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Legal profession

About: Legal profession is a research topic. Over the lifetime, 11963 publications have been published within this topic receiving 117807 citations. The topic is also known as: legal professional.


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Book
01 Jan 1881
TL;DR: The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence as mentioned in this paper, and it is the work that is most closely related to our own work in the sense that it can meet the changing needs of society while preserving continuity with the past.
Abstract: The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining the society's current needs, and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole. According to Holmes, the social environment - the economic, moral, and political milieu - that is, the background of legal intervention, alters over time. Therefore, in order to remain responsive to this social environment, the law must change as well. But, of course, the law is also part of this environment and impacts it. There is, then, a continual reciprocity between the law and the social arrangements in which it is contextualized. And, as with the evolution of species, there is no starting over. Rather, in most cases, a judge takes existing legal concepts and principles, as these have been memorialized in legal precedent, and adapts them, often unconsciously, to fit the requirements of a particular case and present social conditions.

751 citations

Journal ArticleDOI
TL;DR: In this article, the authors present a new analysis of the concept of legitimate authority and give a detailed explanation of the legal positivist's approach to law, emphasizing its moral importance.
Abstract: This book is concerned with the nature of law and its relation to morality, concentrating on the proper moral attitude of a citizen towards the law of his country. The author begins by presenting a new analysis of the concept of legitimate authority and then gives a detailed explanation of the legal positivist's approach to law. Within this framework the author examines several areas where legal analysis is often thought to be impregnated with moral values, namely the social functions of law, the ideals of the rule of law, and the role of the courts. The last part of the book is devoted to some key substantive problems. The author argues that there is no obligation to obey the law. He provides a new analysis of respect for law, emphasizing its moral importance. The author maintains there is no right to civil disobedience in a liberal state (though actos of civil disobedience may occasionally be justified even in such a state) and he argues for a right of conscientious objection in certain areas.

751 citations

Book
01 Jan 1971
TL;DR: Tables of statutes and cases, Kings and Queens of England since 1066 and abbreviations are given in this article, where real property: Feudal Tenure. Real Property: Inheritance and Estates.
Abstract: Tables of statutes and cases, Kings and Queens of England since 1066 and abbreviations. Law and Custom in early Britain. Origins of the Common Law. Superior Courts of Common Law. Forms of Action. Jury and Pleading. Court of Chancery and Equity. Conciliar Courts. Ecclesiastical Courts. Judicial Review of Decisions. Legal Profession. Legal Literature. Law Making. Real Property: Feudal Tenure. Real Property: Feudalism and Uses. Real Property: Inheritance and Estates. Real Property: Family Settlements. Other Interests in Land. Contract: Covenant and Debt. Contract: Assumpsit and Deceit. Quasi-contract. Property in Chattels Personal. Negligence. Nuisance. Defamation. Economic Torts. Persons: Status and Liberty. Persons: Marriage and its Consequences. Pleas of the Crown: Criminal Procedure. Pleas of the Crown: Substantive Criminal Law. Appendices: Specimien Writs. Specimen Entries.

580 citations

Journal ArticleDOI
TL;DR: Barley et al. as discussed by the authors examined the degree to which professionals in general and lawyers in particular are committed to their profession and the organizations that employ them and found that organizational commitment is highly dependent on perceived opportunities for career advancements and the criteria used in the distribution of rewards.
Abstract: An earlier version of this paper was presented at the 1994 American Sociological Meetings, Los Angeles. This research was funded by the Alberta Law Foundation (Grant #6035) and the Social Sciences and Humanities Research Council of Canada (Award #725-91-3002), and assistance was provided by the Law Society of Alberta. I wish to thank Charles W. Mueller for his helpful suggestions and advice on earlier drafts of this paper. This paper has also benefited greatly from the insightful and constructive comments of the editor, Stephen R. Barley, and the Managing Editor, Linda J. Pike, as well as the feedback provided by the three anonymous ASQ reviewers. This study of lawyers examines the degree to which professionals in general and lawyers in particular are committed to their profession and the organizations that employ them. I examine how the different structural arrangements of professional and nonprofessional organizations relate to lawyers' organizational and professional commitment. Results show that organizational commitment is highly dependent on perceived opportunities for career advancements and the criteria used in the distribution of rewards. Few of the structural characteristics are important in explaining professional commitment, and lawyers working in nonprofessional organizations are significantly less committed to the legal profession than those working in professional organizations. The results of this study suggest that future research must look beyond the structural characteristics of professionals' work settings if we want to gain a more comprehensive understanding of the factors affecting professional commitment.'

556 citations

Journal ArticleDOI
TL;DR: The legal consciousness as a theoretical concept and topic of empirical research developed to address issues of legal hegemony, particularly how the law sustains its institutional power despite a persistent gap between the law on the books and the law in action.
Abstract: ▪ Abstract Legal consciousness as a theoretical concept and topic of empirical research developed to address issues of legal hegemony, particularly how the law sustains its institutional power despite a persistent gap between the law on the books and the law in action. Why do people acquiesce to a legal system that, despite its promises of equal treatment, systematically reproduces inequality? Recent studies have both broadened and narrowed the concept's reach, while sacrificing much of the concept's critical edge and theoretical utility. Rather than explaining how the different experiences of law become synthesized into a set of circulating schemas and habits, the literature tracks what particular individuals think and do. Because the relationships among consciousness and processes of ideology and hegemony often go unexplained, legal consciousness as an analytic concept is domesticated within what appear to be policy projects: making specific laws work better for particular groups or interests.

548 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
2023119
2022210
2021139
2020208
2019225
2018246