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.
Bibliography of Scholarly Work
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Turner (2002), “Intentional Targeting of Regime Elites: The Legal and Policy Debate”
This article highlights the complex legal and ethical challenges attorneys face when addressing state-sanctioned actions like targeted assassinations especially in the context of national security and counterterrorism.
Arend (2002), “International Law and Rogue States: The Failure of the Charter Framework”
In backsliding democracies facing such state behavior—whether through repression, abuse of power, or militarized actions—attorneys play a critical role as defenders of legal order and democratic accountability.
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.
Kwong (2024), “The Legal Profession in Battle: Cause Lawyers Versus State-Embedded Lawyers in Hong Kong’s Democratization”
This article explores how the Hong Kong state counters cause lawyering by promoting “state-embedded lawyers” who defend regime stability, resulting in a polarized legal profession that mirrors broader societal divisions and reshapes public perceptions of the rule of law under mainland China’s influence.
Kazun and Yakovlev (2024), “Who Demands Collective Action in an Imperfect Institutional Environment? A Case Study of the Profession of Advocates in Russia”
This article examines how ethically driven Russian criminal defense lawyers, motivated by professional values and exposure to rights violations, could form a collective force to strengthen professional associations, push for legal reform, and hold law enforcement accountable within a deteriorating democratic system.
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.
Crooke (2024), “Frustration and Fidelity: How Public Interest Lawyers Navigate Procedure in the Direct Representation of Asylum Seekers”
This study reveals how public interest lawyers strive to empower asylum seekers in Los Angeles despite facing significant challenges from a restrictive and politicized U.S. immigration system.
Abbas (2021), “Lawyers’ Movement For The Renaissance Of The Independent Judiciary In Pakistan”
The article highlights how Chief Justice Iftikhar Chaudhry’s challenge to military dominance in Pakistan sparked a nationwide lawyers’ movement that ultimately restored judicial independence and reshaped the country’s constitutional landscape.