By Kenneth F. Ledford
The background of German attorneys in deepest perform from 1878 to 1933 is helping solution questions about the lack of German liberalism to resist nationwide Socialism in 1933. They gained unfastened access and self-government for his or her career in 1878, considering those could result in civic management and improved liberty, however the alterations that have been unleashed printed the bounds effect. Exaggerated expectancies for the criminal occupation in public lifestyles uncovered the constraints of procedural liberalism, with tragic outcomes.
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Additional info for From General Estate to Special Interest: German Lawyers 1878-1933
Die soziale Herkunji, Erziehung und Ausbildung der deutschen Juristen. Eine soziologische Analyse (Neuwied and Berlin, 1969) and Rueschemeyer, Lawyers and their Society, esp. ch. 5, 146-84. A final and fundamentally unsatisfactory, approach to the analysis of the role of lawyers in German society is a sociopsychological one. Using interviews based upon free association in conversation, Walter Weyrauch attempted to describe the attitudinal makeup of German lawyers around 1960; Walter O. Weyrauch, The Personality of Lawyers (New Haven, 1964).
192-3. The Archimedean Point 3 precondition and the necessary first step, would create a sphere of secure and predictable independence from state interference for the individual citizen; it would bring about a right relationship between citizen and state. Gneist reasoned that any system that provided the citizen with legal protection from the arbitrariness of the state must be based upon an independent court system. " 7 It followed that for the public to have effective recourse to the courts and judges, they had to have legal advice and counsel from, and vigorous representation by, practitioners equal in dignity and learning to the judges.
Of these jurists, those most independent from the state were lawyers in private practice. Thus, the middle-class project of the mid-nineteenth century had fixed upon the private bar as the key to reforms that would realize its aims. Concomitantly, the private bar sought a means to raise its own status, to escape existing tutelage to the state that many felt demeaning, to open the profession to talent as a means of escaping political interference, and to attain such standard goals of the professional project as self-discipline and self-government.