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.
Politics Within the Legal Profession
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.
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.
Myint (2014), Legal Hybridity: Rule of Law Under Authoritarianism
The article explains how authoritarian regimes like Singapore exhibit legal hybridity by using law both to strengthen control and to limit their own power, blending elements of rule of law and rule by law.
Marshall and Hale (2014), “Cause Lawyering”
Cause lawyering is a distinct form of legal practice shaped by the social and political context, particularly the dynamics between lawyers and their clients, which influences both its methods and the identities it produces.
Aral (2024), “International Lawyers as Hope Mongers: How Did We Come to Believe That Democracy Was Here to Stay?”
The article argues that current fears of democratic decline arise from unrealistic expectations rooted in Cold War-era progress narratives that presumed inevitable democratic consolidation.