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Women in the World's Legal Professions : Onati International Series in Law and Society - Ulrike Schultz

Women in the World's Legal Professions

Onati International Series in Law and Society

By: Ulrike Schultz (Editor), Gisela Shaw (Editor)

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Women lawyers, less than a century ago still almost a contradiction in terms, have come to stay. Who are they? Where are they? What impact have they had on the profession that had for so long been a bastion of male domination? These are key questions asked in this first comprehensive study of women in the world's legal professions. Answers are based on both quantitative and qualitative analyses, using a variety of conceptual frameworks. 26 contributions by 25 authors present and evaluate the situation of women in the legal profession in both common and civil law countries in the developed world. 15 countries from four continents are covered: the United States of America, Canada, Australia, New Zealand, England, Israel, Germany, the Netherlands, Poland, Finland, France, Italy, Brazil, Korea, and Japan. The focus ranges from judges and public prosecutors, to law professors, lawyers (attorneys), notaries and company lawyers. National differences are clearly in evidence, but so are common features cutting across national boundaries. Experience of glass ceilings and revolving doors is as widespread and as real as success stories of women lawyers pursuing their own projects.

This book is a clever collection of essays offering a comprehensive overview of women in the legal professions of the developed world. It is easy to read and absorb. It is a good reference guide for any feminist legal research or for anyone wanting a general idea of the development and advancement of women in the legal profession. Judge Richards The Queensland Lawyer March 2004 ...a timely and significant contribution to the ongoing dialogue. Erika Rackley, University of Leicester Social and Legal Studies May 2005

Prefacep. xvii
List of Contributorsp. xxi
Introduction: Women in the World's Legal Professions: Overview and Synthesisp. xxv
Overview: Contributions
Variations in Approachp. xxv
Conceptual Frameworksp. xxvii
Comparing Cultures and Countries: Problems and Pitfalls
Major Legal Traditions and Culturesp. xxviii
National Characteristicsp. xxix
Language Barriersp. xxxi
Synthesis of Results
History Shaping the Presentp. xxxii
Comparing National Profiles: Quantitative Datap. xxxv
Women in Legal Educationp. xxxviii
Women in Legal Practicep. xli
What Change Through the Arrival of Women on the Legal Scene?p. li
A Women Lawyers' Projectp. lvii
What Way Forward for Women Lawyers?p. lix
Women Lawyers in the Common Law World
Gender and the Profession: An American Perspectivep. 3
Abstractp. 3
Introductionp. 3
Professional Rolesp. 4
Professional Opportunitiesp. 10
Referencesp. 17
The Effect of Lawyer Gender on Client Perceptions of Lawyer Behaviourp. 23
Abstractp. 23
Introductionp. 23
The Projectp. 24
Methodologyp. 25
Data Analysisp. 26
Conclusionp. 27
Referencesp. 30
Gender in Context: Women in Family Lawp. 33
Abstractp. 33
Introductionp. 33
The Context: Family Law Practicep. 35
Gender Similarities and Differencesp. 38
Other Social, Economic, Political, and Legal Forcesp. 42
Conclusionp. 45
Referencesp. 45
Barriers to Gender Equality in the Canadian Legal Establishmentp. 49
Abstractp. 49
Introductionp. 49
The Historical Exclusion of Women from the Professionp. 51
Contemporary Patterns of Inequalityp. 53
Ongoing Struggles in the Canadian Legal Professionp. 65
Conclusion: Reform and Innovation in the Canadian Legal Professionp. 69
Acknowledgementsp. 71
Referencesp. 71
Engendering the Legal Profession: the Education Strategyp. 77
Abstractp. 77
Introductionp. 77
The Seminar on Gender Equality for Three Toronto Law Firmsp. 79
Challenges and Constraintsp. 81
Rethinking Gender Equality Education as a Strategy for Changep. 82
Referencesp. 85
Women in the Legal Profession: The Australian Profilep. 87
Abstractp. 87
Structure of the Legal Profession in Australiap. 87
Number of Women Lawyers/Male Lawyersp. 89
Specialisation of Women Lawyersp. 89
The Judiciaryp. 91
Changes over Timep. 92
Legal Hierarchyp. 93
Career Patternsp. 94
Income Differencesp. 96
Part-time Employmentp. 96
First Women Lawyers to be Admitted/Appointed to the Judiciaryp. 97
Women in Leading Positions in Professional Organisationsp. 98
Women Teaching Lawp. 99
Women in Legal Educationp. 100
Conclusionsp. 100
Referencesp. 101
Women Barristers and Gender Difference in Australiap. 103
Abstractp. 103
Introductionp. 103
Women within Hegemonic Masculinity: Honorary Blokesp. 105
Women as the 'Other' of Masculinityp. 108
Education and Conformityp. 112
Women's Subversion of Traditionp. 116
Conclusionp. 119
Referencesp. 120
New Zealand Women Lawyers at the End of the Twentieth Centuryp. 123
Abstractp. 123
Introductionp. 123
Background Information on the Legal Professionp. 124
Women in the New Zealand Legal Profession Todayp. 126
Incomep. 130
Time Spent in the Professionp. 132
Professional Organisations for Women Lawyersp. 135
Conclusionp. 135
Referencesp. 136
The Status of Women Lawyers in the United Kingdomp. 139
Abstractp. 139
Introductionp. 139
The Structure of Legal Education and the Professionp. 140
Historical Background: the Entry of Women into Lawp. 141
The First Women Law Students and Legal Academicsp. 144
Women Law Students in the 1990sp. 145
Women Legal Academicsp. 146
Women Solicitors in the 1990sp. 150
Women Barristers in the 1990sp. 153
Women Judgesp. 155
Conclusionsp. 155
Referencesp. 156
Strategies for Reforming the English Solicitors' Profession: An Analysis of the Business Case for Sex Equalityp. 159
Abstractp. 159
Introductionp. 159
The Status of Women Solicitorsp. 160
The Business Case for Sex Equalityp. 161
The Perils of the Business Case for Equalityp. 166
Conclusionsp. 172
Referencesp. 172
Prospects for Parity: The Position of Women in the Judiciary in England and Walesp. 175
Abstractp. 175
Introductionp. 175
Historical and Comparative Trendsp. 176
The 'Trickle-Up' Hypothesisp. 177
The Recruitment Pool and Selection Criteriap. 180
The Selection Processp. 182
Future Trends--Opportunity Structures and Legitimate Expectationsp. 185
Conclusionp. 188
Referencesp. 189
Can Women Lawyer Differently? A Perspective from the UKp. 191
Abstractp. 191
Introductionp. 192
The Datap. 196
Conclusionp. 215
Referencesp. 218
The Remains of the Day: The Women Law Professors Projectp. 225
Abstractp. 225
Introductionp. 225
The Research Projectp. 227
Universities and Law Meet Womenp. 229
Equal and Differentp. 236
Women in Senior Managementp. 238
Referencesp. 243
Lawyers in the Courtroom: Gender, Trials and Professional Performance in Israelp. 247
Abstractp. 247
Introductionp. 248
Ascription: Gender and Professional Practicep. 250
Role: Gender and Professional Stylep. 253
Evaluation: Gender and Professional Assessmentsp. 257
Conclusionp. 264
Referencesp. 265
Women Lawyers in the Civil Law World
The Status of Women Lawyers in Germanyp. 271
Abstractp. 271
Overall Professional Profile and Ethosp. 271
Women Lawyers in Germany: a Brief and Sorry Storyp. 272
Increase in Women Lawyers in the Past Three Decadesp. 273
Women in Legal Educationp. 276
Women in the Judiciaryp. 279
Women advocatesp. 285
Referencesp. 290
Women Lawyers in Germany: Perception and Construction of Femininityp. 295
Abstractp. 295
Idealism vs Ideology. The Context for Reflections on Women in the Legal Profession in Germanyp. 295
Will or Does the Profession Change Women?p. 301
Will Women Change the Profession? Or How Do Women See Themselves?p. 310
A Changing Image?p. 316
Referencesp. 318
Women Lawyers in the New Federal States of Germany: from Quantity to Quality?p. 323
Abstractp. 323
Women in Socialism: the Built-in Dilemmap. 323
Women Lawyers in Germany: Unpropitious Beginningsp. 324
Women Lawyers in the German Democratic Republic (1949-1990)p. 325
East German Women Lawyers in United Germany: the Numbers Gamep. 329
Women Lawyers in the New Federal States: from Quantity to Quality?p. 334
Conclusionp. 337
Referencesp. 337
Women in the Dutch Legal Profession (1950-2000)p. 341
Abstractp. 341
Introductionp. 341
Female Participation in the Dutch Legal Professionp. 341
What Links between Gender and Professional Attitudes/Practice?p. 344
Conclusionsp. 348
Referencesp. 350
Choices in Context: Life Histories of Women Lawyers in the Netherlandsp. 353
Abstractp. 353
Introductionp. 353
Where Are the Women Lawyers?p. 354
Alternatives: Women's Life Histories and New Perspectives on Career Theoryp. 355
Life Histories of Women Lawyers in the Netherlandsp. 357
Conclusionsp. 367
Referencesp. 369
Women Lawyers in Poland under the Impact of Post-1989 Transformationp. 371
Abstractp. 371
Introductionp. 371
Women Lawyers in Poland: Historical Overviewp. 372
Women in the Legal Professions: the Situation Todayp. 374
Concluding Observationsp. 385
Referencesp. 386
Women Jurists in Finland at the Turn of the Century: Breakthrough or Intermezzo?p. 387
Abstractp. 387
Introductionp. 387
Women's Entry into the Legal Profession in the Nordic Countriesp. 388
Finnish Women Lawyers at the Start of the 1990sp. 390
Developments in the 1990s: Sectors and Salariesp. 392
Concluding Observationsp. 397
Referencesp. 399
Male Strategies in the Face of the Feminisation of a Profession: the Case of the French Judiciaryp. 401
Abstractp. 401
Introductionp. 401
Women's Access to the Legal Professionp. 402
Feminising the Judiciaryp. 403
Old and New Faces of Male Domination in the Judiciaryp. 409
Conclusionp. 416
Referencesp. 417
Professional Body and Gender Difference in Court: The Case of the First (Failed) Woman Lawyer in Modern Italyp. 419
Abstractp. 419
Introductionp. 419
Theoretical Approachesp. 420
Epistemological Toolsp. 421
Women Lawyers in Italy Prior to Italian Unificationp. 422
A New Legal Scenariop. 424
Legal and Political Implications of the New Legal Frameworkp. 425
The Lidia Poet Court Case and its Socio-legal Impactp. 426
The Issue at Stake: Gender Difference or Gendered Governance?p. 429
A Question of Legal Hermeneutics: the Janus-headed Nature of the Legal Professionp. 429
The infirmitas sexus in Positive Law and Legal Theoryp. 431
Concluding Observationsp. 433
Referencesp. 434
Women in the Judiciary: a Perspective from Brazilp. 437
Abstractp. 437
Introductionp. 437
Choice of Careerp. 439
Relationships with Male 'Equals'p. 444
Impact of Gender on Decision-Making Processesp. 445
Conclusionp. 449
Referencesp. 450
Lee Tai-Young (1914-1998): The Pioneer Woman Lawyer of South Koreap. 451
Abstractp. 451
Introductionp. 451
Parental Familyp. 452
Educationp. 456
Marriagep. 459
New Opportunitiesp. 461
Conclusionp. 463
Referencesp. 464
Women Lawyers in Japan: Contradictory Factors in Statusp. 467
Abstractp. 467
Introductionp. 467
Women's Rights Committee of the Japanese Barp. 470
The 1991 Surveyp. 471
Conclusion and Future Outlookp. 480
Referencesp. 482
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841133201
ISBN-10: 1841133205
Series: Onati International Series in Law and Society
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 544
Published: 8th April 2003
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 2.54
Weight (kg): 0.82
Edition Number: 1