Cause Lawyering And The State In A Global Era (oxford Socio-legal Studies)

Cause Lawyering and the State in a Global Era OXFORD SOCIO-LEGAL STUDIES General Editor: Keith Hawkins, Reader in Law and Society, and Fellow and Tutor in Law of Oriel College, Oxford. Editorial Board: John Baldwin, Director of the Institute of Judicial Administration, University of Birmingham; William L. F. Felstiner, Professor of Sociology, University of California-Santa Barbara; Denis Galligan, Professor of Socio-Legal Studies and Director of the Centre for Socio-Legal Studies, Oxford; Sally Lloyd-Bostock, Senior Research Fellow, Centre for Socio-Legal Studies, Oxford; Doreen McBarnet, Senior Research Fellow, Centre for Socio-Legal Studies, Oxford; Simon Roberts, Professor of Law, London School of Economics and Political Science. International Advisory Board: John Braithwaite, Australian National University; Robert Cooter, University of California-Berkeley; Bryant Garth, American Bar Foundation; Volkmar Gessner, University of Bremen; Vittorio Olgiati, University of Milan; Martin Partington, University of Bristol. Oxford Socio-Legal Studies is a series of books exploring the role of law in society for both an academic and a wider readership. The series publishes theoretical and empirically informed work by social scientists and lawyers, from the United Kingdom and elsewhere, that advances understanding of the social reality of law and legal processes. NEW TITLES IN THE SERIES World Jury Systems Neil Vidmar The Justice of Islam: Comparative Perspectives on Islamic Law and Society Lawrence Rosen Just Lawyers: Regulation and Access to Justice Christine Parker CAUSE LAWYERING AND THE STATE IN A GLOBAL ERA Edited by AUSTIN SARAT & STUART SCHEINGOLD OXFORD UNIVERSITY PRESS 2001 OXPORD UNIVERSITY PRESS Oxford New York Athens Auckland Bangkok Bogota Buenos Aires Calcutta Cape Town Chennai Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madras Madrid Melbourne Mexico City Mumbai Nairobi Paris Sao Paulo Shanghai Singapore Taipei Tokyo Toronto Warsaw and associated companies in Berlin Ibadan Copyright © 2001 by Oxford University Press, Inc. Published by Oxford University Press, Inc 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Cause lawyering and the state in a global era / edited by Austin Sarat, Stuart Scheingold. p. cm.—(Oxford socio-legal studies) Includes bibliographical references and index. ISBN 0-19-514116-4; ISBN 0-19-514117-2 (pbk) 1. Public interest law. 2. Lawyers. 3. National state. 4. Globalization. I. Sarat, Austin. II. Scheingold, Stuart A. III. Series. K118.P82 C38 2001 340'.115—dc2i 00-038593 9 8 7 6 5 4 3 2 1 Printed in the United States of America on acid-free paper In memory of Nellam Tiruchelvam, who dedicated his life to the struggle for human rights This page intentionally left blank Acknowledgments This project has been, from its inception, a genuine collaboration, first between the two editors, and then among all of the participants. We are grateful to the extraordinary group of scholars who assembled to pool their efforts to understand cause lawyering for their energy, interest, and insight. We would like to thank Terrence Halliday, formerly chair of the Working Group on the Comparative Study of the Legal Profession, for his continuing encouragement and Michael McCann for his helpful commentary on this volume. Support for this project was provided by a grant from the Program on Law and Social Science of the N