Some thoughts on 'activist lawyer'ing from a young academic lawyer: a thread
The law is not a concrete rule-book. The law is not a line to be towed thoughtlessly. The law is not unquestionable. The law does not prescribe morality. The law does not dictate. For every law, there are twice as many exceptions (and even more if you're a wealthy white cis man).
Lawyers don't exist to uphold set-in-stone ideas. What would be the point of lawyers if the laws were so clear and unchanging? Lawyers are there to protect the interests of those they represent - to be a legal voice for someone who doesn't have one.
Very often, the law in the books may purport to uphold a certain right or interest - but in reality, discrimination happens, vulnerability happens, the law often plays out differently to how it is written (and often it is written ridiculously by Certain Government Offices).
The idea that a government is the only body making and enforcing law is incredibly, incredibly dangerous and authoritarian. We NEED accountability. We NEED people to ask questions, to say no, to use their knowledge and position to protect others' interests.
In the UK especially, a jurisdiction where case law (laws being made through judgments rather than statutes) is a recognised and legitimate way of creating, reforming, repealing, and explaining the law, the role of a lawyer cannot be overstated.
('Lawyer' is a blanket term here - I'd include anybody working in legal fields, academically or practically).
When deeply, institutionally, systemically xenophobic Home Office officials use the term 'activist lawyers', they mean it derogatorily. They mean that us lawyers are getting too big for our boots, then treading those boots all over the government's lawn.
They mean who are we to ask questions? Who are we to stand up for vulnerable people, to use our knowledge for anything other than thoughtlessly towing a line, cashing a pay cheque, and nodding when the government says nod. I don't want to live in that world.
Activist lawyers - solicitors, PFs, judges, writers, professors - use their degrees, positions, and sway for good. We're here to work tirelessly in fighting to protect vulnerable people, to push for change where it is so very needed, to make things better.
We're activist lawyers because the law itself is an ACTIVE being - constantly changing, constantly reforming to fit the world it lives in - and so it should be!! We have to be able to argue against it and represent people who the law has forgotten about.
Keep stomping those activist lawyer boots. It's our responsibility to make the law work fairly and for everybody.
You can follow @HollyLMckenna.
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