Introduction
Investigations of ethics may start with codes of conduct, but it is the culture of professions that explain the origins of practices and norms, and why they endure. The professional structure provides status for individuals and organisations and develops common understanding of purpose.2 The mysteries of these structures are hidden in the history of lawyers in England and Wales.
Much of the detail of early professional organisation is unrecorded, but some records remain. The origins and history of the English legal profession is still clearly visible in its current structures and organisation.The culture of the English legal profession developed with the idea of a ‘balanced constitution’ guaranteeing core rights. These rights were assumed to be based on customary law, freedom guaranteed by law and a judiciary that was independent of the state. The notion of the ‘independence’ of lawyers is based on these assumptions. They are integral to the self-perception of the legal professions, particularly the Bar. This chapter begins with an examination of the meaning of culture before considering how the distinctive cultures of the legal professions evolved.
1 S Hoggart, ‘Grandest grandee sets gold standard for rage’ Guardian 29 April 2004, at 2.
2 E Friedson, ‘The Theory of Professions: State of the Art’ in R Dingwall and P Lewis (eds), The Sociology of the Professions (London, The Macmillan Press Ltd, 1983).
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