This article critiques the ethical assumptions underlying liberal legal professionals’ engagement with authoritarian regimes, particularly through the lens of modernization theory, which once promised that economic development would naturally lead to democratization.
Ethics and Professional Responsibility
Petrigh (2024), “Counseling Oppression”
This article critically examines the role of public defenders in counseling clients within a carceral system, highlighting how the act of legal counseling can simultaneously reinforce systemic oppression and serve as a site for resistance and transformation.
Ashar (2007), “Public Interest Lawyers and Resistance Movements”
This article examines how public interest lawyers engage with and support resistance movements that challenge the economic, political, and social consequences of globalization and neoliberalism.
Halliday, Karpik, Feeley (2007), Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism
This book explores the global role of lawyers and the broader “legal complex” as central actors in the struggle for political liberalism.
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.
Ebuara (2016), “The Pivotal Role of a Lawyer in Combating Official Corruption in Nigeria”
This article examines how lawyers—as judges, prosecutors, and defense attorneys—may contribute to sustaining corruption, while also exploring their potential role as agents of social change.
Shamir and Chinski (1998), “Destruction of Houses and Construction of a Cause: Lawyers and Bedouins in the Israeli Courts”
This chapter highlights how lawyers navigate a complex legal and political landscape, using the law both to resist state power and to assert the rights of a vulnerable community within an authoritarian-leaning framework.
Baer (2019), “Democracy in Peril: A Call for Amici and Amicae Curiae and Critical Lawyering”
In the face of rising autocratic populism, this article underscores the vital role of critical lawyering in upholding the independence and integrity of constitutional courts, which are key pillars of democratic governance.
Graczyk (2024), “Postwar Convictions of Nazi Judges and Prosecutors for Their Activities in the Occupied Polish Territories (1939-1945)”
This article provides a synthetic overview of prior research into the postwar criminal convictions of lawyers, specifically judges and prosecutors, who operated in Nazi-occupied Polish territories.
Simpson (2008), “Warriors, Humanitarians, Lawyers: The Howard Government and the Use of Force”
In backsliding democracies or states engaged in controversial military actions, attorneys serve as key actors in holding governments accountable to international law, interpreting complex legal standards like the crime of aggression, and ensuring legal debates remain part of public discourse.