Once a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years – when the students entering law schools today reach the peak of their profession – as it has over the last 300.
This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford’s critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the ‘critical’, ‘theoretical’ and ‘ethical’ dimensions of legal education and legal practice in making more effective practitioners – placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client’s ethical advice to playing a key role in the emergence of an international rule of law as they had to the ‘domestic’ rule of law.
The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.
Table of Contents
1. Dancing Around the Vortex: A Personal Introduction
Part I: Legal Education, Theory and Ethics
2. Law, Ethics and Institutional Reform: Finding Philosophy, Displacing Ideology
3. "Theoretical Dimensions" of Legal Education
(Charles Sampford (with David Wood))
4. Reflection: Philosophy in legal education: Promises and perils
(Hugh Breakey and Charles Sampford)
Part II: Australian Law Schools after Pearce – a case study in educating critical, theoretical and ethical lawyers?
5. Revisiting Pearce
6. Reflections on a Respectable Revolution
7. Law Student Numbers: Reassessing the Issues
(Charles Sampford (with Christine Parker))
8. Reflections on developments in Legal education
Part III: Legal Ethics: Opportunities and Challenges in Education & Practice
9. What’s a Lawyer doing in a nice place like this?
10. Educating Lawyers to be Ethical Advisers
(Charles Sampford (with Sophie Blencowe))
11. The Ethics of Employed lawyers
12. Reflection: Educating Ethical Lawyers
(Hugh Breakey and Charles Sampford)
13. Reflection: New Challenges to Ethical Practice
Part IV: Legal ethics in a globalizing world
14. Get New Lawyers!
15. More and more lawyers but still no judges
16. Goldsmith’s Delinquent Client
17. Professions without Borders: Global Ethics and the International Rule of Law
18. Reflection: New Challenges and opportunities for law, lawyering and legal education
Charles Sampford is the Foundation Dean of Law at Griffith University, Australia, (a law school which achieved a top 50 world ranking within 20 years) who has led a range of national and global research centres and currently directs the multi-university Institute of Ethics, Governance and Law.
Hugh Breakey is a Research Fellow at Griffith University’s Institute for Ethics, Governance and Law, Australia, and President of the Australian Association for Professional and Applied Ethics.