Published in 1999, this volume contributes to the debate on convergence and differences in the role of law and legal institutions throughout the world. Globalization and technology may allow convergence of lawyers training, practices and values. However, local conditions may create resistances and barriers which must be acknowledged and studied. The book focuses on social values in legal education and practice in four regions: East Asia, South Asia, South-East Asia and Latin America.
Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.
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