David Sugarman

From unimaginable to possible: Spain, Pinochet and the judicialization of power

‘Superjudge’ Balthasar Garzon is undoubtedly a phenomenon. In Spain he is popularly known as superjuez (Superjudge). He has pursued, amongst others, international drug traffickers, Arab gun-runners, money launderers, terrorists (ETA), state terrorists (GAL) under the former Socialist Government, and mass media monopolies (SOGECABLE and Silvio Berlusconi’s involvement in the Spanish media). This has polarized Spanish public opinion, with a majority supporting his audacity and courage and a minority regarding him as a publicity-obsessed hijacker of the law. Beyond Spain, especially since he sought the extradition of former Chilean dictator Augusto Pinochet from Britain, he is seen almost exclusively as a superhero in the defence of human rights. Love him or loathe him, he has rapidly become Spain’s, and probably the world’s, best-known living judge. Is Garzon simply an anti-establishment champion of human rights? Not necessarily. While he exposed the unlawful state violence against ETA, his attacks on ETA and its support structure ‐ closing a newspaper that acted as its mouthpiece, rounding up the entire leadership of its political wing, cutting off its sources of cash ‐ have served Spain’s current centre-right government well, while problematizing, at least in Spain, his reputation as a defender of human rights. On the other hand, the case that made him an international name ‐ the effort to bring Pinochet to justice ‐ also gave Spain’s centre-right government a huge diplomatic headache. In short, Judge Garzon transcends easy labelling. 2

A special relationship? American influences on English legal education, c. 1870–1965

This paper describes and analyses the influence of American legal education on English legal scholars, and the vitality or otherwise of the Anglo-American legal community circa 1870–1965. Part one describes the Anglo-American legal community, its leading lights and its leading ideas, and the transatlantic effort to create and establish modern law schools and legal science during c. 1870–1914. Part two examines the divergences that characterised the relationship between American and English legal education and thought, c. 1914–1965 divergences that were so great that some commentators have concluded that the Anglo-American legal community was in terminal decline by 1930. Part three problematizes the supposed decline of the Anglo-American legal community through a consideration of the continuities and convergences that also pervade American and English legal education and thought, c. 1914–1965. During this period, significant transatlantic networks of legal scholars, aided by scholars in other countries and continents, subjected the classical legal orthodoxy to an unprecedented onslaught, and in the process constituted new legal subjects, new areas of expertise, and broadened legal education and scholarship; while other such networks counterattacked, defended and restated the legal orthodoxy. Part four draws on an indicative survey of English legal scholars who studied in the US during c. 1870–1965 to reflect on the mechanisms by which Englands would-be jurists studied and taught in America, and the significant, complex and elusive influence of America. In problematizing the influence of the US on England, the analysis of this material is augmented by data derived from interviews with leading English law teachers and scholars undertaken from the 1980s to the present. The final section of the paper (Part five) sketches some conclusions about the influence of American legal education and thought on English legal education and scholarship, and its larger significance. By melding archival and secondary sources with oral history, and bringing to bear both a macro and micro historical approach to the influence of US law schools and jurists on their British counterparts, and the important role of transatlantic networks of legal scholars, it is hoped that the essay will contribute to an understanding of the specifics of American influence and also to the intellectual history of modern legal education.

Beyond ignorance and complacency: Robert Stevens' journey through Lawyers and the Courts

Brian Abel-Smith and Robert Stevens’ Lawyers and the Courts (LATC), published in 1967, was the first major critical social history of the English legal system from the industrial revolution to modern times (1750-1965). It has proved matchless. It is the definitive book in the field, and its core arguments remain largely unchallenged more than forty years after its publication. Challenging the dominant traditions of doctrinal legal scholarship and lawyers’ legal history by emphasising the importance of serious empirical research on current problems, it offered a less reverential alternative to the prevailing orthodoxies of the day and asked whether England’s legal services and legal education had developed in a way that best served the public interest. This paper examines how and why LATC came to be written, its reception and its larger significance. It addresses Robert Stevens’ intellectual trajectory, thereby, providing a window on the history of legal education and thought in England during the 1950’s and ‘60’s and the significance of the United States and Africa to those dissatisfied with England’s dominant tradition of legal formalism. It demonstrates both the coercive structures by which the legal profession sought to silence criticism of the status quo and some of the ways in which Stevens’ projects and ideas for realizing them are still important for the education of present day lawyers, scholars and law reformers. Part One begins with a brief overview of the principal arguments and concerns of LATC. Parts Two and Three seek to historicize LATC. Part Two places Stevens in the context of the personal and intellectual influences of his formative years, 1940-65, and relevant legal-political preoccupations: including the importance of history to his thinking; his disappointment with Oxford legal education; the confines of English legal scholarship, the legal profession and legal culture; the excitement of American legal education and legal practice, in particular, his postgraduate studies at Yale Law School and his encounter with Myres McDougall (1906-1998) and post-Realism; the importance of his experience of teaching at the University of East Africa in Dar es Salaam; and the vital influence of Richard Titmuss (1907–1973) and Brian Abel-Smith (1926-1996), two pioneering British social policy researchers, leading policy advisors and chroniclers of and campaigners against social injustice. Part Three links Stevens’ work to England in the heady days of the early-mid 1960’s, a period when change, and the possibility of effecting political, cultural and social change, was “in the air”. Part Four considers LATC’s controversial reception when it was published in 1967 and seeks to clarify why it encountered fierce opposition and the intellectual tradition that LATC reflected, sustained and promoted. The concluding section briefly considers LATC’s impact on and significance for the fields of legal history and legal services. This essay makes extensive use of interviews with Robert Stevens and archival research and is published in a special issue of the International Journal of the Legal Profession on the work of Robert Stevens, the other contributors being: Richard Abel, Tony Bradney, Fiona Cownie, Bill Felstiner, Alan Paterson and William Twining.

Overview of the worldwide best practices for rape prevention and for assisting women victims of rape

The study provides an overview of the worldwide best practices for rape prevention and for assisting women victims of rape. It reviews the international literature and offers selected examples of promising practices. It addresses the comprehensive range of policies in the fields of gender equality; law and justice; economy, development and social inclusion; culture, education and media; and health. It presents a wide-ranging set of examples of best practice. It concludes with a series of recommendations, based on the social scientific evidence presented in the study.

The Pinochet case : international criminal justice in the gothic style?

Book reviewed in this article: Woodhouse, Diana (ed), The Pinochet Case: A Legal and Constitutional Analysis

Alternative visions of legal biography:an abstract

David Sugarman reflects briefly on developments regarding legal biography and considers the future role and value of biography within the legal community and especially in the context of socio-legal research.

Brian Simpson's Approach to Legal Scholarship and the Significance of Reflections on ‘The Concept of Law’

This essay addresses A.W. Brian Simpson’s approach to legal scholarship and the significance of his fiunal book, Reflections on The Concept of Law (Reflections). First, I explain why Simpson wrote Reflections. I, then, discuss how Reflections illuminates the strengths and weaknesses of Simpson’s approach to legal scholarship. Finally, I consider Reflections’ contribution to the literature on The Concept of Law.

Globalisation and legal education

In recent years, the meaning of globalisation for the character and future of legal education has started to receive sustained attention. A diverse, transnational group of scholars has begun to clarify both the processes by which globalisation impacts on legal education, and legal education impacts on globalisation. Because the interface between globalisation and legal education is important, and has only recently begun to be investigated, we present several case studies and overviews of the impact of globalisation on legal education, embracing diþ erent national and theoretical perspectives in order to complement and extend the existing literature. In this special issue, an international team of scholars addresses the challenges to law schools posed by globalisation. How is globalisation impacting on the ways of thinking, teaching and collaborative enterprise that have characterised legal education and scholarship, and the culture of the ® eld of law, in late modernity? How might we understand, criticise and reconstruct the present form(s) of globalisation? Taken together the essays in this special issue oþ er a wide-ranging exploration of the cultural, economic, intellectual and ideological processes through which the identity and culture of law schools are being recon® gured, debated and articulated in the era of globalisation. In particular, issues of deprofessionalisation, professional autonomy, commercialism, and alternative mechanisms of regulation and control within diþ erent national professional arenasÐ issues which have received rather more extended treatment in the context of recent trends in the organisation of lawyers and legal servicesÐ are examined and problematised. The range and complexity of the issues raised by globalisation are such that ours is inevitably a limited foray into relatively uncharted waters. In addition to imparting an organised body of knowledge, however, we hope to bring the globalisation debate closer to home and start a conversation about the kind of law schools and legal practices that could and should be sustained in societies characterised both by economic integration and legal, economic, political and cultural diversity.

Reassessing Hurst: A Transatlantic Perspective.

Today, the history of law and society has become an exciting growth industry. But just a couple of decades ago this possibility would have seemed implausible. Indeed, when Willard Hurst became professor of law in Madison in 1937, modern legal history was, to put it kindly, dead. Reviving this moribund discipline required more than imagination and an acute awareness of the point and nature of law. Sleeping Beauty had to be woken with a kiss, and Hurst surely brought a serious, tenacious passion to his vocation. Through exhortation, inspiration, and sheer determination, he attempted to resuscitate a huge domain.

Theory in legal education

A new expedition into the study of legal education began on 22 January 1997 at the Institute of Advanced Legal Studies. A group of 34 legal educationalists from across the UK came together in a ® rst colloquium aimed at broadening the intellectual base for the study of theory in legal education. Three years on, we celebrate by sharing the fruits of our ® rst 2 years in the publication of this Special Issue. We are not the ® rst to have attempted to climb this mountain, though others have opened up rather diþ erent routes. Birks edited two collections of work considering legal education from a legal subject perspective, Examining the Law Syllabus: The Core, and Examining the Law Syllabus: Beyond the Core, and two from a wider perspective, Reviewing Legal Education, and What are Law Schools for? 4 Twining’ s Blackstones Tower: the English Law School, and Law in Context: Enlarging a Discipline, consider law teaching, its subject-matter, and the place of the law school within the university. Cownie has edited two recent collections, The Law SchoolÐ Global Issues, Local Questions, and, with Bradney, Transformative Visions of Legal Education, covering issues such as information technology, women academics, the legal skills movement, and law as a parasitic discipline. In addition, there has been a recent growth in `how to teach’ literature, especially in the area of legal skills. Le Brun & Johnstone produced The Quiet RevolutionÐ Improving Student Learning in Law, which engages more seriously than hitherto with the utility of teaching theory within the discipline of education, and learning objectives, as part of an eþ ort to make the learning of skills a central element in legal education and training. Speci® c books analysing legal skills, such as Sherr’s relatively early Client Interviewing for LawyersÐ An Analysis and Guide, have