1st Edition
Law, Lawyering and Legal Education Building an Ethical Profession in a Globalizing World
Once a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years – when the students entering law schools today reach the peak of their profession – as it has over the last 300.
This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford’s critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the ‘critical’, ‘theoretical’ and ‘ethical’ dimensions of legal education and legal practice in making more effective practitioners – placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client’s ethical advice to playing a key role in the emergence of an international rule of law as they had to the ‘domestic’ rule of law.
The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.
1. Dancing Around the Vortex: A Personal Introduction
(Charles Sampford)
Part I: Legal Education, Theory and Ethics
2. Law, Ethics and Institutional Reform: Finding Philosophy, Displacing Ideology
(Charles Sampford)
3. "Theoretical Dimensions" of Legal Education
(Charles Sampford (with David Wood))
4. Reflection: Philosophy in legal education: Promises and perils
(Hugh Breakey and Charles Sampford)
Part II: Australian Law Schools after Pearce – a case study in educating critical, theoretical and ethical lawyers?
5. Revisiting Pearce
(Charles Sampford)
6. Reflections on a Respectable Revolution
(Charles Sampford)
7. Law Student Numbers: Reassessing the Issues
(Charles Sampford (with Christine Parker))
8. Reflections on developments in Legal education
(Charles Sampford)
Part III: Legal Ethics: Opportunities and Challenges in Education & Practice
9. What’s a Lawyer doing in a nice place like this?
(Charles Sampford)
10. Educating Lawyers to be Ethical Advisers
(Charles Sampford (with Sophie Blencowe))
11. The Ethics of Employed lawyers
(Charles Sampford)
12. Reflection: Educating Ethical Lawyers
(Hugh Breakey and Charles Sampford)
13. Reflection: New Challenges to Ethical Practice
(Charles Sampford)
Part IV: Legal ethics in a globalizing world
14. Get New Lawyers!
(Charles Sampford)
15. More and more lawyers but still no judges
(Charles Sampford)
16. Goldsmith’s Delinquent Client
(Charles Sampford)
17. Professions without Borders: Global Ethics and the International Rule of Law
(Charles Sampford)
18. Reflection: New Challenges and opportunities for law, lawyering and legal education
(Charles Sampford)
Biography
Charles Sampford is the Foundation Dean of Law at Griffith University, Australia, (a law school which achieved a top 50 world ranking within 20 years) who has led a range of national and global research centres and currently directs the multi-university Institute of Ethics, Governance and Law.
Hugh Breakey is a Research Fellow at Griffith University’s Institute for Ethics, Governance and Law, Australia, and President of the Australian Association for Professional and Applied Ethics.
'As one of the leading philosophers and innovators of multi-disciplinary study of law and ethics, Dean Sampford illuminates the important struggles to make legal education responsive to the contexts and institutions in which law is made, theorized about, and practiced. This volume of new and updated essays evidencing a life-time of thought on legal education and legal ethics intelligently examines our past, and provocatively and importantly suggests the path for our future.' - Carrie Menkel-Meadow, Chancellor’s Professor of Law and Political Science, University of California and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure, Georgetown University Law Center, USA.
'The book is an outstanding contribution towards understanding the critical issues of globalisation of legal education and legal profession. It systematically discusses the importance of ethics and justice at the intersection of legal education and legal profession. The book will be of great interest to law students, lawyers, academics and judges around the world for it provides new insights for understanding the role of legal education in protecting the rule of law and promoting access to justice.' - C. Raj Kumar, Founding Vice Chancellor of O.P. Jindal Global University and Founding Dean of Jindal Global Law School, India.
'Few scholars are as well placed as Dr Sampford to dissect and diagnose the legal academy and the legal profession. A Dean of Law who founded a revolutionary law school, an erudite inter-disciplinary scholar, and a public intellectual of international import, this collection of essays brings Dr Sampford's global, theoretical and practical wisdom to illuminate issues of import to lawyers and law professors in many countries.' - Donna Greschner, of the California Bar, University of Victoria, Canada and former Dean of Law.
'Legal education is undergoing a worldwide identity crisis. Legal theorists are at pains to find the common elements that bring societies together in a global yet deeply divided world. In this marvellous and forward-looking work, Charles Sampford and Hugh Breakey, peep into the future of a more humane and anthropocentric approach to law and the rule of law, which though not absolute in themselves, are central to the lawyer’s professional ethics and their understanding of the universality of their mission as agents of change.' - Luis G Franceschi, Dean at Strathmore University Law School, Nairobi, Kenya.
'This stimulating collection of essays starts with the place of jurisprudence and legal ethics in lawyering and legal education and ends with some of the challenges lawyers face in a period of accelerated globalisation. As a well-travelled Founding Dean of an innovative law school and director of transnational interdisciplinary research institutes, Sampford is unusually well-equipped to give a distinctively Australian perspective on these issues with clarity and panache.' - William Twining, former Dean of Law at Warwick University, Quain Professor of Law at University College, London and founding editor of the ‘Law in Context’ series.
