American Legal History

View   r10  >  r9  ...
AndrewMcCormickProject 10 - 08 Jan 2010 - Main.AndrewMcCormick
Line: 1 to 1
 
META TOPICPARENT name="WebPreferences"
-- AndrewMcCormick - 13 Nov 2009
Line: 31 to 33
 H. Lefler, North Carolina Histroy as TOld by COntemporaries (1956) (pincite to 87 for "will eat out the very Bowels of our Commonwealth")
Changed:
<
<
Friedman argues that "As soon as... society posed problems for which lawyers had an answer..., layers bagan to thrive, despite the hostility.", here, but it is understandable that such animosity could have led to developing character and fitness standards, either by the lawyers themselves, in order to improve their image, or as imposed by legislatures. Alternatively, as the profession grew a wish to create entry barriers would be well served by character and fitness standards and professional requirement. A third explanation is that between 1800 and 1900 the class of men composing the profession shifted from the "elite" to middle class and business backgrounds (Friedman, linked above).
>
>
Friedman argues that "As soon as... society posed problems for which lawyers had an answer..., layers bagan to thrive, despite the hostility.", here. As lawyers became necessarysuch animosity led to developing character and fitness standards, either by the lawyers themselves, in order to improve their image, or as imposed by legislatures. Alternatively, as the profession grew a wish to create entry barriers would be well served by character and fitness standards and professional requirement. Relatedly, between 1800 and 1900 the class of men composing the profession shifted from the "elite" to middle class and business backgrounds (Friedman, linked above), and the elite class may have developed character standards as barriers for entry. However, Rhode's empirical research suggests that were this a motivation, it was an ineffective ploy.

George Sharswood, in An Essay on Professional Ethics (1884), EssayonProfessionalEthics demonstrates the shift from wishing to eliminate the legal profession to a desire to hold it to a high standard, "the things we hold dearest on earth... we confide to the integrity of our legal counsellors[sic] and advocates. Their character must be not only without a stain, but without suspicion."

 During 18th and 19th centuries, bar examinations were orally administered before a judge...
Line: 84 to 95
 Jason O. Billy available here: RacistsattheBar
Changed:
<
<
Alexis de Tocqueville, On Lawyers and Judges. Available here: Tocqueville, attaching a certain importance and conservatism to American lawyers. Interestingly, points out that "they entertain the same repugnance of the actions of the multitude [as the aristocracy]"
>
>
Alexis de Tocqueville, On Lawyers and Judges. Available here: Tocqueville, attaching a certain importance and conservatism to American lawyers. Interestingly, points out that "they entertain the same repugnance of the actions of the multitude [as the aristocracy]", suggesting that, despite Hamlin's comments that the legal profession in America was, compared to that of Britian, base and common, America's legal community harbored elitism.
 
Deleted:
<
<
George Sharswood, An Essay on Professional Ethics (1884) (Used by Rhode), EssayonProfessionalEthics "the things we hold dearest on earth... we confide to the integrity of our legal counsellors and advocates. Their character must be not only without a stain, but without suspicion"
 American Legal History. Hall, Wiecek, Finkelman. Oxford Univ. Press, 1006.

Revision 10r10 - 08 Jan 2010 - 16:46:29 - AndrewMcCormick
Revision 9r9 - 08 Jan 2010 - 15:26:13 - AndrewMcCormick
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM