This article explores how cause lawyers operate in authoritarian or conflicted settings where legal outcomes are often predetermined and victories are rare.
Global Comparison
Abel (1985), “Lawyers and the Power to Change”
This article examines the marginalized yet politically potent fringe of the legal profession—lawyers who neither represent commercial interests nor serve as state functionaries, but who dedicate their practice to advancing the interests of the poor and disenfranchised.
Hopgood (2016), “Law and Lawyers in a World After Virtue”
David Kennedy’s critical legal scholarship challenges the traditional monopoly lawyers and legal scholars hold over defining law’s purpose, highlighting law as a form of political struggle rather than a neutral system.
Stauffer (2007), “The Rule of Law and its Shadow: Ambivalence, Procedure, and the Justice Beyond Legality”
This article argues that attorneys have a duty to act as guardians of justice in a legal order fraught with moral ambiguity and political pressure.
Smith (2022), “Judges and Democratization: Judicial Independence in New Democracies”
B.C. Smith, Judges and Democratization: Judicial Independence in New Democracies (2nd ed.). Oxfordshire: Routledge, 2022. Summary: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be …
Graver (2016), “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges.”
Hans Petter Graver, “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges”. Bergen Journal of Criminal Law & Criminal Justice, vol. 4, no.1 (2016): 125-49. Summary: The purpose of this article is to examine …
Moustafa (2014), “Law and Courts in Authoritarian Regimes.”
Tamir Moustafa, “Law and Courts in Authoritarian Regimes.” Annual Review of Law and Social Science, vol. 10, no.1 (2014): 281–299. Summary: This article surveys emerging research on the role of courts in authoritarian regimes, challenging …
Satterthwaite (2023), Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.”
Margaret L Satterthwaite, “Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.” Rutgers University Law Review, vol. 76 (2023): 1147-1188. Summary: This article addresses the critical role of an independent and effective judiciary …
Yam (2024), “Judging Under Authoritarianism”
J. Yam, “Judging Under Authoritarianism.” Mod Law Rev., vol. 87, no.4 (2024): 894-925. Summary: Authoritarianism has significant implications for how judges should discharge their duties. How should judges committed to constitutionalism conduct themselves when under …
Graver (2014), Judges Against Justice: On Judges When the Rule of Law is Under Attack.
Hans Petter Graver, Judges Against Justice: On Judges When the Rule of Law is Under Attack. New York City: Springer, 2014. Summary: This book explores concrete situations in which judges are faced with a legislature and …