Social Sciences › Law

Legal Education and Practice Innovations

Works Count: 131583

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This cluster of papers explores the impact of legal education on society, professionals, and access to justice. It delves into topics such as the health impacts of welfare rights advice, lawyer wellbeing, professionalism, ethical codes, and social exclusion. Additionally, it investigates civil justice problems and the role of clinical legal education in addressing societal issues.

Keywords

Legal Education; Welfare Rights Advice; Health Impacts; Professionalism; Access to Justice; Lawyer Wellbeing; Ethical Codes; Social Exclusion; Civil Justice Problems; Clinical Legal Education

The Conduct of Inquiry

1967-01-01

Ma. Natividad Jiménez Salas , Abraham Kaplan

The problems of jurisprudence

1991-02-01

Richard A. Posner

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been … In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer's craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keepingdiverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigonc to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner's stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.

Adversarial legalism: the American way of law

2002-03-01

Robert A. Kagan

American methods of policy implementation and dispute resolution are more and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and … American methods of policy implementation and dispute resolution are more and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In this book, Robert Kagan examines the origins and consequences of this system of adversarial legalism. Kagan describes the roots of legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods. Kagan notes that while legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This study aims to deepen our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.

May the Sheep Safely Graze? A Reflexive View of the Expert–Lay Knowledge Divide

1998-01-01

Brian Wynne

The Legal System: A Social Science Perspective.

1976-01-01

Donald M. Roper

38. After Virtue: A Study in Moral Theory

2015-07-29

Alasdair MacIntyre

Prologue to the Third Edition Preface 1. A Disquieting Suggestion 2. The Nature of Moral Agreement Today and the Claims of Emotivism 3. Emotivism: Social Content and Social Context 4. … Prologue to the Third Edition Preface 1. A Disquieting Suggestion 2. The Nature of Moral Agreement Today and the Claims of Emotivism 3. Emotivism: Social Content and Social Context 4. The Predecessor Culture and the Enlightenment Project of Justifying Morality 5. Why the Enlightenment Project of Justifying Morality Had to Fail 6. Some Consequences of the Failure of the Enlightenment Project 7. 'Fact', Explanation and Expertise 8. The Character of Generalizations in Social Science and their Lack of Predictive Power 9. Nietzsche or Aristotle? 10. The Virtues in Heroic Societies 11. The Virtues at Athens 12. Aristotle's Account of the Virtues 13. Medieval Aspects and Occasions 14. The Nature of the Virtues 15. The Virtues, The Unity of a Human Life and the Concept of a Tradition 16. From the Virtues to Virtue and After Virtue 17. Justice as a Virtue: Changing Conceptions 18. After Virtue: Nietzsche or Aristotle, Trotsky and St Benedict 19. Postscript Bibliography Index.

The Social Psychology of Procedural Justice

1988-01-01

E. Allan Lind , Tom R. Tyler

Gender trials: emotional lives in contemporary law firms

1996-07-01

Jennifer L. Pierce

Law Firms. Professor Pierce’s covert/ethnographic, overt/interview study of two Bay-area law firms shows that law firms are internally stratified. Men are at the top (with a small set of women) … Law Firms. Professor Pierce’s covert/ethnographic, overt/interview study of two Bay-area law firms shows that law firms are internally stratified. Men are at the top (with a small set of women) and, in 1989, earned an average of one quarter of a million dollars annually (before profit sharing); women are at the low middle (personnel workers, librarians) and bottom (legal secretaries, word processors, receptionists, case clerks, duplicating operators). The average salary for secretaries that year was $29,000, while paralegals earned an average of $30,000. In the large private firm Pierce studied, the attorney stratum (48 partners, 102 associates) was 99 percent white and 88 percent male; in the second site, the legal department of a large corporation (36 senior counsel, 114 associates), the attorney stratum was 95 percent white and 80 percent male. Focusing on both firms’ litigation units (as opposed to other types of law), Pierce shows that law firms are gendered hierarchies because the work performed in them is gendered, particularly with regard to emotion work. That is, men at the top perform the male-stereotyped emotional work of aggression, winning at all costs, humiliating the other, intimidating, wooing, strategic flattering, and marshaling all conceivable emotional resources in the name of being a successful adversary. The emotional work demanded of the overwhelming majority of female employees complements that of the men. The women use intuition to anticipate people’s needs. They reassure everyone (particularly the lawyers); they support and maintain the emotional stability of the lawyers through deferential treatment and caretaking; they affirm the status of everyone “above” them. Their job is to be pleasant and to work effectively with difficult people. Thus, instead of liberating men and women from sex-role stereotypes, high-powered law firms have had the opposite effect. While men in these law firms have sustained or even revived the atavistic “Rambo model” of masculinity, the women have sustained the model

Professional Dominance: The Social Structure of Medical Care.

1971-12-01

Herman Turk , Eliot Freidson

In the United States today we are confronted by a number of serious social problems, not the least of which concern the character of our basic human services. In each … In the United States today we are confronted by a number of serious social problems, not the least of which concern the character of our basic human services. In each of the broad public domains of welfare, education, law, and health there are crises of public confidence. Each in its own way is failing to accomplish its essential mission of alleviating material deprivation, instructing the young, controlling and righting criminal and civil wrongs, and healing the sick. The poor, the student, the offender and the victim, the sick-all have in some way protested the failure of the institutions responsible for them. And these protests occur at a time when the human services are absorbing an increasingly massive amount of money and manpower. Awareness of that crisis intensified in the second half of the twentieth century. Increasing energy has been invested in research designed to determine what can be done. Each of the human services has long had its own research tradition, but during the sixties each has also made a concerted effort to mobilize and use the skills of such comparatively new disciplines as sociology. Owing to these new demands, sociology itself has grown. The hitherto obscure specialties of the sociology of law and medicine and the established specialties of criminology and educational sociology have taken on new vigor. Rather than dealing with the details of the human services for their own sake-and this lack of detail in a characteristic limitation of the second approach-this book shall instead attempt to stand outside the system in order to delineate one of its critical assumptions and a strategic feature of its basic structure. This book deals with the concept of profession, on assumptions about how services to laymen should be controlled and is realized by a special kind of social structure that organizes the presentation of those services.

Tacit Knowledge in Professional Practice

1999-02-01

Robert J. Sternberg , Joseph A. Horvath

Contents: J.A. Horvath, Preface: Tacit Knowledge in the Profession. Part I:Law. G. Marchant, J. Robinson, Is Knowing the Tax Code All It Takes to Be a Tax Expert? On the … Contents: J.A. Horvath, Preface: Tacit Knowledge in the Profession. Part I:Law. G. Marchant, J. Robinson, Is Knowing the Tax Code All It Takes to Be a Tax Expert? On the Development of Legal Expertise. E.B. Spaeth, Jr., What a Lawyer Needs to Learn. Part II:Military Command. J.A. Horvath, G.B. Forsythe, R.C. Bullis, P.J. Sweeney, W.M. Williams, J.A. McNally, J.A. Wattendorf, R.J. Sternberg, Experience, Knowledge, and Military Leadership. W.F. Ulmer, Jr., Military Learnings: A Practitioner's Perspective. Part III:Medicine. V.L. Patel, J.F. Arocha, D.R. Kaufman, Expertise and Tacit Knowledge in Medicine. J.J. Cimino, Development of Expertise in Medical Practice. Part IV:Management. C. Argyris, Tacit Knowledge in Management. N.G. Hatsopoulos, G.N. Hatsopoulos, The Role of Tacit Knowledge in Management. Part V:Sales. R.K. Wagner, H. Sujan, M. Sujan, C.A. Rashotte, R.J. Sternberg, Tacit Knowledge in Sales. S. Gregory, Tacit Knowledge in Sales: A Practitioner's Perspective. Part VI:Teaching. B. Torff, Tacit Knowledge in Teaching: Folk Pedagogy and Teacher Education. J. Minstrell, Expertise in Teaching. R.J. Sternberg, Epilogue--What Do We Know About Tacit Knowledge? Making the Tacit Become Explicit.

After virtue: A study in moral theory

1985-01-01

Michael Maidan

Ethics: Inventing Right and Wrong.

1979-01-01

Fred Feldman , J. L. Mackie

This title presents an insight into moral skepticism of the 20th century. The author argues that our every-day moral codes are an 'error theory' based on the presumption of moral … This title presents an insight into moral skepticism of the 20th century. The author argues that our every-day moral codes are an 'error theory' based on the presumption of moral facts which, he persuasively argues, don't exist. His refutation of such facts is based on their metaphysical 'queerness' and the observation of cultural relativity.

Ethics Creep: Governing Social Science Research in the Name of Ethics

2004-01-01

Kevin D. Haggerty

Getting Justice and Getting Even: Legal Consciousness among Working-Class Americans.

1991-05-01

Nancy E. Reichman , Sally Engle Merry

Ordinary Americans often bring family and neighborhood problems to court, seeking justice or revenge. The litigants in these local squabbles encounter law at its boundaries in the corridors of busy … Ordinary Americans often bring family and neighborhood problems to court, seeking justice or revenge. The litigants in these local squabbles encounter law at its boundaries in the corridors of busy city courthouses, in the offices of court clerks, and in the church parlors used by mediation programs. Justice and Getting Even concerns the legal consciousness of working class Americans and their experiences with court and mediation. Following cases into and through the courts, Sally Engle Merry provides an ethnographic study of local law and of the people who use it in a New England city. The litigants, primarily white, native-born, and working class, go to court because as part of mainstream America they feel entitled to use its legal system. Although neither powerful nor highly educated, they expect the law's support when they face intolerable infringements of their rights, privacy, and safety. Yet as personal problems enter the legal system and move through mediation sessions, clerk's hearings, and prosecutor's conferences, the citizen plaintiff rapidly loses control of the process. Court officials and mediators interpret and characterize the meaning of these experiences, reframing and categorizing them in different discourses. Some plaintiffs yield to these interpretations, but others resist, struggling to assert their own version of the problem. Ultimately, Merry exposes the paradox of legal entitlement. While going to court allows an individual to dominate domestic relationships, the litigant must increasingly yield control of the situation to the court that supplies that power.

Signature pedagogies in the professions

2005-06-01

Lee S. Shulman

Daedalus Summer 2005 The psychoanalyst Erik Erikson once observed that if you wish to understand a culture, study its nurseries. There is a similar principle for the understanding of professions: … Daedalus Summer 2005 The psychoanalyst Erik Erikson once observed that if you wish to understand a culture, study its nurseries. There is a similar principle for the understanding of professions: if you wish to understand why professions develop as they do, study their nurseries, in this case, their forms of professional preparation. When you do, you will generally detect the characteristic forms of teaching and learning that I have come to call signature pedagogies. These are types of teaching that organize the fundamental ways in which future practitioners are educated for their new professions. In these signature pedagogies, the novices are instructed in critical aspects of the three fundamental dimensions of professional work –to think, to perform, and to act with integrity. But these three dimensions do not receive equal attention across the professions. Thus, in medicine many years are spent learning to perform like a physician; medical schools typically put less emphasis on learning how to act with professional integrity and caring. In contrast, most legal education involves learning to think like a lawyer; law schools show little concern for learning to perform like one. We all intuitively know what signature pedagogies are. These are the forms of instruction that leap to mind when we 1⁄2rst think about the preparation of members of particular professions–for example, in the law, the quasi-Socratic interactions so vividly portrayed in The Paper Chase. The 1⁄2rst year of law school is dominated by the case dialogue method of teaching, in which an authoritative and often authoritarian instructor engages individual students in a large class of many dozens in dialogue about an appellate court case of some complexity. In medicine, we immediately think of the phenomenon of bedside teaching, in which a senior physician or a resident leads a group of novices through the daily clinical rounds, engaging them in discussions about the diagnosis and management of patients’ diseases. I would argue that such pedagogical signatures can teach us a lot about the personalities, dispositions, and cultures Lee S. Shulman

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Organizational and Professional Commitment in Professional and Nonprofessional Organizations

1995-06-01

Jean E. Wallace

An earlier version of this paper was presented at the 1994 American Sociological Meetings, Los Angeles. This research was funded by the Alberta Law Foundation (Grant #6035) and the Social … An earlier version of this paper was presented at the 1994 American Sociological Meetings, Los Angeles. This research was funded by the Alberta Law Foundation (Grant #6035) and the Social Sciences and Humanities Research Council of Canada (Award #725-91-3002), and assistance was provided by the Law Society of Alberta. I wish to thank Charles W. Mueller for his helpful suggestions and advice on earlier drafts of this paper. This paper has also benefited greatly from the insightful and constructive comments of the editor, Stephen R. Barley, and the Managing Editor, Linda J. Pike, as well as the feedback provided by the three anonymous ASQ reviewers. This study of lawyers examines the degree to which professionals in general and lawyers in particular are committed to their profession and the organizations that employ them. I examine how the different structural arrangements of professional and nonprofessional organizations relate to lawyers' organizational and professional commitment. Results show that organizational commitment is highly dependent on perceived opportunities for career advancements and the criteria used in the distribution of rewards. Few of the structural characteristics are important in explaining professional commitment, and lawyers working in nonprofessional organizations are significantly less committed to the legal profession than those working in professional organizations. The results of this study suggest that future research must look beyond the structural characteristics of professionals' work settings if we want to gain a more comprehensive understanding of the factors affecting professional commitment.'

Aristotle Nicomachean Ethics

2014-02-03

This new edition of Aristotle's Nicomachean Ethics is an accurate, readable and accessible translation of one of the world's greatest ethical works. Based on lectures Aristotle gave in Athens in … This new edition of Aristotle's Nicomachean Ethics is an accurate, readable and accessible translation of one of the world's greatest ethical works. Based on lectures Aristotle gave in Athens in the fourth century BCE, Nicomachean Ethics is one of the most significant works in moral philosophy, and has profoundly influenced the whole course of subsequent philosophical endeavour. It offers seminal, practically oriented discussions of many central ethical issues, including the role of luck in human well-being, moral education, responsibility, courage, justice, moral weakness, friendship and pleasure, with an emphasis on the exercise of virtue as the key to human happiness. This second edition offers an updated editor's introduction and suggestions for further reading, and incorporates the line numbers as well as the page numbers of the Greek text. With its emphasis on accuracy and readability, it will enable readers without Greek to come as close as possible to Aristotle's work.

After Virtue: A Study in Moral Theory.

1982-05-01

Murray L. Wax , Alasdair MacIntyre

Moral Relativism Defended

1975-01-01

Gilbert Harman

Code of professional conduct

2004-10-24

National Institute of Justice

2004-01-01

Positivism and Fidelity to Law: A Reply to Professor Hart

1958-02-01

Lon L. Fuller

The hollow hope: can courts bring about social change?

1991-12-01

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Storytelling for Oppositionists and Others: A Plea for Narrative

1989-08-01

Richard Delgado

Everyone has been writing stories these days. And I don't just mean writing about stories or narrative theory, important as those are.1 I mean actual stories, as in once-upon-a-time type … Everyone has been writing stories these days. And I don't just mean writing about stories or narrative theory, important as those are.1 I mean actual stories, as in once-upon-a-time type stories. Derrick Bell has been writing Chronicles, and in the Harvard Law Review at that.2 Others have been writing dialogues,3 stories,4 and metastories.5 Many others have been daring to become more personal in their writing, to inject narrative, perspective, and feeling how it

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Justice: What’s the Right Thing to Do

2010-12-31

Heuy Lee

Situating the Self: Gender, Community and Postmodernism in Contemporary Ethics.

1994-07-01

Nanette Funk , Seyla Benhabib

The Responsible Electorate

1966-12-31

V. O. Key

The International encyclopedia of ethics

2013-08-20

Discipline and Punish

2007-01-01

Michel Foucault

The abuse of casuistry: a history of moral reasoning

1988-12-01

An Enquiry Concerning the Principles of Morals

1751-01-01

David Hume

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Aristotle: Nicomachean Ethics

2000-03-30

Aristotle 

Aristotle's Nicomachean Ethics, based on lectures that he gave in Athens in the fourth century BCE, is one of the most significant works in moral philosophy, and has profoundly influenced … Aristotle's Nicomachean Ethics, based on lectures that he gave in Athens in the fourth century BCE, is one of the most significant works in moral philosophy, and has profoundly influenced the whole course of subsequent philosophical endeavour. It is soundly located within a philosophical tradition, but its argument differs markedly from those of Plato and Socrates in its emphasis on the exercise - as opposed to the mere possession - of virtue as the key to human happiness, offering seminal discussions of ethical issues that are practical in their intent. Topics covered include the role of luck in human wellbeing, moral education, responsibility, courage, justice, moral weakness, friendship and pleasure. This accessible new translation by Roger Crisp follows the Greek text closely and also provides a non-Greek-reader with the flavour of the original. The volume also includes a historical and philosophical introduction and notes on further reading.

The Future of the Professions

2015-10-22

Richard Susskind , Daniel Susskind

This book predicts the decline of today's professions and describes the people and systems that will replace them. In an Internet society, according to Richard Susskind and Daniel Susskind, we … This book predicts the decline of today's professions and describes the people and systems that will replace them. In an Internet society, according to Richard Susskind and Daniel Susskind, we will neither need nor want doctors, teachers, accountants, architects, the clergy, consultants, lawyers, and many others, to work as they did in the 20th century. The Future of the Professions explains how 'increasingly capable systems' -- from telepresence to artificial intelligence -- will bring fundamental change in the way that the 'practical expertise' of specialists is made available in society. The authors challenge the 'grand bargain' -- the arrangement that grants various monopolies to today's professionals. They argue that our current professions are antiquated, opaque and no longer affordable, and that the expertise of their best is enjoyed only by a few. In their place, they propose six new models for producing and distributing expertise in society. The book raises important practical and moral questions. In an era when machines can out-perform human beings at most tasks, what are the prospects for employment, who should own and control online expertise, and what tasks should be reserved exclusively for people? Based on the authors' in-depth research of more than ten professions, and illustrated by numerous examples from each, this is the first book to assess and question the relevance of the professions in the 21st century.

Academic Dishonesty: Honor Codes and Other Contextual Influences

1993-09-01

Donald L. McCabe , Linda Klebe Treviño

Why People Obey the Law

2006-12-31

Tom R. Tyler

Lying in everyday life.

1996-01-01

Bella M. DePaulo , Deborah A. Kashy , Susan E. Kirkendol +2 more

Situating the Self: Gender, Community, and Postmodernism in Contemporary Ethics.

1994-08-01

Cheshire Calhoun , Seyla Benhabib

Toward a new common sense: law, science and politics in the paradigmatic transition

1996-02-01

An Enquiry Concerning the Principles of Morals

1777-01-01

David Hume

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The Philosophy of Moral Development Moral Stages and the Idea of Justice

1981-01-01

Lawrence Kohlberg

Legal Core Values and Beyond

2025-06-25

Åsa Wettergren , Moa Bladini , Sara Uhnoo | Bristol University Press eBooks

The Making and Breaking of Consent Defences

2025-06-25

Åsa Wettergren , Moa Bladini , Sara Uhnoo | Bristol University Press eBooks