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Title: Palestine: Lawyering between Colonisation and the Struggle for Professional Independence
Authors: Qafisheh, Mutaz
Keywords: Lawyering under occupation, law, legal profession, law practice, Bar Association, Palestine
Issue Date: 19-Feb-2020
Publisher: Hart Publishing, Oxford/London/New York
Citation: Mutaz M. Qafisheh, ‘Palestine: Lawyering between Colonisation and the Struggle for Professional Independence’, in Richard Abel, Ole Hammerslev, Hilary Sommerlad, & Ulrike Schultz, eds., Lawyers in 21st-Century Societies, Hart Publishing, Oxford/London/New York, 2020, Vol. I, 639-656.
Abstract: Regulation of the Palestinian legal profession dates from the arrival of British forces during World War I and is an amalgam of the legal systems that have governed Palestine since its detachment from the Ottoman Empire (British, Jordanian, Egyptian, Israeli and Palestinian) (Qafisheh 2013). Under the Ottoman Empire, the profession was codified by the Case Agents (Advocates) Law of 14 January 1876 (Ramadan 1928: vol 5, 346), enacted during efforts to modernise the legal system, chiefly by importing legislation from Europe (Milhem 2014: 17 – 51). In 1871, a law school was opened in Istanbul (Bisharat 1989: 20), from which a number of Palestinians graduated (Likhovski 2016: 178). This chapter analyses the current Palestinian legal profession in historical perspective. Part II discusses its emergence under British rule (1917 – 48), in the West Bank after its annexation by Jordan and in Gaza under Egyptian administration (1948 – 67), and under Israeli occupation (1967 – 93). Part III deals with the profession under Palestinian rule from 1994 to the adoption of the fi rst Palestinian Advocates Law in 1999 and the formation of the Palestinian Bar Association (PBA), until now. Parts IV and V explore thequalifi cations to practise law and legal ethics in Palestine today.
Description: The world's legal professions have undergone dramatic changes in the 30 years since publication of the landmark three-volume Lawyers in Society, which launched comparative sociological studies of lawyers. This is the first of two volumes in which scholars from a wide range of disciplines, countries and cultures document and analyse those changes. The present volume presents reports on 46 countries, with broad coverage of North America, Western Europe, Latin America, Asia, Australia, North Africa and the Middle East, sub-Saharan Africa, and former communist countries. These national reports address: the impact of globalisation and neoliberalism on national legal professions (the relationship of lawyers and their professional associations to the state and tensions between state and citizenship); changes in lawyer demography (rapidly growing numbers and the profession's efforts to retain control, the entry of women and obstacles to full gender equality, ethnic diversity); legal education (the proliferation of institutions and pedagogic innovation); the regulation of lawyers; structures of production (especially the growth of large firms and the impact of technology and paraprofessionals); the distribution of lawyers across roles; and access to justice (state-funded legal aid and pro-bono services). The juxtaposition of the reports reveals the dramatic transformations of professional rationales, labour markets, and working practices and the multiple contingencies of the role of lawyers in societies experiencing increasing juridification within a new geopolitical order.
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