The authority of lawyers
The public standing of lawyers has always been somewhat ambivalent. On the one hand, they have been taken for a conceited technocratical elite with their own incomprehensible language. On the other hand, they have been cherished as the number one trouble-shooter and peace-maker. Today, the traditio...
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Oñati International Institute for the Sociology of Law
2012-01-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/163 |
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| author | Heike Jung |
| author_facet | Heike Jung |
| author_sort | Heike Jung |
| collection | DOAJ |
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The public standing of lawyers has always been somewhat ambivalent. On the one hand, they have been taken for a conceited technocratical elite with their own incomprehensible language. On the other hand, they have been cherished as the number one trouble-shooter and peace-maker. Today, the traditional monopoly of lawyers has come under pressure. Rivaling professions such as mediators want to have their share of the conflict resolution market. Still, lawyers are likely to retain the greater bulk.
The author identifies and discusses the following reasons for this predominance
• the affinity of lawyers with the state and public authority;
• the reflex of the authority of law;
• the complex nature of legal systems and the ensuing need for professionalisation;
• a particular training in rhetorical, linguistic, communicative and social skills;
• the function of lawyers as ‘high priests’ of the judicial ritual;
• the real or supposed competence of lawyers to master each and every challenge irrespective of its nature and background;
• homogeneity of the group;
• the ability of lawyers to embrace and ‘swallow’ other disciplines.
The topic is part of the general discourse on the role of professional actors.
DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1986030
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| format | Article |
| id | doaj-art-40b3128d076b42e8869e36bacdeeea80 |
| institution | OA Journals |
| issn | 2079-5971 |
| language | English |
| publishDate | 2012-01-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-40b3128d076b42e8869e36bacdeeea802025-08-20T02:23:41ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712012-01-0119The authority of lawyersHeike Jung0Universität des Saarlandes The public standing of lawyers has always been somewhat ambivalent. On the one hand, they have been taken for a conceited technocratical elite with their own incomprehensible language. On the other hand, they have been cherished as the number one trouble-shooter and peace-maker. Today, the traditional monopoly of lawyers has come under pressure. Rivaling professions such as mediators want to have their share of the conflict resolution market. Still, lawyers are likely to retain the greater bulk. The author identifies and discusses the following reasons for this predominance • the affinity of lawyers with the state and public authority; • the reflex of the authority of law; • the complex nature of legal systems and the ensuing need for professionalisation; • a particular training in rhetorical, linguistic, communicative and social skills; • the function of lawyers as ‘high priests’ of the judicial ritual; • the real or supposed competence of lawyers to master each and every challenge irrespective of its nature and background; • homogeneity of the group; • the ability of lawyers to embrace and ‘swallow’ other disciplines. The topic is part of the general discourse on the role of professional actors. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1986030 https://opo.iisj.net/index.php/osls/article/view/163Lawyers and the powerthe power of lawyersthe role of professionalism in conflict resolution |
| spellingShingle | Heike Jung The authority of lawyers Oñati Socio-Legal Series Lawyers and the power the power of lawyers the role of professionalism in conflict resolution |
| title | The authority of lawyers |
| title_full | The authority of lawyers |
| title_fullStr | The authority of lawyers |
| title_full_unstemmed | The authority of lawyers |
| title_short | The authority of lawyers |
| title_sort | authority of lawyers |
| topic | Lawyers and the power the power of lawyers the role of professionalism in conflict resolution |
| url | https://opo.iisj.net/index.php/osls/article/view/163 |
| work_keys_str_mv | AT heikejung theauthorityoflawyers AT heikejung authorityoflawyers |