“The first thing we do, let’s kill all the lawyers,” says a character in Henry VI by Shakespeare. Unbeknownst to many, this line implies that lawyers stand in the way of tyranny. It underscores the significance of legal professionals in societies. While the legal profession in the modern sense was nonexistent in ancient times, practicing law is one of the oldest learned professions across the world. The purpose of this paper is to examine the evolutionary role of the legal profession in strengthening the rule of law in the Arab world, a region that has long suffered from the absence of adequate rule of law. In this paper, I will examine the following question: To contribute effectively to the strengthening of the Rule of Law, lawyers working in the Middle East would do well to understand- taking into account regulatory mechanisms and social obstacles- that the role of the legal profession varies from country to country, and is typically different from the Western model. A. Definitions What is the Legal Profession?
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In a region like the Arab world, where some countries follow a common law system, some a civil law system, and many are influenced by Sharia, how is the legal profession defined? Who are the actors, drivers, and enforcers of the profession? Law is one of the three oldest learned professions. It originated from a need for individuals as constituents, in a way acceptable to the community, to administer the demands for the public, and to legalize and regulate the disposal of the worldly goods. But what is a profession? The Oxford English Dictionary defines a “profession” as: “An occupation in which a professed knowledge of some subject, field, or science is applied; a vocation or career, especially one that involves prolonged training and a formal qualification.” In legal terms, a profession is “a self-selected, self-disciplined group of individuals who hold themselves out to the public as possessing a special set of skills derived from education and training, and who are prepared to exercise these skills primarily in the interests of others.” Hence, the legal profession is a “ learned vocation that is based on expertise in the law and in its application.” Individuals who pursue a legal profession collectively formulate a body of individuals who are certified to practice law in particular jurisdictions.” They study, promote, uphold, and enforce the collection of rules imposed by the authority, thus, forming the legal profession. They develop a specialized knowledge of the various principles, rules and laws that govern the legal system. What is the Rule of Law? Generally, the rule of law is defined as “the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.” United Nations Secretary General, Kofi Annan, once defined the rule of law as: A principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, legal certainty, and avoidance of arbitrariness and procedural and legal transparency. In the past, the Judge was the main, and arguably the only, actor in the legal profession across the board. As the legal specialist, a judge acted generally under the authority of the king or the prince with the advice of priests in the west represented by the English System and the Romano-Germanic practices. However, the legal profession, in its modern [western?] sense as providing legal services for a fee, emerged as a result of development in the law and trial methods. In addition to judges and religious scholars, this created a wide range of much needed legal professionals as lawyers, professors, writers, government legal agents, and public legal servants. This is particularly relevant because through colonialism, both the English and the Romano-Germanic systems provided models to many of their colonies, including the Arab speaking countries. Legal systems in the Arab countries are diversified due to the religious, historical and political context. They are influenced by Islamic, colonial and modern concepts in law. This not only reflects on the legal systems, but it also defines much of what the legal profession looks like in the Arab countries. Much
In a region like the Arab world, where some countries follow a common law system, some a civil law system, and many are influenced by Sharia, how is the legal profession defined? Who are the actors, drivers, and enforcers of the profession? Law is one of the three oldest learned professions. It originated from a need for individuals as constituents, in a way acceptable to the community, to administer the demands for the public, and to legalize and regulate the disposal of the worldly goods. But what is a profession? The Oxford English Dictionary defines a “profession” as: “An occupation in which a professed knowledge of some subject, field, or science is applied; a vocation or career, especially one that involves prolonged training and a formal qualification.” In legal terms, a profession is “a self-selected, self-disciplined group of individuals who hold themselves out to the public as possessing a special set of skills derived from education and training, and who are prepared to exercise these skills primarily in the interests of others.” Hence, the legal profession is a “ learned vocation that is based on expertise in the law and in its application.” Individuals who pursue a legal profession collectively formulate a body of individuals who are certified to practice law in particular jurisdictions.” They study, promote, uphold, and enforce the collection of rules imposed by the authority, thus, forming the legal profession. They develop a specialized knowledge of the various principles, rules and laws that govern the legal system. What is the Rule of Law? Generally, the rule of law is defined as “the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.” United Nations Secretary General, Kofi Annan, once defined the rule of law as: A principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, legal certainty, and avoidance of arbitrariness and procedural and legal transparency. In the past, the Judge was the main, and arguably the only, actor in the legal profession across the board. As the legal specialist, a judge acted generally under the authority of the king or the prince with the advice of priests in the west represented by the English System and the Romano-Germanic practices. However, the legal profession, in its modern [western?] sense as providing legal services for a fee, emerged as a result of development in the law and trial methods. In addition to judges and religious scholars, this created a wide range of much needed legal professionals as lawyers, professors, writers, government legal agents, and public legal servants. This is particularly relevant because through colonialism, both the English and the Romano-Germanic systems provided models to many of their colonies, including the Arab speaking countries. Legal systems in the Arab countries are diversified due to the religious, historical and political context. They are influenced by Islamic, colonial and modern concepts in law. This not only reflects on the legal systems, but it also defines much of what the legal profession looks like in the Arab countries. Much