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AndrewMcCormickProject 5 - 06 Jan 2010 - Main.AndrewMcCormick
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-- AndrewMcCormick - 13 Nov 2009 | | | Early American Lawyers and the Rise of Character as a Professional Credential. | |
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< | In early America, lawyers were unwelcome. The practice was viewed as unnecessary and even evil. The "Body of Liberties" of Massachusets Bay, 1641. Available here: BodyofLiberties, fascinatingly prohibits legal representatives from taking fees in section #26. Similarly, the Fundamental Constitutions of the Carolinas (1669), Carolinas, article 70 proclaims lawyering for money as "base and vile". Although it may be obvious, | >
> | In early America, lawyers were unwelcome. The practice was viewed as unnecessary and even evil. The "Body of Liberties" of Massachusets Bay, 1641. Available here: BodyofLiberties, fascinatingly prohibits legal representatives from taking fees in section #26. Similarly, the Fundamental Constitutions of the Carolinas (1669), Carolinas, article 70 proclaims lawyering for money as "base and vile". | | | Friedman argues that "As soon as... society posed problems ofor 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. Alternatively, as the profession grew an 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).
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> | The Uses of "Character and Fitness"
According TroublingRise "in the entire nineteenth century, there were virtually no reported instances in which applicants were banned for their character." (Comment on notes not played?)
Schware v. Board, 353 U.S. 232 (communism)
In re Application of Stewart, 860 N.E.2d 729 (debt)
A Note on Gender | | | Exclusion from the Profession Outside the Realm of "Character and Fitness" | | | The Troubling Rise of the Legal Profession's Good Moral Character.
St. John's Law Review, 2008 by Keith Swisher | |
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< | available here: TroublingRise | >
> | available here: TroublingRise "in the entire nineteenth century, there were virtually no reported instances in which applicants were banned for their character." | | | Confronting Racists at the Bar: Matthew Hale, Moral Character, and Regulating the Marketplace.
Jason O. Billy | | | Distrust and Animosity toward lawyers in early America (and perhaps related topics in Quaker tradition) | |
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> | Women in the American Legal Profession
Minorities in the American Legal Profession | | | |
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