In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar's 'Disciplined Democracy'

被引：4

作者：

Batesmith, Alex ^{[1
]}

Stevens, Jake ^{[1
]}

机构：

[1] Univ Liverpool, Eleanor Rathbone Bldg,Bedford St South, Liverpool L69 7ZA, Merseyside, England

来源：

SOCIAL & LEGAL STUDIES | 2019年 / 28卷 / 05期

关键词：

Dignity; everyday resistance; hybrid and authoritarian regimes; law and development; lawyers and lawyering; Myanmar; Burma; rule of law; sociology of lawyering; POLITICS; CULTURE; JUSTICE; COURTS; STATE; TRANSITION; CHALLENGES; CONFLICT; STRUGGLE; JUDGES;

D O I：

10.1177/0964663918807739

中图分类号：

DF [法律]; D9 [法律];

学科分类号：

0301 ;

摘要：

This article explores how 'everyday' lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the 'disciplined democracy' of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. 'Everyday' lawyers are nevertheless able to uphold their clients' dignity by practical and material support for the individual human experience - and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers' contributions to their clients' legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients' dignity beyond legal autonomy may be the only meaningful contribution that 'everyday' lawyers can make.

引用

页码：573 / 599

页数：27

共 13 条

[1] The Rule of Law and Its RivalsCommentary on Opposing the Rule of Law: How Myanmar’s Courts Make Law and Order by Nick Cheesman
Martin Krygier
Hague Journal on the Rule of Law, 2017, 9 : 19 - 27
[2] The Rule of Law and Its Rivals Commentary on Opposing the Rule of Law: How Myanmar's Courts Make Law and Order by Nick Cheesman
Krygier, Martin
HAGUE JOURNAL ON THE RULE OF LAW, 2017, 9 (01) : 19 - 27
[3] What Is the Rule of Law? Perspectives from Myanmar Commentary on Opposing the Rule of Law: How Myanmar's Courts Make Law and Order by Nick Cheesman
Merry, Sally Engle
HAGUE JOURNAL ON THE RULE OF LAW, 2017, 9 (01) : 11 - 14
[4] Rule of Law Inside Out in Myanmar Commentary on Opposing the Rule of Law: How Myanmar's Courts Make Law and Order by Nick Cheesman
Munger, Frank
HAGUE JOURNAL ON THE RULE OF LAW, 2017, 9 (01) : 3 - 10
[5] What Is the Rule of Law? Perspectives from MyanmarCommentary on Opposing the Rule of Law: How Myanmar’s Courts Make Law and Order by Nick Cheesman
Sally Engle Merry
Hague Journal on the Rule of Law, 2017, 9 : 11 - 14
[6] The Marikana Massacre, the Rule of Law and South Africa's Violent Democracy
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[7] Rule of Law Inside Out in MyanmarCommentary on Opposing the Rule of Law: How Myanmar’s Courts Make Law and Order by Nick Cheesman
Frank Munger
Hague Journal on the Rule of Law, 2017, 9 : 3 - 10
[8] The Marikana Massacre, the Rule of Law and South Africa’s Violent Democracy
Sam Adelman
Hague Journal on the Rule of Law, 2015, 7 : 243 - 262
[9] A Great Leap Forward for Democracy and the Rule of Law? Brazil's MensalAo Trial
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JOURNAL OF LATIN AMERICAN STUDIES, 2016, 48 (03) : 477 - 507
[10] The right to criticism in the democratic rule of law. An analysis from Habermas?s deliberative democracy.
Prono, Santiago
TORRES DE LUCCA-REVISTA INTERNACIONAL DE FILOSOFIA POLITICA, 2023, 12 (01): : 41 - 52

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