Safer and Stronger? The Decline of Managerial Competence and Liberal Welfarism in Justice Policy

2016 ◽  
Vol 25 (1) ◽  
pp. 62-82 ◽  
Author(s):  
Stuart MacLennan

Since the SNP came to power in 2007, they have sought to pursue two objectives with respect to matters of justice: to demonstrate managerial competence; and to ‘re-tartanise’ Scottish justice policy. While the headline figures present a generally positive figure of the SNP's nine years in government, belying these figures is an increasing tendency towards illiberal and authoritarian justice policies, as well as mismanagement on the part of ministers. This article considers the SNP's approach to and management of justice policy, and whether or not they have been successful in the pursuit of their twin objectives. It considers the degradation of ministers’ once-strong relationship with the legal professions, the management of the Crown Office and Procurator Fiscal Service, the establishment of Police Scotland, and the Scottish Ministers’ increasing deference to the police on ‘operational matters’. It further considers the continuation of the ‘ned-bashing’ agenda of the Scottish Government and concludes that, while ministers might rhetorically seek to appear liberal and welfarist, in contrast to England and Wales, the reality has been the pursuit of punitive policies that are arguably even less liberal, and less welfarist, than that of their predecessors, or their counterparts in England and Wales.

2019 ◽  
pp. 323-366
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare

This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors’ Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.


1888 ◽  
Vol 27 (1) ◽  
pp. 37-48
Author(s):  
James Chatham

A number of the schedules collected by Mr. Ansell of the National Life Assurance Society in 1871, and from which were deduced the interesting results contained in his Statistics of Families in the Upper and Professional Classes, were, with the permission of the Directors of that Society, lent to Mr. Sprague, who wished to extract from them certain information bearing upon an investigation he was making. These schedules had been filled up by members of the clerical, medical, and legal professions, and by a large number of other gentlemen and noblemen in England and Wales; and they contain, in addition to full particulars as to the children of the marriage, the dates of the births and the marriage of the parents, and their state at marriage, whether bachelor or widower, spinster or widow. Mr. Ansell has not investigated the law which the ages of the wives follow, when a number of men of a given age marry; and at Mr. Sprague's suggestion, and upon principles indicated by him, I undertook this novel enquiry.


Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Jane Ching

Abstract This paper takes as its context the decision of the Solicitors Regulation Authority in England and Wales to abandon before the event regulation of lower court trial advocacy. Although solicitors will continue to acquire rights of audience on qualification, they will no longer be required to undertake training or assessment in witness examination, by contrast with other, competing, legal professions. Their opportunities to acquire competence outside the classroom will remain limited. The paper first explores this context and its implications for the three key factors of rights to perform, competence and regulatory accountability. The current regulatory system is then displayed as a Hohfeldian network of rights and duties held in tension between stakeholders intended to inhibit the incompetent exercise of rights to conduct trial advocacy. The SRA's proposal weakens this tension field and threatens the competitive position of solicitors. The paper therefore finally offers a radical alternative reconceptualisation of rights of audience in terms of Waldron's ‘responsibility rights’ as a solution, albeit one with significant implications for the individual advocate. This model, applicable globally, is closer to notions of societal good and professionalism than to those of the competitive market, whilst inhibiting incompetent performance and remediating the SRA's approach.


2021 ◽  
pp. 327-370
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare

This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors’ Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.


Legal Studies ◽  
2018 ◽  
Vol 38 (1) ◽  
pp. 120-146
Author(s):  
Mark Davies

AbstractThe focus of this paper is upon the educational background of academic lawyers in England and Wales and the extent to which qualifications from certain institutions may be seen as acting as a proxy for social class. In recent years higher educational background and socio-economic background have been significant topics of research relating to entry to the legal professions and judiciary in England and Wales. There is a relative absence of such research relating to academic lawyers. The research discussed in this paper aims to close that gap. The paper argues that critiques relating to the elite nature of the traditional legal professions in terms of educational background have parallels within the academic legal community, evidenced by a dominance of those educated at Cambridge, Oxford and other Russell Group institutions, with relatively lower proportions of graduates from other sectors, most notably the post-1992 universities. The paper further argues that economic hurdles to entry to an academic legal career are significantly higher than those for other law related careers, potentially exacerbating issues of socio-economic exclusion. The conclusion drawn is that law schools should engage proactively with measures to expand opportunities for entrants into the academic legal community from candidates from a much wider range of educational backgrounds.


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