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Beyond Monopoly - Lawyers, State Crises, and Professional Empowerment (Hardcover)
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Beyond Monopoly - Lawyers, State Crises, and Professional Empowerment (Hardcover)
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How do professional associations build their resources and
establish authroity? What are the conditions under which
professional expertise can be mobilized for political action? If
professional organizations are endowed with a wealth of resources,
do they use them responsibly or only for economic monopoly? What is
the potential scope of professional action today?
In this pathbreaking study of the legal profession, Terence
Halliday raises and addresses these questions combining extensive
data from the rich archives o the Chicago Bar Association, one of
the nation's largest and wealthiest bar organizations, with data
from a national survey of bar legislative and judicial action.
Beyond Monopoly demonstrates that the primary commitment of lawyers
to economic monopoly has long been complemented by civic
professionalism as the legal profession takes on more
responsibility in the American democratic system when state
capabilities diminish.
Through his examination of three types of state crises in the 1950s
and 1960s--the challenges to legitimacy in the legal system, the
crisis of individual rights during McCarthyism and the civil rights
eras, and the fiscal crises of various state governments--Halliday
shows that large bar associations can have extensive influence on
any institution that is regulated by law. He argues that lawyers
have the capability of turning social and political issues into
technical legal matters in what he calls an idiom of legalism.
Under technical guise, lawyers come to exercise moral authority.
Halliday maintains that the American legal profession over the past
century has gone from a formative stage, when controlling its
market in the delivery of legal services was paramount, to an
established phase in the past two decades, when it has committed
extensive resources to the complex needs of the modern state. A de
facto bargain has been struck: if the state leaves the profession's
monopoly fairly intact, the profession can use its expert resources
to help the state adapt to strain and crisis. It can do so not only
in the legal system, where it has been championing autonomous law,
but in other spheres as well--from the economy to the private
sphere of individual rights.
Halliday confirms that the legal profession deploys its expertise
not merely to attain professional dominance, to control a market,
or to purvey an ideology, but to increase the viability of
democratic institutions. Beyond Monopoly introduces a pioneering
approach to a historical and comparative sociology of the
professions that will be of vital interest not only to
sociologists, but to political scientists and lawyers as
well.
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