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Lawyers in Conflict and Transition

£100.00

Part of Cambridge Studies in Law and Society

  • Date Published: March 2022
  • availability: Available
  • format: Hardback
  • isbn: 9780521853989

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  • 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.

    • Explores lawyers in transitional conflict and their motivations, agency, creativity, and struggles to reimagine and reshape legal values, institutions and the rule of law
    • Draws on original data from six case study studies on the role of lawyers in conflicted, authoritarian and transitional settings
    • Contains detailed appendices of the legal and political histories of the six case study sites
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    Reviews & endorsements

    '… invaluable … a realistic assessment of the complexities of the morally and politically fraught profession of cause lawyering.' David Dyzenhaus, Journal of Law and Society

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    Product details

    • Date Published: March 2022
    • format: Hardback
    • isbn: 9780521853989
    • length: 300 pages
    • dimensions: 235 x 157 x 31 mm
    • weight: 0.775kg
    • availability: Available
  • Table of Contents

    Acknowledgements
    List of abbreviations
    1. Lawyers in conflict and transition
    2. Cause lawyers, political violence, and professionalism in conflict
    3. Boycott, resistance, and the law: cause lawyering in conflict, repression, and transition
    4. Gender and cause lawyering in conflicted, authoritarian, and transitional societies
    5. Government lawyers in conflict, repression, and transition
    6. Lawyers in transitional political negotiations
    7. Lawyers, transitional justice and dealing with the past
    8. Conclusion
    Appendices
    Bibliography.

  • Authors

    Kieran McEvoy, Queen's University Belfast
    Kieran McEvoy is Professor of Law and Transitional Justice at Queen's University Belfast. He is author or editor of six books on conflict and transition. He is a Fellow of the British Academy, a Member of Royal Irish Academy, a Fellow of the Academy of Social Sciences and has been a human rights activist for over three decades.

    Louise Mallinder, Queen's University Belfast
    Louise Mallinder is Professor of Law at the School of Law, Queen's University Belfast. She is a Fellow of the Academy of Social Sciences, a member of the AHRC and ESRC Peer Review Colleges, the IFIT Law and Peace Practice Group, and Vice-Chair of the CAJ, a human rights NGO.

    Anna Bryson, Queen's University Belfast
    Anna Bryson is Senior Lecturer at the School of Law, Queen's University Belfast. She has previously published three books on issues concerning conflict, gender and oral history. She has worked on several national and international research projects and is currently chair of the CAJ, a human rights NGO.

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