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10 - Friedman on Lawyers

A Survey

Published online by Cambridge University Press:  07 October 2011

By
Philip Lewis
Edited by
Robert W. Gordon  and
Morton J. Horwitz
Philip Lewis
Affiliation:
Oxford University
Robert W. Gordon
Affiliation:
Yale University, Connecticut
Morton J. Horwitz
Affiliation:
Harvard University, Massachusetts
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Summary

INTRODUCTION

This chapter is about Lawrence Friedman's writing on lawyers. I am sorry not to have known the 29-year-old who wrote the extremely funny note on lawyers and law reviews in 1959, but I was getting to know the author of The Legal System (LS) when it was published in 1975. Concepts in LS, above all that of legal culture (originally introduced in 1969 in his article, “Legal Culture and Social Development” [LCSD]), continue to inform and provoke discussion. My own research interests have been in lawyers. I have described as a “legal system approach” to the study of lawyers one that asks questions about them that are based on the part they play or may possibly play in forwarding the purposes of the legal system, whether these purposes are seen in normative or sociological terms. LS is still one of the few attempts to provide a general account of legal systems from a social science perspective, and thus it gives us an unusual opportunity to consider this kind of question about lawyers and Friedman's suggested answers. Yet Friedman, the historian and social analyst, has written many other works in which lawyers also appear, some of which I review here to discuss how they fit into or perhaps enrich the points made in LS.

Type
Chapter
Information
Law, Society, and History
Themes in the Legal Sociology and Legal History of Lawrence M. Friedman
 , pp. 149 - 168
Publisher: Cambridge University Press
Print publication year: 2011

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References

Blumberg, Abraham (1967). The Practice of Law as Confidence Game, 1 Law & Soc'y Rev. 15.CrossRefGoogle Scholar
Edelman, Lauren B., Abraham, Steven E., and Erlanger, Howard S. (1992). Professional Construction of Law: The Inflated Threat of Wrongful Discharge, 26 Law & Soc'y Rev. 47.CrossRefGoogle Scholar
Friedman, Lawrence (1959). A Comment on “Bar Reactions to Legal Periodicals: The West Virginia Survey,” 11 J. Legal Educ. 384.Google Scholar
Friedman, Lawrence (1963). Review, Levy, Corporation Lawyer: Saint or Sinner? 63 Colum. L. Rev. 1537.CrossRefGoogle Scholar
Friedman, Lawrence (1965). Contract Law in America: A Social and Economic Case Study. Madison: University of Wisconsin Press.Google Scholar
Friedman, Lawrence (1969). Legal Culture and Social Development, 4 Law & Soc'y Rev. 29.CrossRefGoogle Scholar
Friedman, Lawrence (1975). The Legal System: A Social Science Perspective. New York: Russell Sage Foundation.Google Scholar
Friedman, Lawrence (1977). The Social and Political Context of the War on Poverty: An Overview, in Haveman, Robert, ed., A Decade of Federal Antipoverty Programs: Achievements, Failures, and Lessons. New York: Academic Press.Google Scholar
Friedman, Lawrence (1985). Total Justice. New York: Russell Sage Foundation.Google Scholar
Friedman, Lawrence (1989). Lawyers in Cross-Cultural Perspective, in Abel, Richard L. and Lewis, Philip S. C., eds., Lawyers in Society, vol. III, Comparative Theories. Berkeley: University of California Press.Google Scholar
Friedman, Lawrence (1990). The Republic of Choice: Law, Authority and Culture. Cambridge, MA: Harvard University Press.Google Scholar
Friedman, Lawrence (1994a). Law, Legal Institutions, and Economic Development, in Lewis, Philip S. C., ed., Law and Technology in the Pacific Community. Boulder: Westview Press.Google Scholar
Friedman, Lawrence (1994b). What Do Lawyers Know? Toward a Sociology of Legal Practice, (in Japanese), 44(1) Kobe Hogaku Zasshi (Kobe L.J.) 172.Google Scholar
Friedman, Lawrence (1996). Are We a Litigious People? in Friedman, Lawrence M. and Scheiber, Harry N., eds., Legal Culture and the Legal Profession. Boulder: Westview Press.Google Scholar
Friedman, Lawrence (1999). The Horizontal Society. New Haven: Yale University Press.Google Scholar
Friedman, Lawrence (2002). American Law in the 20th Century. New Haven: Yale University Press.Google Scholar
Friedman, Lawrence (2005). A History of American Law. 3d. edition. New York: Simon & Schuster.Google Scholar
Friedman, Lawrence, Gordon, Robert, Pirie, Sophie, and Whatley, Edwin (1989). Law, Lawyers, and Legal Practice in Silicon Valley: A Preliminary Report, 64 Ind. L.J. 555.Google Scholar
Kagan, Robert A. (1994). Do Lawyers Cause Adversarial Legalism? A Preliminary Inquiry, 19 Law & Soc. Inquiry1.CrossRefGoogle Scholar
Lewis, Philip S.C.. (1989). Comparison and Change in the Study of Legal Professions, in Abel, Richard L. and Lewis, Philip S. C., eds., Lawyers in Society, vol. III, Comparative Theories. Berkeley: University of California Press.Google Scholar
McBarnet, Doreen (1988). Law, Policy, and Legal Avoidance: Can Law Effectively Implement Egalitarian Policies?, 15 J. Law Soc'y113.CrossRefGoogle Scholar
Swaine, Robert (1946). The Cravath Firm and its Predecessors, 1819–1948, vol. 1. New York: Ad Press.Google Scholar

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