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Books > Law > Jurisprudence & general issues > Legal profession
After working as a barristers' clerk, man and boy, for over thirty
years Stephen Ward wrote a collection of reminiscences of his
working life to date. He describes some of the characters he's met
together with some of the more amusing and repeatable anecdotes
from his life in the legal profession. During preparation of the
manuscript he was contacted unexpectedly by Claire Long, the
daughter of Frank Parsliffe who had written about his 50-year
career as a barristers' clerk from before the Second World War. As
a young clerk in London, Stephen had worked with Frank Parsliffe
(known as Tom) and it was agreed his unfinished memoirs would be
combined with Stephen's book. The result is a fascinating account
of how the work of a barristers' clerk has changed over the best
part of a century. Part One of the book is Stephen Ward's story of
his own career from the 1980s until the present day and the
technological changes that have taken place during that time. Frank
Parsliffe's career spanned a very different time from the 1930s to
the 1980s and his memoirs in Part Two reflect that. Frank also
recounts his experiences as a young man in the wartime RAF. After
four years away in the forces he returned to a very different
chambers.
Judges and legal scholars talk past one another, if they have any
conversation at all. Academics couch their criticisms of judicial
decisions in theoretical terms, which leads many judges-at the risk
of intellectual stagnation-to dismiss most academic discourse as
opaque and divorced from reality. In Divergent Paths, Richard
Posner turns his attention to this widening gap within the legal
profession, reflecting on its causes and consequences and asking
what can be done to close or at least narrow it. The shortcomings
of academic legal analysis are real, but they cannot disguise the
fact that the modern judiciary has several serious deficiencies
that academic research and teaching could help to solve or
alleviate. In U.S. federal courts, which is the focus of Posner's
analysis of the judicial path, judges confront ever more difficult
cases, many involving complex and arcane scientific and
technological distinctions, yet continue to be wedded to legal
traditions sometimes centuries old. Posner asks how legal education
can be made less theory-driven and more compatible with the present
and future demands of judging and lawyering. Law schools, he points
out, have great potential to promote much-needed improvements in
the judiciary, but doing so will require significant changes in
curriculum, hiring policy, and methods of educating future judges.
If law schools start to focus more on practical problems facing the
American legal system rather than on debating its theoretical
failures, the gulf separating the academy and the judiciary will
narrow.
In his new book, Lewis D. Sargentich shows how two different kinds
of legal argument - rule-based reasoning and reasoning based on
principles and policies - share a surprising kinship and serve the
same aspiration. He starts with the study of the rule of law in
life, a condition of law that serves liberty - here called liberal
legality. In pursuit of liberal legality, courts work to uphold
people's legal entitlements and to confer evenhanded legal justice.
Judges try to achieve the control of reason in law, which is
manifest in law's coherence, and to avoid forms of arbitrariness,
such as personal moral judgment. Sargentich offers a unified theory
of the diverse ways of doing law, and shows that they all arise
from the same root, which is a commitment to liberal legality.
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