The Ethics of Development Lawyering
概要： Much of the development literature, whether praxis or critique, has focused on institutional players such as donors, recipient governments, state agencies and NGOs. In this essay I focus on a new professional group: development lawyers and legal consultants.
I begin by arguing that development lawyering is a new professional field. I look at the political economy of the development industry and how lawyers and lawyer-substitutes are located within it. I also consider the contested terms “rule of law” and “development law” and whether they constitute a field of legal practice. In the second part of the paper I reprise multiple definitions “profession” and describe the diversity of lawyers and non-lawyers engaged in development – the missionaries, mercenaries and marginal players found in law reform hot-spots around the globe. Following Abbott, I analyze the struggle over professional jurisdiction that characterizes their practice. Here I identify a lack of direct regulation as one of the defining features of this new sub-profession.
I pose a regulatory question directed at these agents of development rather than at institutions or projects: “What constraints, if any, are there on the behavior of professionals who work on donor-funded legal reform?” In the third part of the essay I lay out some of the ethical challenges thrown up by development work and contrast these problems with the standard formulations of legal professional ethics and with the
broader literature on development ethics. I discuss whether ethics as a mode of regulation matters, and for who. I then propose a series of ethical propositions and questions (an ethical checklist) for development lawyers.