‘A UNANIMOUS TACIT COMPLICITY’* DOES REPRODUCTION SERVE AS GATEKEEPING? 1*Pierre Bourdieu, 'The...
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Transcript of ‘A UNANIMOUS TACIT COMPLICITY’* DOES REPRODUCTION SERVE AS GATEKEEPING? 1*Pierre Bourdieu, 'The...
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‘A UNANIMOUS TACIT COMPLICITY’* DOES REPRODUCTION SERVE AS
GATEKEEPING?
*Pierre Bourdieu, 'The Force of Law: Toward a Sociology of the Juridical Field' (1986) 38 Hastings Law Journal 805, 843.
Kristoffer GreavesAustralian Lawyer - PhD Candidate
Deakin University School of Education
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PLT Practitioners as Gatekeepers?
• PLT practitioners are lawyers
• Lawyers are officers of the Court
• Paramount duty
• ?Intersects with PLT work…
…when assessing competence?
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Does lawyer’s paramount obligation intersect with work as PLT practitioner when assessing competency?
YES; 21
NO; 8
UNSURE; 4n = 33
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“Yes”
• Duty to Court is paramount – that’s it
• Duty to Public important too
• We are gatekeepers (5)
• Credibility of course/provider important
• But:
– Feel conflicted / confronted sometimes
– Law School graduates without basic competencies
5
“No”
• PLT provider’s problem
• Not gatekeepers (1)
• Market forces take care of it
• Protection of clients prevails
• Top Down / Bottom Up pressure prevails
• Student attributes subsume PLT outcomes
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Gatekeepers?
• PLT Practitioners - competency
• Admission Boards – suitability + eligibility
• Profession – work experience + hiring prefs
7
Remind me…
Why Do We Do PLT?
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Purpose of Legal Profession Acts
Protect Clients
Protect Administration of
Justice
Assure Quality of Legal Services
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Field Forces and Agents
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12
Struggles for categories of capital
• Cultural – dispositions, goods, qualifications
• Social – durable networks, mutual recognition
• Symbolic – mastery, prestige
• Economic - financial
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‘A UNANIMOUS TACIT COMPLICITY’
• Bourdieu – reflexive sociology
• Social stratification + professional training
• Judicial independence – but commits to established
order
• Law as ‘Education System’
• Reproduction - dispositions + practices
• ‘Symbolic Violence’ - compliance
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Using BourdieuDezalay + Madsen (2012)
• Ways profession constructs key position in
management + evolution of state
• No predetermined path for law + lawyers –
evolution of legal forms and institutions –
needs empirical exploration
15
Using Bourdieu
Structure and Agency
• Are practices able to influence structures?
• Are structures inscribed into practices?
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de Certeau
• Practices in everyday life
• Agents’ tactics to resist dominant strategies/structures
• Tricks, turns, appropriations, micro-inventions
• Some interviewees:
– Resist top down, bottom up pressures
– Divert resources to assist less able trainees
– Further diversity in profession
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@pleagletrainer