This book explores the global role of lawyers and the broader “legal complex” as central actors in the struggle for political liberalism.
Global Comparison
Trochev, Ellett (2014), “Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance.”
Alexei Trochev and Rachel Ellett, “Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance.” Journal of Law and Courts, vol. 2, no. 1 (2014): 67–91. Summary: The social construction of judicial power …
Solomon (2007), “Courts and Judges in Authoritarian Regimes.”
Peter H Solomon, “Courts and Judges in Authoritarian Regimes.” World Politics, vol. 60, no. 1 (2007): 122–45. Summary: Typically, authoritarian leaders treat law and courts in an instrumental fashion and try to keep judges dependent and …
Ginsburg, Moustafa (2008), “Rule by Law: The Politics of Courts in Authoritarian Regimes”
Tom Ginsburg and Tamir Moustafa, eds. Rule by Law: The Politics of Courts in Authoritarian Regimes. Cambridge: Cambridge University Press, 2008. Summary: Scholars have generally assumed that courts in authoritarian states are pawns of their …
Woods and Barclay (2008), “Cause Lawyers As Legal Innovators With And Against The State: Symbiosis Or Opposition?”
This article challenges the traditional view of cause lawyers as inherently oppositional and leftist actors standing against a singular, monolithic state.
Roberts (2005), “After Government? On Representing Law Without the State”
This article includes a call for greater caution in representing non-state orderings as law, noting that traditional markers of legal authority, such as legislators and judges, remain largely tied to the state framework.
Sarat and Scheingold (1998), Cause Lawyering: Political Commitments and Professional Responsibilities
This book is a cross-national study of lawyers who devote themselves to serving political causes.
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.
Rogers (2005), “Power to Law: It’s Not as Bad as All That”
This book examines how legal practitioners can both enable and resist democratic erosion, depending on how they interpret, wield, or subvert the law.
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.