The Limits of the Legal Complex: Nordic Lawyers and Political Liberalism

This book explores the role of Nordic lawyers in the struggle for political liberalism. Previous studies have found that lawyers, in a guardian role, organize through their professional organizations to fight for political liberalism, which include basic civil rights and a moderate state. This volume expands and challenges this research agenda. It focuses on the paradox presented by the Nordic region, which scores high on indices of political liberalism and freedom but lacks a long tradition of a large and robust bar or politically salient judiciary. Crossing two centuries and five Nordic countries, it explores the relation between the rise of political liberalism and the corresponding role of the bar and bench. While the authors find variation across the five Nordic countries, they conclude, with some notable exceptions, that the bar remained minuscule and unorganized until well after the emergence of liberal political institutions in the region. Moreover, during this period lawyers and judges did not identify as a separate profession, but were strongly ensconced in the civil service or scattered in the private market. The histories presented in this volume question the view that political lawyers are a necessary condition for the development of a liberal political regime, although reveal that since the 1960s, lawyers have increasingly struggled for political liberalism in all Nordic countries. Nonetheless, these legal complexes have emerged in a manner that challenges the standard guardianship narrative. The book offers alternative rational choice and structuralist explanations for why and when lawyers mobilize collectively for political liberalism.