Change, continuity and crisis in the legal profession: the role of gender

This paper discusses a theoretical framework for understanding gender in the legal profession, and in legal professionalism, over the past thirty years. Although women's subordinated position in legal professions across the globe seems well understood, the project of assessing the extent and the dynamics is ongoing in many jurisdictions and intersects with issues of race, gender in intricate and complex ways. The theoretical framework in this paper that aims to account for the multi-dimensional, multi-level and processual nature of change in the gendered profession draws on three main sources: Glucksmann's accounts of changing formations of labour, which provides a framework for understanding the exogenous and endogenous forces working on the profession; Fraser's concept of recognition and its relation to participation in the public sphere, and Bourdieu's conceptual vocabulary of field, capital and habitus, which facilitates understanding of the transactional processes which frame women's choices and which work to determine their position within the profession and organizations. The relevance of the framework will be illustrated through reference to a series of studies of gender and the profession, conducted since 1990.