This article explores how cause lawyers operate in authoritarian or conflicted settings where legal outcomes are often predetermined and victories are rare.
Evidence of Lawyers’ Resistance
Lee (2014), “Law as a Contested Terrain Under Authoritarianism”
This article reviews two recent books that examine the evolving role of law and legal activism under authoritarian rule in China and Hong Kong.
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.
Mustafina (2022), “Turning on the Lights? Publicity and Defensive Legal Mobilization in Protest‐Related Trials in Russia”
This article examines how defense lawyers in contemporary Russia strategically use publicity in trials involving protesters, despite the broader context of a politicized and often predetermined legal system.
Dorf and Chu (2018), “Lawyers as Activists: From the Airport to the Courtroom”
This article highlights the crucial role lawyers played in resisting authoritarian-leaning actions during a period of democratic backsliding in the United States, specifically under the Trump administration.
Sinnar (2017), “Human Rights, National Security, and the Role of Lawyers in the Resistance”
This article examines the role of lawyers in resisting democratic backsliding and authoritarian policymaking in the United States, particularly during the Trump administration.
Pils (2014), China’s Human Rights Lawyers: Advocacy and Resistance
This book provides a powerful analysis of the role of human rights lawyers operating within an authoritarian legal regime, focusing on China.
Lahav (2010), “Portraits of Resistance: Lawyer Responses to Unjust Proceedings”
This article explores the underexamined role of lawyers operating within manifestly unjust procedural regimes, particularly in the context of liberal democracies under internal stress.
Wendel (2010), Lawyers and Fidelity to Law
This book reimagines legal ethics as a commitment to the law’s role in resolving deep societal conflicts and maintaining political stability, rather than as a license for lawyers to bend legal rules in service of client interests.
Hualing (2011), “Challenging Authoritarianism through Law: Potentials and Limit”
This article explores the complex role of legal reform within authoritarian regimes, focusing on activist lawyers in China who strive to use the law to protect rights and promote social change.