You are looking at 1 - 10 of 13 items

  • Author or Editor: David Howarth x
Clear All Modify Search
You do not have access to this content

David Howarth

The rhetoric of the legal profession claims that lawyers and the rule of law are inseparable. Reality is more complicated. The activities of lawyers both support and undermine the rule of law, the balance depending on which meaning we give to the rule of law. If we mean formal legality, the balance lies with being supportive, but if we mean establishing social and economic rights, opinion survey evidence suggests that the balance lies in the opposite direction. In terms of rule by law and constitutional checks and balances, the balance is less clear. In both these senses, lawyers’ activities seem largely to support the rule of law, but major caveats are necessary, because of, for example, practices such as creative compliance. In two other aspects, contestability and economic certainty, the balance reflects the division of the profession between transactional and litigious practice. Litigious practice is mainly supportive of contestability, but it tends to undermine economic certainty. Transactional practice operates precisely the other way around. That is perhaps not surprising given that the rule of law has both a static and a dynamic aspect, both stabilising and challenging power. Lawyers have important functions in relation to each.

This content is available to you

Preface

Thinking About What Lawyers Do

David Howarth

This content is available to you

Introduction

Thinking About What Lawyers Do

David Howarth

You do not have access to this content

What do lawyers do?

Thinking About What Lawyers Do

David Howarth

You do not have access to this content

Law as engineering

Thinking About What Lawyers Do

David Howarth

You do not have access to this content

Implications (1) – Professional ethics

Thinking About What Lawyers Do

David Howarth

You do not have access to this content

Implications (2) – Legal research and teaching

Thinking About What Lawyers Do

David Howarth

You do not have access to this content

Conclusion

Thinking About What Lawyers Do

David Howarth

You do not have access to this content

Law as Engineering

Thinking About What Lawyers Do

David Howarth

Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research.
You do not have access to this content

Steven Griggs and David Howarth