NCJ Number
47625
Date Published
1976
Length
14 pages
Annotation
IT IS SUGGESTED THAT SINCE LAW AFFECTS ALL ASPECTS OF AMERICAN COMMERCIAL, POLITICAL, AND PERSONAL LIFE, LAWYERS HAVE BECOME A SORT OF PRIESTLY CLASS WIELDING CONSIDERABLE SOCIAL POWER.
Abstract
DURING THE COLONIAL ERA, LAWYERS PLAYED A KEY ROLE IN THE POLITICAL ORGANIZATION OF THE COUNTRY. THE POPULIST MOVEMENT REACTED TO THE PROMINENCE ACCORDED THE LEGAL PROFESSION, AND CONSEQUENTLY STANDARDS FOR ADMISSION TO THE BAR WERE LOWERED AND JUDGES WERE POPULARLY ELECTED. AFTER THE CIVIL WAR, THE BAR GREW IN POWER AND LAWYERS PLAYED A KEY ROLE IN ORGANIZING AND ADMINISTERING BUSINESS. THE LEGACIES OF THESE ERAS CAN BE SEEN IN DISPROPORTIONATE POWER LAWYERS WIELD AND THE ATTITUDES OF DISTRUST OF THE LEGAL PROFESSION HELD BY MANY. THE MYSTIQUE OF LAWYERS IS BASED PARTLY ON TRUTH AND PARTLY ON MYTH: THE TRUTH LIES IN THE FACT THAT LAWYERS' SPECIAL KNOWLEDGE OF THE LEGAL SYSTEM IS RELEVANT TO POLITICAL DECISIONS ABOUT ORDERING OF SOCIETY; THE MYTH IS THAT LEGAL EXPERTISE IS EQUIVALENT TO A GENERAL WISDOM ABOUT HUMAN AFFAIRS. IN FACT, LAWYERS DISPENSE LAW AS A PRACTICAL COMMODITY, NOT AS WISDOM, AND LAW IS PRACTICED AS A LIVELIHOOD MORE THAN AS A PROFESSION. LAWYERS MAY ARGUE AGAINST THIS NOTION OF LAW AS A COMMODITY ON THE BASIS THAT THE ADVERSARIAL PROCESS PERMITS TRUTH TO EMERGE AND JUSTICE TO BE DONE. HOWEVER, SUCH AN ARGUMENT IGNORES THE CRUCIAL EFFECTS WHICH ECONOMIC POWER CAN HAVE ON THE LEGAL SYSTEM. TO BELIEVE THAT THERE IS GENUINE EQUALITY BEFORE THE LAW REQUIRES THAT BOTH CRIMINAL AND CIVIL LAW BE ISOLATED FROM THE SOCIOPOLITICAL MATRIX IN WHICH THEY ARE PRACTICED. THE MYSTIQUE OF LAWYERS DISGUISES THE LAW'S SOCIAL INJUSTICE. THE PROFESSIONAL MYSTIQUE OF LAWYERS ALSO HAS BEEN TRANSFERRED TO THEIR PERSONALITY. WHILE LEGAL TRAINING AND EXPERIENCE MAY CULTIVATE ARTICULATENESS, REASONING ABILITY, AND OTHER INTELLECTUAL VIRTURES, IT MAY ALSO MINIMIZE PERSONAL, EMOTIONAL, AND ETHICAL ACCOUNTABILITY. THE LEGAL PROFESSION, IDENTIFIED THROUGH HISTORY WITH THE TRANSMITTAL OF THE HIGHEST REASON AND THE NOBILITY OF MAN, OFTEN NURTURES THE LOWEST INSTINCTS IN PRACTICE. IT IS SUGGESTED THAT WHAT IS NEEDED IN THE LEGAL PROFESSION IS NOT A MYSTIQUE ABOUT LEGAL IDEALS, BUT RATHER A WORKABLE BELIEF IN LEGAL IDEALS AS A PRACTICAL STANDARD APPLICABLE IN EVERYDAY LIFE. NOTES ARE PROVIDED. (JAP)