Law As Engineering Thinking About What Lawyers Do

Author: David Howarth
Publisher: Edward Elgar Publishing
ISBN: 9780857933775
Published In: February 2013
Format: Hardback , 256 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research.

Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers.

Preface 1. Introduction 2. What do Lawyers do? 3. Law as Engineering 4. Implications (1) – Professional Ethics 5. Implications (2) – Legal Research and Teaching 6. Conclusion Index

David Howarth, University of Cambridge, UK

‘David Howarth’s Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth’s book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.’
– Scott Boorman, Professor, Yale University, US

‘This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.’
– Sir Bob Hepple, Professor, QC FBA

‘This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.’
– Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel