In the absence of the rule of law: Everyday lawyering, dignity and resistance in Myanmar's 'disciplined democracy' (Record no. 512394)

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Personal name Batesmith, Alex
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Title In the absence of the rule of law: Everyday lawyering, dignity and resistance in Myanmar's 'disciplined democracy'
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc Social and Legal Studies
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Extent 28(5), Oct, 2019: p.573-599.
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Summary, etc This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make. - Reproduced.

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Topical term or geographic name as entry element Democracy - Myanmar
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Personal name Stevens, Jake
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Main entry heading Social and Legal Studies
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Subject DIP Rule of Law - Myanmar
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Item type Articles
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Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Permanent location Current location Date acquired Serial Enumeration / chronology Barcode Date last seen Koha item type
          Indian Institute of Public Administration Indian Institute of Public Administration 2019-11-21 28(5), Oct, 2019: p.573-599. AR121777 2019-11-21 Articles

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