Lawyers in the Elizabethan and early Stuart England: stereotype image
The article describes the stereotype image of the lawyer in the pre-revolutionary England that was dominant in the minds of contemporaries. Lawyers in the late Tudor and early Stuart England constituted one of the most influential occupational groups. After the Reformation, the clergy lost the prominent position they used to hold in the court, and the administrative vacuum was filled up by legal practitioners. A rapid economic growth along with the redistribution of the Church land caused an unprecedented increase in lawsuits and claims of ownership which resulted in a swift growth of court inns. The legal profession promised considerable gain and offered promotional prospects in the court and the government; it became one of the most appealing occupations for the rich and gentle laymen. It was probably the only profession that provided the level of prosperity equal to the profits from land ownership. Legal practitioners were among the most enterprising people of the time. However, the attitude towards lawyers was ambivalent. On the one hand, they were appreciated due to their knowledge, wits, expertise and ability to protect the subjects' liberties. On the other hand, they were hated and feared because of their greed, craftiness, venality, willingness to trick clients, deceive others and line their pockets using clients' misfortunes. Most likely, lawyers were neither better nor worth than most of their contemporaries. They prospered because they just had more opportunities due to the situation in the country back then. The ways they obtained their prosperity were dubious from the viewpoint of many. However, we have to bear in mind that the very nature of the legal profession kept its representatives much in the public eye and put under close scrutiny turning them into objects of envy and bias. Some of their contemporaries were more discerning and perceived the increasing number of lawyers as a consequence of the economic and social changes witnessed by the country. The worldview of the time considered the Law as being instituted by God to sustain the order, prevent chaos, and restore harmony and concordance. The English thought that lawyers, instead of performing their professional duty (i.e. contributing to God's plan and restoring peace and justice), initiated suits, made their clients bankrupt, and caused strife and enmity. Most Englishmen believed that the increasing number of lawsuits and ubiquitous litigation were lawyers' fault.
Keywords
юристы, общее право, судьи, адвокаты, клерки, восприятие, lawyers, common law, justices, attorneys, solicitors, perceptionAuthors
| Name | Organization | |
| Kondratiev Sergey V. | Tyumen State University | s.v.kondratev@utmn.ru |
References
Lawyers in the Elizabethan and early Stuart England: stereotype image | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2017. № 419. DOI: 10.17223/15617793/419/18