Counsel In The Caucasus: Professionalization And Law In Georgia

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Martinus Nijhoff Publishers, 2004 M01 1 - 191 pages
Winner of the Hart/Socio-Legal Studies Association Book Prize for Early Career Academics, 2005. This book traces the development of the rule of law in Georgia since its independence and speculates on its future direction. It does so by focusing on changes in the legal profession after 1991. Intriguingly, the book, which is based on extensive field-work, concludes that culture and informal regulation are key to understanding how Georgian lawyers are governed, or rather govern themselves. Indeed, for several years after independence from the Soviet Union there was no functioning law on attorneys; informal regulation, based on the importance of reputation and networks, was the only sort of regulation. Other topics addressed in the book include Georgia's legal history, its current human rights situation, theories of professionalization, and the link between law and development. The book also compares the Georgian experience to that country's South Caucasian neighbors - Armenia and Azerbaijan - thus rounding the book out as a regional study.
 

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Contents

Introduction
1
Chapter Outline
3
Fieldwork
4
Approaching Georgian Lawyers
7
Soviet Lawyers
11
PostSoviet Lawyers
15
Accounting for the Georgian Difference
18
Georgian Legal Histories
21
SelfRegulation
108
Controlling Practice
109
Prognosis for the Law on the Bar
115
Stratification and Professional Badges
117
Stratification
118
Mtatsminda Legal Consultation Bureau LCB
119
The Firm Georgia Consulting Group GCG
123
Other Legal Occupations
126

Indigenous Georgian Law
23
The Tsarist Period
28
Menshevik Georgia 19181921
35
Soviet Period
37
Soviet Law and Lawyering with Georgian Twists
38
Georgian NonState Law
43
Perestroika
46
Early Independence
48
The Legal Environment
53
Formal Law and Its Implementation
55
Lawmaking
61
Human Rights and Corruption
64
NonState Law
69
Legal Education
71
Formal Legal Education
72
Preparing Law Graduates for Practice
82
Access to the Profession
84
Educating the Public
87
The Politics of Regulation and SelfRegulation
91
State Regulation
92
The Process
98
Collegiality and Prestige
127
Comparisons with Armenia and Azerbaijan
133
Law and the Armenian Diaspora
134
Azerbaijans Late Statehood
137
The Legal Environment
138
Legal Education
140
Regulation and SelfRegulation
142
Azerbaijan
143
Musicians at a Funeral?
146
Professionalization and the Rule of Law
149
Implications for Studies of the Legal Profession
152
Implications for the Rule of Law
155
Type One Reforms Changing the Laws
157
Type Two Reforms Institutions
158
Type Three Reforms Government Compliance with Law
160
Lawyers and the Demand for Law
162
Cited Interviewees
167
Bibliography
169
Index
187
About the Author
191
Copyright

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About the author (2004)

Christopher Waters is a Lecturer in Law at the University of Reading in the United Kingdom.

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