The Political Origins of Professional Identity
Lawyers, Judges, and Prosecutors in Taiwan's State Transformation
Bibliographic Data
| ID | 4925534 |
|---|---|
| Authors | Ching-Fang Hsu (0009-0002-7372-7545) |
| Year | 2019 |
| Volume | 6 |
| Issue | 2 |
| Pages | 321-346 |
| Publication date | 2019-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 2052-9015 • E-ISSN: 2052-9023 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/als.2018.35 |
| OpenAlex | W2900519741 |
| Language | EN |
| Citations received | 3 |
| References cited | 20 |
Where does the legal profession's identity originate from? How do we explain the intra-professional variations, as multiple legal professions diverge in their political orientations? This paper argues that the legal profession critically develops their core identity resisting incumbent rulewhenthe state undergoes fundamental power reconfiguration. It is their political position as opposed to power in a critical juncture of state transformation that determines the legal profession's collective ideal of who they are and what actions they take. Drawing on 133 interviews with Taiwanese judges, lawyers, and prosecutors, extensive fieldwork, and archival data up to the 1990s, this paper demonstrates how democratization shapes professional identity. As respective professions experienced different levels and models of authoritarian containment, they took separate trajectories to challenge the Kuomintang's party-state and pledge to different normative commitments. Taiwanese judges categorically defend judicial independence, lawyers advocate for people's rights, and prosecutors marshal under justice to check abuse of power
Authoritarianism · Democracy · Democratization · Economic Justice · Identity (music · Independence (probability theory · Legal profession · Political science · Politics · Power (physics · Sociology · State (computer science · Comparative and International Law Studies · Judicial and Constitutional Studies · Legal Education and Practice Innovations · Law
Asian Legal Revivals
Cause Lawyers and Social Movements
The Language of Law School
Criminal Defense in China
Authoritarian Rule of Law
Cause Lawyering
Weiquan (Rights Protection) Lawyering in an Authoritarian State
The July 9th (709) Crackdown on Human Rights Lawyers
Trafficking in Law
Divided Selves
Civil Society and the Lawyers’ Movement of Pakistan
Ideological Values and the Votes of U.S. Supreme Court Justices Revisited
Ideological Values and the Votes of U.S. Supreme Court Justices
Constructing the Identity of the Thai Judge
Leprosy, Legal Mobilization, and the Public Sphere in Japan and South Korea
Why Are Japanese Judges So Conservative in Politically Charged Cases
The Logic of Strategic Defection
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2020 - 2024 (5) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |