The Role of the Lawyer in Jewish Law
The lawyer in American law is an integral and essential part of the legal system. At the inception of this nation, the lawyer's role received official sanction by the Sixth Amendment to the Constitution, which guaranteed the right to assistance of counsel "in all criminal proceedings."...
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Cambridge Univ. Press
1983
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| In: |
Journal of law and religion
Year: 1983, Volume: 1, Issue: 2, Pages: 297-305 |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | The lawyer in American law is an integral and essential part of the legal system. At the inception of this nation, the lawyer's role received official sanction by the Sixth Amendment to the Constitution, which guaranteed the right to assistance of counsel "in all criminal proceedings."In Jewish law, by contrast, we find no such guarantee regarding the right to counsel. On the contrary, the lawyer was a concession, forced upon the Jewish legal system by certain exigencies. At no time was the lawyer viewed as essential to the adjudicative process. If anything, the lawyer was formerly seen as an obstacle to ascertaining truth. Nonetheless, the personage of the lawyer has today become an accepted feature of the Jewish legal world.As in other systems, the lawyer in Jewish law plays primarily two roles, that of advocate and that of legal consultant. In this essay, I will highlight the various aspects of these roles, analyzing the function filled by the legal profession within Jewish law. |
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| ISSN: | 2163-3088 |
| Contains: | Enthalten in: Journal of law and religion
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| Persistent identifiers: | DOI: 10.2307/1051047 |