Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. The book draws on a framework that emphasizes the relationship between the national and the international, the strategies of lawyers at various political levels, and the circulation of ideas and people. As such, it considers the 'rule of law', not as a normative ideal that has to be accomplished and realized, but rather as a field of action and discourse that emerges through complex relationships among experts, national elites and global institutions. Through detailed empirical work, the contributors all examine the relationship between law, politics, and the state; focusing on lawyers and the social capital they posses and deploy, in order to understand the efficacy of the rule of law in different polities. Lawyers and the Rule of Law in an Era of Globalization will be invaluable for socio-legal scholars, students of the legal profession, as well as those with interests in law and development studies.
1."Introduction: Lawyers, Law, and Society" Yves Dezalay and Bryant G. Garth Part 1: Law Embedded in Social Capital and Converted into Legal and Political Capital 2. "Greasing the Squeaky Wheel of Justice: Lawyers, Social Networks and Dispute Processing in Venezuela" Manuel A. Gomez 3. "Lawyers, Political Embeddedness, and Institutional Continuity in China’s Transition from Socialism" Ethan Michelson 4. "The Classic Model and its Transformation" Maria Malatesta Part 2: Imported Know-How and Local Know-Who 5. "Human Rights and the Rule of Law in Argentina. Transnational Advocacy Networks and the Transformation of the National Legal Field" Virginia Vecchioli 6. Criminal Procedure Reform in Chile: New Agents and the Restructuring of a Field." Daniel Palacios Munoz 7. "The US and the EU in East European Legal Reform"Ole Hammerslev 8. "Judicial Reform and the Transnational Construction of the Rule of Law in Latin America: The Return of Law and Development" Cesar Rodriguez-Garavito Part 3: Testing Rule-of-Law Hypotheses in the Context of the Largest Asian Economies 9. Macquarie University, Sydney, Australia, "The Reform of the Profession of Lawyers in Japan: Impact on the Role of Law" Kaywah Chan 10. Hanyang University, Korea, "The Democratization and Internationalization of Korean Legal Field" Seong-Hyun Kim 11. Oxford/La Trobe, "Searching for Political Liberalism in all the Wrong Places: The Legal Profession in China as the Leading Edge of Political Reform?" Randall Peerenboom 12. "Conclusion. How to Convert Social Capital into Legal Capital and Transfer Legitimacy Across the Major Practice Divide" Yves Dezalay and Bryant G. Garth
During the past two decades, a substantial transformation of law and legal institutions in developing and transition countries has taken place. Whether prompted by the policy prescriptions of the so-called Washington consensus, the wave of democratization, the international human rights movement or the emergence of new social movements, no area of law has been left untouched. This massive transformation is attracting the attention of legal scholars, as well as scholars from other disciplines, such as politics, economics, sociology, anthropology and history. This diversity is valuable because it promotes cross-disciplinary dialogue and cooperation. It is also important because today the study of law cannot ignore the process of globalization, which is multifaceted and thus calls for inter-disciplinary skills and perspectives. Indeed, as globalization deepens, legal institutions at the national level are influenced and shaped by rules, practices and ideas drawn, imposed or borrowed from abroad.