By Pete Alcock, Phil Harris
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Additional info for Welfare Law and Order: A critical introduction to law for social workers
Example text
As we shall see these characteristics are an important feature of the problems encountered in the provision of legal services for the working class and other disadvantaged groups in the community. In a recent study Larson (1977) attempted to explain this bias by looking at the social and economic conditions under which professional groups have emerged. She argued that the services of specialist groups such as lawyers had been up until the nineteenth century the preserve of the property-owning classes, and that entry into these groups of specialist advisors was based much more upon patronage and social status than upon the examinations and training that prevail today.
Another Chief Constable, James Anderton of the Manchester force, said in a recent television programme 17 that the real problem for society and for 'law and order' comes not from theft, burglary or violence but from, 'political factions whose designed end is to overthrow democracy as we know it'. These attitudes towards political dissent or trade-union activity, which it must be born in mind is in the vast majority of cases simply the lawful exercise of democratic freedoms long enjoyed, at least in theory, in Britain, 18 have recently received parliamentary support in the redefinition of the term 'subversive' in 1978, during a parliamentary debate, by the then Labour Home Secretary Merlyn Rees.
In practice, however, the role of the judges is much more complex than this. As we stressed above, legal rules are not neutral; they are the rules developed in a specific society at a specific historical juncture, and judges are as much a part of that society as anyone else. Indeed, the fact that they are selected from amongst the higher levels of the legal profession means that they come from a very definite section of society. In his useful book The Politics of the Judiciary, Griffith (1977) points out that judges, and in particular, the senior judges of the appellate courts, by and large come from very similar social backgrounds.