proRo class 2

n.b. -- "fluff" will be tested.

durkheim -- occupations like law must have a collective sense of ethics

what does it mean to call the law a profession?
- specialized training
- higher standardization of competence
- trust and reliability. because of this, the professional self-interests
     must be balanced with the client's interests (self-interests must
     be less than the client's or this level of trust doesn't work)
- self-regulatory quality to professionalism

tocqueville. 
an invisible break on democracy.
american democracy had successfully made democracy "safe for use"
     US was comparatively wealthy and no bloddy continuing warfare
shortage of guarantees against tyranny -- when a person suffers in US,
     can't turn to public opinion, legis., executive branch, police power,
     jury, even judges.... tocqueville finds problems with the iniquitous
     nature which is present in the US legal system which is the check
     against iniquity.

tocqueville writes (p. 2, 3):

"Men who have made a special study of the laws derive from this occupation certain habits of order, a taste for formalities, and a kind of instinctive regard for the regular connection of ideas, which naturally render them very hostile to the revolutionary spirit and the unreflecting passions of the multitude....

"Some of the tastes and the habits of the aristocracy may consequently be discovered in the characters of lawyers. They participate in the same instinctive love of order and formalities; and they entertain the same repugnance to the actions of the multitude, and the same secret contempt of the government of the people. I do not mean to say that the natural propensities of lawyers are sufficiently strong to sway them irresistibly; for they, like most other} men, are governed by their private interests, and especially by the interests of the moment."


disputes by judiciary: this is a naturally anti-democratic way of proceeding, no? the courts are given deference and their word is bond.

going back to footnote 4, though -- we see that this is a measure of checks and balances