Lawyers in Conflict and Transition

by Kieran McEvoy, Louise Mallinder, Anna Bryson

Overview

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.

Product Details

ISBN-13:	9781009234375
Publisher:	Cambridge University Press
Publication date:	03/17/2022
Series:	Cambridge Studies in Law and Society
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

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 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 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.

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.

Editorial Reviews

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

From the Publisher