder, and Bryson (2022), Lawyers in Conflict and Transition
This book examines how lawyers in post-conflict and authoritarian states navigate repressive legal systems, weighing ethical obligations and risks as they choose to challenge or comply with injustice.
Stuart and Scheingold (2001), Cause Lawyering and the State in a Global Era
This book explores how globalization and democratization are enabling cause lawyers to use transnational networks to challenge the status quo and promote social change through legal advocacy.
Reid (1981), Lawyers and Politics in the Arab World
This book traces how lawyers in the Arab world evolved from anti-colonial leaders to marginalized figures under post-independence military regimes, highlighting the shifting intersection of law, politics, and power.
Oko (2009), “The Lawyer’s Role in a Contemporary Democracy, Promoting the Rule of Law, Lawyers in Fragile Democracies and the Challenges of Democratic Consolidation: The Nigerian Experience”
In fragile democracies, lawyers must help build and secure democratic institutions, a role best understood through context-specific analysis rather than abstract ideals.
Winn and Yeh (1995), “Advocating Democracy: The Role of Lawyers in Taiwan’s Political Transformation”
Despite some lawyers in Taiwan working for social justice, the idea of actively opposing a repressive state is not yet central to the legal profession, though ongoing democratization and legal reforms may enable a more politically engaged role for lawyers in the future.
Cummings (2024), “Lawyers in Backsliding Democracy”
This article argues that lawyers can be key agents of democratic backsliding, using legal tools to erode institutions and legitimize autocracy, and calls for reforms to strengthen the profession’s role in defending democracy.
Jakab (2020), “Informal Institutional Elements as Both Preconditions and Consequences of Effective Formal Legal Rules: The Failure of Constitutional Institution Building in Hungary”
An analysis of the role of Hungarian lawyers who are blind and to a certain extent, also defenseless against recent authoritarian tendencies.
Michalowski (1995), “Between Citizens and the Socialist State: The Negotiation of Legal Practice in Socialist Cuba”
An examination of both the relationship between the ideological and legal bases for the socialist practice of law in Cuba and the actual practice of law in one bufete colectivo.
Savelsberg (2000), “Contradictions, Law, and State Socialism”
An examination of the relationship of law to antagonisms and contradictions within state socialism, explored from a Weberian and a Marxian perspective.
Titaev and Shkliaruk (2016), “Investigators in Russia: Who Creates Practice in the Investigation of Criminal Cases”
Analyzes the role of investigators in the Russian criminal justice process.
Solomon, Jr. (1987), “The Case of the Vanishing Acquittal: Informal Norms and the Practice of Soviet Criminal Justice”
Explains the institutional reasons behind the decrease in acquittals following the death of Stalin due to the fears of judges and prosecutors of being held accountable for bringing unsustainable cases.
Newcity (2005), “Why Is There No Russian Atticus Finch? Or Even a Russian Rumpole”
An exploration of the differences in the societal expectations of lawyers in the United States and Russia, concluding that the sort of respect afforded to Atticus Finch is notably absent in Russia.
Khozhdaeva and Rabovski (2016), “Strategies and Tactics of Criminal Defenders in Russia in the Context of Accusatorial Bias”
Analysis of the institutional weakness of criminal defense lawyers in Russia due to the informal coalition between judges and prosecutors.
Goldstein (2022), “The Attorney’s Duty to Democracy: Legal Ethics, Attorney Discipline, and the 2020 Election”
An analysis of the roles that attorneys have played in facilitating democratic backsliding internationally to draw lessons for the American legal ethics regime.
Gatto (2016), “Race Law Revisited: A Brief Review of Anti-Semitism and the Role of Lawyers in Fascist Italy”
This article analyzes the ethical dilemmas faced by Italian lawyers during World War II, focusing on their roles in Fascist society, their responses to Mussolini's 1938 race laws, and their involvement in addressing the treatment of Jews in Italy, drawing on legal histories and survivor narratives.
Gadowska (2020), “Poland: Opening the Legal Profession”
This chapter explores how reforms in the recruitment of self-governing lawyer councils between 1989 and 2017 expanded access to the legal profession and improved the availability of legal services through a 15-year process of social and legal change.
Smith (1978), The Soviet Procuracy and the Supervision of Administration
Monograph analyzing the evolution and role of prosecutors in the Soviet Union.
Kucherov (1953), Courts, Lawyers and Trials under the Last Three Tsars
A historical look at the 19th-century Russian legal profession, highlighting anarchist trials and how lawyers used jury nullification to win acquittals.
Butler (2011), The Russian Legal Practitioner
Tracks the evolution of the legal profession in Russia. Includes a translation of the post-Soviet law on the legal profession.
Hendley and Solomon, Jr. (2024), The Judicial System of Russia
Overview of the Russian courts. Includes chapters dealing with political cases and the legal profession.
Sommerlad, Abel, and Hammerslev (2022), Lawyers in 21st-Century Societies: Vol. 2: Comparisons and Theories
Since 1988, global shifts—driven by neoliberalism, globalization, technological change, and the fall of the Soviet bloc—have transformed the legal profession, prompting a comparative analysis of its structure, roles, and challenges across issues like diversity, ethics, access to justice, and legal education.
Glendon (1996), A Nation Under Lawyers: How the Crisis in the Legal Profession Is Transforming American Society
Glendon outlines the changes within the legal system and offers her assessment of the people and ideas that are transforming our law-dependent culture.
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