Professors of the Law Barristers and English Legal Culture in the Eighteenth Century

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ISBN: 9780198207214 | 0198207212
Cover: Hardcover
Copyright: 7/13/2000

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The story of the English barristers and the culture of common law between 1690 and 1820 is a complex one. In Professors of the Law David Lemmings provides a wealth of detail about barristers' numbers, education, working habits, reputation, and self-image, and compares them with colonial American lawyers. The broad-ranging conclusion suggests that the bar ultimately failed English society and contributed to the marginalization of the common law.

List of illustrations

List of tables

xii

Abbreviations

xiii

Introduction: Two Stories of Law

(23)

Historians, the law, and eighteenth-century society

(8)

Another story of law: the reputation of lawyers and the courts

(15)

The Work of the Bar and Working Life

(37)

Advocacy and pleading: the shape of barristers' work

(12)

Counselling and conveyancing

(6)

Everyday life

(18)

Barristers and Practisers: Numbers and Prospects

(46)

Barristers and non-practisers

(9)

Practisers: supply and demand

(6)

The characteristics of litigation: Westminster Hall in crisis?

(18)

Prospects for barristers: keeping life going

(12)

Gentlemen Bred to the Law: Induction and Legal Education

107

(42)

Motives and qualifications, hopes and dreams

109

(4)

The failure of institutions: `education' at the universities and the inns

113

(18)

`A dry and disgusting study': learning the law

131

(13)

A cultural challenge?

144

(5)

Practice at the Centre: Westminster Hall and Its Satellites

149

(54)

Starting out: launching a practice

150

(14)

Winners and losers: the distribution of work in Westminster Hall

164

(25)

Getting on: practices, fees, and incomes

189

(14)

Practice at the Margins: The Old Bailey and The Colonies

203

(45)

Tribunes of the people: the Old Bailey bar

205

(20)

Ireland and America: colonial bars and barristers

225

(14)

Law, lawyers, and I776: contrasting American attorneys and English barristers

239

(9)

Advancement and Independence

248

(45)

Rank and status at the inns of court: `internal' promotion

250

(8)

Patronage, politics, and office: `external' promotion

258

(13)

Serving the state? The `independence' of bar and bench

271

(22)

Conclusion: The Culture of The Bar and Recession of the Common Law

293

(66)

Collective life and rituals

295

(9)

Self images: collective self esteem and legitimating concepts

304

(15)

Consequences? The failure of the bar and recession of common law

319

(11)

Appendices

A. Methodology and Biographical Notes for Barrister Samples, 1719--1721 and 1969--1771

330

(11)

B. A Prescription for Educating a Barrister 1736

341

(5)

C. Leading Counsel in King's Bench, Exchequer, Common Pleas, and Chancery, 1720, 1740, 1770, and 1790

346

(9)

D. A Junior Barrister's Complaints about the Selection and Advantages of King's Counsel, 1750

355

(4)

Bibliography

359

(26)

Index

385

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Professors of the Law Barristers and English Legal Culture in the Eighteenth Century

Summary

Author Biography

Table of Contents

Supplemental Materials