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Professionalism and Monopoly of Expertise: Lawyers and Administrative Law, 1933–1937

Published online by Cambridge University Press:  02 April 2024

Ronen Shamir
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Abstract

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This study situates the response of various segments of the bar to the New Deal era of administrative expansion in the context of contemporary theories of the legal profession. I focus on the theoretical formulations of a market monopoly approach, a functionalist approach, and a systems approach to the study of professionalism and professional competition. I consider each approach in light of two foundational prisms: (1) the stratified composition of the bar necessarily leads to a corresponding variation in the response to changes in the legal environment; (2) at the elite level of the profession, there is considerable attention to changes that affect the law as a system of knowledge and as a resource around which lawyers establish their professional legitimacy as exclusive experts. I draw attention to the strategic mechanisms that lawyers invoked in order to deal with the inter- and intraprofessional competition that accompanied the expansion of the regulatory state.

Type
Change and Adaptation of Lawyers' Work: Evolving Theories
Information
Law & Society Review , Volume 27 , Issue 2 , 1993 , pp. 361 - 397
Copyright
Copyright © 1993 by The Law and Society Association

Footnotes

I thank Richard Abel, Terry Halliday, Christine Harrington, Arthur Stinchcombe, and my anonymous reviewers for helpful and constructive comments from which I benefited greatly.

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