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Law as Engineering: Thinking About What Lawyers Do

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Law as Engineering

Thinking About What Lawyers Do

By David Howarth

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Format: Hardback, 256 pages
Published In: United Kingdom, 28 February 2013
Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers.

Table of Contents

Contents: Preface 1. Introduction 2. What do Lawyers do? 3. Law as Engineering 4. Implications (1) - Professional Ethics 5. Implications (2) - Legal Research and Teaching 6. Conclusion Bibliography Index

About the Author

David Howarth, University of Cambridge, UK

Reviews

`This scholarly text is well written, well footnoted and contains a substantial bibliography. It will be of particular interest to the legal profession. It should be of interest not only in academic law libraries but also in public libraries given that it will appeal to a broad array of thinkers and inquiring minds.' -- Louise Robertson, Canadian Law Library Review `This book would be an excellent addition to any academic law library. . . Howarth's work is especially valuable for its focus on and analysis of the nature of transactional work, providing a framework for discussion on how lawyers work and how their methods can be improved.' -- Alissa Black-Dorward, Law Library Journal `The book is well referenced throughout as one would expect with Elgar's highly academic publications. . . There is always a place for a new concept in the incomplete and developing world of jurisprudence and Howarth treats us to a delightful option which will amuse some, baffle others but generally adds to the continuing legal and philosophical debate which is the new twenty-first century jurisprudence.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine `David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' -- Scott Boorman, Professor, Yale University, US `This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.' -- Sir Bob Hepple, Professor, QC FBA `This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.' -- Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel

EAN: 9780857933775
ISBN: 0857933779
Publisher: Edward Elgar Publishing Ltd
Dimensions: 15.6 x 23.4 centimetres (0.51 kg)
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