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Lawyers in the Caucasus: Climbing out of the Communist Shadows

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The State of Law in the South Caucasus

Part of the book series: Euro-Asian Studies ((EAS))

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Abstract

The role of lawyers in legal systems in transition countries is not well understood. For example, democracy scholar Thomas Carothers has argued that ‘the emphasis on judiciaries is widespread in the rule-of-law field, with the terms judicial reform and rule-of-law reform often used interchangeably.’1 That is not to say that funders of rule of law technical assistance do not recognize the importance of reforming and strengthening the profession of lawyers in the context of advancing broader rule of law reform. However, there has been little in the way of articulating why it is that lawyers are important to broader rule of law reform and economic development. In short, the approach to reforming the profession of lawyers has been more a mantra than a clear understanding of how it is this profession fits into the larger constellation of transitional legal systems.

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Notes

  1. T. Carothers, ‘Promoting the Rule of Law Abroad: the Knowledge Problem’, The Carnegie Endowment for International Peace Rule of Law Series, 34 (January 2003), p. 8. Available at http://www.ceip.org/ files/pdf/wp34.pdf.

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  2. P. LeGendre, Restrictions on the Independent Legal Profession in Azerbaijan, Report for the International League for Human Rights (September 1999). Available at http://www.ilhr.org/ilhr/reports/legal/restrict.html.

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  3. For more comprehensive studies of the legal profession in all three countries, see ABA/CEELI, Legal Profession Reform Index for Armenia (Washington, DC: American Bar Association, November 2003);

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  4. ABA/CEELI, Legal Profession Reform Index for Azerbaijan (Washington, DC: American Bar Association, November 2004);

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  5. and C. P. M. Waters, Counsel in the Caucasus: Professionalization and Law in Georgia (Leiden: Martinus Nijhoff, 2004).

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  6. See J. Merryman, Civil Law Tradition: an Introduction to the Legal Systems of Western Europe and Latin America (Stanford: Stanford University Press, 1990).

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  7. ABA/CEELI, What Employers Think about Armenian Law Faculty Graduates, survey report produced by ABA/CEELI-Armenia (2004), p. 3.

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© 2005 Claude Zullo

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Zullo, C. (2005). Lawyers in the Caucasus: Climbing out of the Communist Shadows. In: Waters, C.P.M. (eds) The State of Law in the South Caucasus. Euro-Asian Studies. Palgrave Macmillan, London. https://doi.org/10.1057/9780230506015_5

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