Lawyers in society . Volume 3 , Comparative theories

목차 (Table of Contents)

• CONTENTS
• Preface = xi
• 1. Lawyers in Cross-Cultural Perspective / Lawrence M. Friedman = 1
• The Functional Approach = 2
• Size of the Profession = 5
• Inside Matters = 9
• Effect = 10
• Lawyers and Legal Pluralism = 11
• Lawyers and the Rise of Capitalism = 16
• Image and Reality = 18
• Lawyers and the Status Quo = 20
• Empirical Evidence = 21
• 2. Comparison and Change in the Study of Legal Professions / Philip S. C. Lewis = 27
• An Example = 27
• Introduction = 27
• Intellectual Contexts of the Study of Lawyers = 30
• The "Legal System" Approach = 31
• Politics = 37
• Economics = 44
• Culture = 45
• Sociology = 45
• Aims and Methods of Comparison = 46
• Objects of Comparison = 51
• Legal Occupations = 51
• Functions = 56
• History = 56
• Types of Change = 60
• Deliberate Change = 61
• One Change Leads to Another = 62
• 3. Comparative Sociology of Legal Professions / Richard L. Abel = 80
• A Theoretical Framework = 80
• Supply Control: Production of Producers = 84
• Quotas and Exclusions = 84
• Formal Education = 85
• Apprenticeship = 90
• Professional Examination = 92
• Starting Practice = 94
• Conclusion = 95
• Fluctuations in the Number or Lawyers = 96
• Periodization = 96
• The Entry of Women = 100
• Internal Differentiation: Categories of Producers = 101
• Supply Control: Production by Producers = 106
• Definition and Protection of the Professional Monopoly = 106
• Competition Among Licensed Professionals = 108
• Demand Creation = 110
• Internal Differentiation of the Profession: Ascription in Recruitment and Allocation = 113
• Class Background = 113
• Race = 115
• Gender = 116
• Age = 119
• Geographic Distribution = 120
• Structures of Private Practice = 121
• Solo and Small Firm Practice = 122
• Large Firms = 123
• The Work of Private Practitioners = 125
• Income and Status = 127
• Professional Associations = 130
• Discipline = 133
• Conclusion = 135
• 4. From the Other End of the Telescope: Deprofessionalization, Reprofessionalization, and the Development of Higher Education, 1950-1986 = 154
• Guy Neave
• Introduction = 154
• Changes in the Relationship between Higher Education and the Polity = 156
• Three Perspectives on Change = 157
• The Withering Away of the State Labor Market = 159
• New Policies for Higher Education in Western Europe = 160
• Strategies of Deflection = 161
• Redefinition of the Higher Education Labor Market = 162
• New Ideologies and New Views on the University's Role = 163
• Access to Higher Education = 164
• Dual Monopoly and Quality Control = 165
• The Move fro Higher Education: Key Factors = 166
• Transfer Rates = 167
• Admission to University = 168
• Growth in Enrollment in Higher Education = 168
• Enrollment Rates: Legal Studies = 169
• The Place of Legal Studies in the University: A Quantitative View = 170
• The Feminization of Higher Education = 171
• Patterns in Graduation, 1950-1980 = 172
• Graduation Rates = 174
• Graduate Output: Law = 174
• Conclusion = 175
• 5. Feminization of the Legal Profession: The Comparative Sociology of Women Lawyers / Carrie Menkel-Meadow = 196
• Introduction: Comparative Frameworks = 196
• A Brief History of Women in the Professions = 199
• Women's Participation in the Legal Profession = 205
• Women in Legal Education = 205
• Women in the Legal Profession: Overview = 208
• Occupational Segregation of Women in the Legal Profession = 211
• Public versus Private Sector and Litigation versus Transactional Lawyering = 212
• Work and Life Cycle = 214
• Race = 215
• The Judiciary = 216
• Women in Legislatures = 216
• Bar Associations = 216
• Substantive Law Reform = 217
• Women Lawyers' Income = 217
• Explanations: Theories of Occupational Segregation = 218
• "Preferences" = 220
• Socialization = 220
• Human Capital Theory = 220
• Institutional Opportunity Structures = 220
• Exclusionary Patriarchy = 222
• Impact of the "Feminization" of the Legal Profession on the Profession, the Law, and Women = 222
• Feminist Theory = 223
• Perceptions of Differences: The Data = 225
• "Satisfaction" Studies = 225
• Gender Difference and Work = 227
• Portia in a Different Voice? = 229
• "Affiliational Feminism" = 230
• The Adversary System = 231
• Work Organization and Oppositional Values = 232
• Leadership = 233
• Substantive Law Reform = 233
• The Dangers of "Difference" = 234
• Do Women Make a Difference in Other Professions? = 234
• Medicine = 235
• Architecture = 235
• Business Management = 236
• Science = 236
• "Women's" Professions: Teaching, Nursing, Social Work, and Librarianship = 236
• Social Structure of the Professions = 237
• Conclusion: Of Fears and Hopes = 238
• 6. The Legal Profession and the Rise and Fall of the New Class / Ivan Szel$$\acute a$$nyi ; Bill Martin = 256
• Critical Theories of Intellectuals and the Legal Profession = 256
• Professionalism as a "Collective Mobility Project" or a New Class Project of Intellectuals? = 256
• Toward a Synthesis = 257
• The Shift from Supply Control to Demand Creation in the Legal Profession: A New Collective Mobility = 259
• Strategy of an Old Privileged Stratum or Integration into the New Class? = 261
• Lawyers as Professionals Par Excellence and Thus the Least Likely Candidates to Join the New Class = 264
• Professionalism: Antithetical to the New Class Project? = 265
• Conflict between Professionalism and Bureaucracy: Bureaucratization as Deprofessionalization = 266
• The Professionalism of Lawyers = 269
• Trends Toward Deprofessionalization―Recent Changes in the Nature of the Legal Profession = 272
• The Loss of Supply Control = 273
• Bureaucratization = 276
• Are Lawyers Losing Their Role as "Organic Intellectuals"? = 279
• After the Fall of the New Class Project: Proletarianization or Reprofessionalization? = 282
• 7. Comparing Legal Professions: A State-Centered Approach / Dietrich Rueschemeyer = 289
• Cross-National Variation and Problems of Conceptualization = 291
• A State-Centered View of the European Historical Background = 300
• Contrasting State Structure and Patterns of Law Work = 305
• The Profession-Centered Approach Revisited = 311
• 8. Revolution as a Starting Point for the Comparative Analysis of the French, American, and English Legal Professions / Michael Burrage = 322
• The Goals of Professional Action = 322
• France: Recovering from the Revolutionary Assault = 326
• The Comparability of the Three Revolutions = 338
• The United States: A Revolution Discovered = 338
• England: A Revolution in Defense of Established Rights = 351
• England: The Rise of a Second Legal Profession = 360
• Comparisons and Counterhypotheses = 366
• 9. Legal Professions and Politics: Neocorporatist Variations on the Pluralist Theme of Liberal Democracies / Terence C. Halliday = 375
• Sociological Approaches to Professions = 377
• Pluralism and Neocorporatism = 379
• Interest Intermediation = 379
• Modes of Policy-Making = 381
• Policy Implementation = 381
• Organizational Prerequisites for Neocorporatism = 386
• Configurations of Lawyers' National Associations = 386
• The Internal Politics of National Associations = 392
• Societal and Communal Antecedents of Neocorporatism in the Legal Profession = 394
• State Prerequisites for Neocorporatism in the Legal System = 396
• State Formation and Reformation = 397
• Constitutional Forms = 399
• Sectoral Homology = 400
• Precipitating Conditions = 401
• Opposition, Competition, and Concertation = 403
• Opposition = 404
• Competition = 406
• Concertation = 407
• Legislatures and Executives = 408
• Administrative Bodies = 409
• Parliamentary Committees = 409
• The Judiciary = 410
• Neocorporatism: Theoretical Promise and Empirical Prospects = 411
• 10. The Changing Functions of Lawyers in the Liberal State: Reflections for Comparative Analysis / Magali Sarfatti Larson = 427
• Law as a Metainstitutional Order: The Functions of Memory and Representation = 429
• The Private-Public Boundary: Citizen-Constitutive Functions = 435
• The Appropriation of State-Constituent Functions = 442
• The Matrix of Deprofessionalization = 451
• 11. Putting Law Back into the Sociology of Lawyers / Richard L. Abel ; Philip S. C. Lewis = 478
• Lawyers in the Economy, Society, and Polity = 479
• Comparisons Across Societies = 479
• Comparisons Within Societies = 484
• What Do Lawyers Do for Their Clients? = 487
• Lawyers and the Balance of Advantage = 488
• The Repertoire of Lawyer Functions = 489
• How Does the Lawyer―Client Relationship Shape Lawyer Behavior? = 494
• Lawyers and Functional Alternatives = 496
• What Do Lawyers Know? = 501
• Conclusion = 513
• Contributors = 527
• Index = 531