University of California Press
Law as Reproduction and Revolution
About this book
A free open access ebook is available upon publication. Learn more at www.luminosoa.org
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interrelated fields across time and geographies.
Author / Editor information
Yves Dezalay is Emeritus Director of Research, Centre National de la Recherche Scientifique.
Bryant G. Garth is Distinguished Professor Emeritus at the University of California, Irvine School of Law.
Topics
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Frontmatter
i -
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Contents
vii -
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Acknowledgments
ix - Part I. Introduction
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1 Legal Revolutions, Cosmopolitan Legal Elites, and Interconnected Histories
3 - Part II. Learned Law and Social Change: Theoretical Orientation and European Geneses
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2. Sociological Perspectives on Social Change and the Role of Learned Law: Building on and Going beyond Berman and Bourdieu
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3. Learned Law, Legal Education, Social Capital, and States: European Geneses of These Relationships and the Enduring Role of Family Capital
31 - Part III. The Construction of the United States as the Major Protagonist in Promoting Legal Revolution
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4. US Legal Hybrids, Corporate Law Firms, the Langdellian Revolution in Legal Education, and the Construction of a US-Oriented International Justice through an Alliance of US Corporate Lawyers and European Professors
57 -
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5. Social and Neoliberal Revolutions in the United States
75 - Part IV. From Law and Development to the Neoliberal Revolution
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Introduction
97 -
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6. India: Colonial Path Dependencies Revisited: An Embattled Senior Bar, the Marginalization of Legal Knowledge, and Internationalized Challenges
101 -
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7. Hong Kong as a Paradigm Case: An Open Market for Corporate Law Firms and the Technologies of Legal Education Reform—as Chinese Hegemony Grows
121 -
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8. South Korea and Japan: Contrasting Attacks through Legal Education Reform on the Traditional Conservative and Insular Bar
137 -
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9. Legal Education, International Strategies, and Rebuilding the Value of Legal Capital in China
164 -
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10. Conclusion: Combining Social Capital with Learned Capital: Competing on Different Imperial Paths
193 -
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Notes
203 -
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Bibliography
207 -
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Index
223