Author(s):
Abstract:
The article analyzes from the perspective of the theory of juridical field the process of institutional professionalization of advocates in post-Soviet Russia. The author makes a conclusion that the emergence of new institutional and individual actors of the juridical field fascilitated the formation of various interests and approaches to delivery of juridical services. In spite of the formation in the early 2000s of a single organizational structure of the advocates’ community this community remains divided and stratified. In some aspects of their activities the advocates try to defend their professional autonomy. Nevertheless, in the situation of internal conflicts the Soviet-style model of interaction between the Bar and the state is actualized. Juridical professionalization of organizations defending the rights of vulnerable groups is regarded as structured by unequal access to material and symbolic resources. Special attention is devoted by the author to formation in such organizations of an alternative form of professionalization of human rights lawyers with the potential to change their juridical habitus and create a specific identity that combines elements of human rights activism and legal professionalism.
Pages:
8-14
File:
doi:
10.33491/telescope2019.401
References:
- Barenboim P., Mozolin P., Reznik G. (2007) Legal Reform of the 21st Century and the Bar. Moscow: Yustitsinform. (In Russ.)
- Bourdieu P. (2005) The Force of Law: Foundations of Sociology of Juridical Field. In: Bourdieu P. Social Space: Fields and Practices. St.-Petersburg: Aleteya. P. 75–128. (In Russ.)
- Dezalay Y., Madsen M. (2012) The Force of Law and Lawyers: Pierre Bourdieu and Reflexive Sociology of Law. The Annual Review of Law and Social Science. Vol. 8. P. 433–452.
- Francis A. (2011) At the Edge of Law: Emergent and Divergent Models of Legal Professionalism. Farnham: Ashgate.
- Hendley K. (2018) Mapping the Career Preferences of Russian Law Graduates. International Journal of the Legal Profession. Vol. 25. No 3. P. 261–277.
- Jordan P. (1998) The Russian Advokatura (Bar) and the State in the 1990s. Europe-Asia Studies. Vol. 50. No 5. P. 765–791.
- Jordan P. (2005) Defending Rights in Russia: Lawyers, the State and Legal Reform in the Post-Soviet Era. Toronto: UBC Press.
- Kawar L. (2011) Legal Mobilization on the Terrain of the State: Creating a Field of Immigrant Rights Lawyering in France and the United States. Law and Social Inquiry. Vol. 36. No 2. P. 354–387.
- Kazun A., Yakovlev A. (2017) Who Demands Collective Action in an Imperfect Institutional Environment? A Case Study of the Profession of Advocates in Russia. Journal of Eurasian Studies. Vol. 8. No 1. P. 60–71.
- Korneeva А. (2006) Contemporary Advocates: Professional Practice in the Process of Transformation. Journal of Sociology and Social Anthropology. Vol. 9. No 2. P. 132–151. (In Russ.)
- Madsen M. (2007) From Cold War Instrument to Supreme European Court: the European Court of Human Rights at the Crossroads of International and National Law and Politics. Law and Social Inquiry. Vol. 32. No 1. P. 137–159.
- Maslovskaya Е. (2016) Juridical Professionalization of a Human Rights NGO: Case Study of the Committee Against Torture. Mir Rossii. No 3. С. 126–148. (In Russ.)
- McCann M. (2006) Law and Social Movements: Contemporary Perspectives. Annual Review of Law and Social Science. Vol. 2. P. 17–38.
- Mrowczynski R. (2016) Institutional Professionalization of Lawyers in State-socialism and Post-socialism: Poland and Russia Compared. International Journal of the Legal Profession. Vol. 23. No 2. P. 157–184.
- Owen C. (2015) “Consentful Contention” in a Corporate State: Human Rights Activists and Public Monitoring Commissions in Russia. East European Politics. Vol. 31. No 3. P. 274–293.
- Sarat A., Scheingold S. (eds.) (1998) Cause Lawyering: Political Commitments and Professional Responsibilities. New York: Cambridge University Press.
- Sommerlad H. (2007) Researching and Theorizing the Processes of Professional Identity Formation. Journal of Law and Society. Vol. 34. No 2. P. 190–217.
- Van der Vet F. (2014) Holding on to Legalism: the Politics of Russian Litigation on Torture and Discrimination before the European Court of Human Rights. Social and Legal Studies. Vol. 23. No 3. P. 361–381.