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CANDIDATE NO:

29509

UNIT:

SOCI30050, Dissertation

ESSAY TITLE:

The Spirit of Employment


Law: Empirical Application
of French Pragmatist Theory
to a Case Study of a
Medium-Sized Law Firm

SUPERVISOR:

Dr Rosa Vasilaki

WORD COUNT
(excluding footnotes):

9,992

TABLE OF CONTENTS
INTRODUCTION ........................................................................... 3
LITERATURE REVIEW .................................................................. 5
THEORETICAL OVERVIEW .................................................................... 5
THE IMPERATIVE TO JUSTIFY .............................................................. 6
SITUATIONS OF DISPUTE ..................................................................... 7
EQUIVALANCE ...................................................................................... 8
AGREEMENT AND ENDING DISPUTES ................................................. 8
JUSTIFICATORY REGIMES.................................................................... 9
THE NEW SPIRIT OF CAPITALISM ....................................................... 10
PROJECTIVE LOGICS AND ORDER OF WORTH .................................. 12
FP RESEARCH AND EMPIRICAL TESTING WITHIN THE WORKPLACE. 15
THE ENGLISH LEGAL PROFESSION.................................................... 17
APPLYING FP TO THE LEGAL PROFESSION ........................................ 20

METHODOLOGY ........................................................................ 22
DATA ANALYSIS ......................................................................... 26
OVERALL STRATEGY ..........................................................................
THE PREVELANCE OF JUSTIFICATORY REGIMES ..............................
EXCITEMENT ......................................................................................
LAWYERS KNOWLEDGE .....................................................................
MAKING MONEY FOR THE FIRM .........................................................
SEEKING JUSTICE, FAIRNESS, AND HELPING OTHERS .....................
THE CLIENT RELATIONSHIP AND SERVICE ........................................

26
26
28
29
31
33
39

CONCLUDING REMARKS ........................................................... 42


APPENDIX .................................................................................. 45
TABLE 1: TABLE OF INTERVIEW PARTICIPANTS................................. 45
TABLE 2: LIST OF DATA SOURCES FOR DISCOURSE ANALYSIS ........ 45
TABLE 3: ORDER OF WORTH FRAMEWORK ....................................... 46

BIBLIOGRAPHY .......................................................................... 48

INTRODUCTION
The legal profession in England has been subjected to decades of
macro-sociological scrutiny using top-down deductive reasoning to
illuminate findings (Travers, 2001). However, a new theory has
emerged out of the French woodwork since the late-80s that
purports to explain the plurality of pragmatic regimes of action.
French Pragmatist Theory (FP) has been the intensely discussed,
researched and tested in Francophone sociological writings. Yet it
has failed to permeate English sociological discourse, empirical
studies are fleeting and scarcely found in any major journals. This
study will apply Boltanski and Thevenots (2006) theory of
justificatory regimes to the experiences of lawyers in Southwest
England. A case study (Yin, 2009; Thomas, 2011) of a mediumsized solicitors firm, called TEF a pseudonym that focuses on
employment law will be conducted. FPs organisational pluralism
provides novel explanations of how workers actions can be oriented
around one or several common goods.
This dissertation will uncover the workplace motivations,
justifications, and rationales of lawyers at TEF through a
qualitative mixed-methods study. It will answer how justificatory
regimes orient lawyers actions around a common good and analyse
how this affects the experiences of individuals working in a
particular firm. This research is guided by two recent changes:
Firstly, a change to the legal profession where solicitors firms can
become
meaning

Alternative

Business

non-lawyers

can

Structures

own

them.

(ABS)

since

Secondly,

2011,
broader

transformation of workplace logics throughout France and


possibly beyond termed the Third Spirit of Capitalism
(Boltanski and Chiapello, 2005a). My core argument is that
projective logics articulated by lawyers are beginning to displace

top-down market logics within TEF, leading to compromises and


tensions. Lawyers draw upon a diverse range of argumentative
resources depending on the situational grammar; this dissertation
seeks to explain the specific orders of worth lawyers refer to in the
workplace. It is unique as one of the first case studies in English
sociology that applies FP to a specific working environment.

LITERATURE REVIEW
FP represents an epistemological departure from Bourdieus (1990)
Structuralism (Blokker, 2011: 252-3), characteristic of a pragmatic
turn from a critical sociology to a sociology of critical capacity
rather than a paradigm shift (Kuhn, 2012) or the collapse of
metanarratives (Lyotard, 1984) where the sociologist clarifies how
actions and behaviours become justified. This dissertation applies
and tests key FP concepts through empirical analysis focusing on
justificatory regimes and lived experiences within the solicitors
office. As FP is relatively recent this dissertation begins with a brief
theoretical overview before reviewing the literature and research.

THEORETICAL OVERVIEW
FP focuses on our uniquely human capacity for justification that
evolved out of advanced language (Henriques, 2011: 142-9). The
seminal book On Justification (Boltanski and Thevenot, 2006) is
one of the most important sociological publications in recent times
(Wagner, 2008: 236); it advocates a pragmatic sociology focusing
on the individual agents actions, rhetoric, and behaviour within
social situations. Boltanski and Thevenot (B&T) study how actors
reach agreements, justify actions, and solve disputes without
resorting to violence (2006: 32). B&T avoid the binary debates of
relativism/universalism;

agency/structure;

and

realism/utopianism; by combining the sociology of collective


phenomena and the economy of the marketplace (2006: 28; DiazBone, 2011: 50-51).
B&T argue [that a] rigorous social science must take seriously
the justifications of persons and the metaphysics of agreement on
which these justifications are based (2006: 345), which have
previously eluded sociologists; these justifications are illuminated

within the coexisting orders of worth in shared social spaces


(Kostiner, 2003; Annisette and Richardson, 2011; Ramirez, 2013).
Accordingly, the social world can be analysed through the
justification

of

action

arising

out

of

critical

disputes

and

disagreements which are daily occurrences managed by


referring to particular rhetoric and grammar 1 . Their interest is
somewhat Durkheimian: devoted to understanding a political and
social equilibrium

(B&T, 1999: 366), aiming to describe the

actors sense of justice and to build models of the competence


which actors [possess] in order to face ordinary critical situations.
(ibid: 364)
Their model articulates a plurality of pragmatic regimes of action:
love, familiarity, justice, and violence. On Justification focuses
explicitly on regimes of justice, where actors justify social
arrangements throughout their day-to-day existence, not in a
political/ethical sense (Rawls, 1971), doxa (Bourdieu, 1990: 67), or
social justice (Kostiner, 2003). Situational justice is characterised
by both conflict and equivalence.

THE IMPERATIVE TO JUSTIFY


When actors meet in close proximity and engage in conversation, a
need for justifying decisions arises, this imperative to justify
underlies the possibility of coordinating human behaviour (B&T,
2006: 37). The resulting agreements and compromises following
disputes co-ordinates and structures action, creating social order.
Individuals

make

associations

that

are

supported

by

justifications; these associations often reach convergence on a


This is contrasted with Goffmans (1967) Interaction Ritual where disagreements
and disputes are also part of everyday life, but analysed in terms of the
situational etiquette that the actor draws upon. Whereas B&T (1999; 2006)
analyse social action by the higher common principle granted primacy in the
situation, which the actor expresses through a constructed grammar.

higher common principle, which requires justice to end disputes


(ibid:

33-4).

Once

legitimate

agreement

is

reached,

social

equilibrium is attained and the dispute ends (ibid: 38). TEF can be
examined as a social order built upon a multitude of agreements,
holding its culture in place through unwritten, internalised
behaviours.

SITUATIONS OF DISPUTE
FP focuses on interactive situations of dispute (Blokker, 2011:
256), during which actors must reflexively articulate justifications
that both support their own arguments and effectively criticises
others (B&T, 1999: 360). Judgements must be made to resolve this
uncertainty between parties (ibid: 367); actors therefore use
rhetorical strategies and arguments appealing to a common good to
denounce each others claims, during critical moments actors
are called to put their cards on the table and justify their accounts
with specific orders of worth (McInerney, 2008: 1112), avoiding
coercive and Machiavellian tactics.2 The actor uses stable referents
to reach legitimate, grounded agreement, which ends a dispute
without resorting to violence.

The use of coercion, or deceit is considered to be a regime of violence, outside


the object of study. Although conflict and dispute exist, the situation is no longer
characterised by equivalence.

Althusser (1971), Gramsci (1971: 210-76), Marx and Engels (1998), and Lukacs
(1968: 46-81) give Marxist accounts of how deceit can be part of the legitimising
tactics of the ruling class through the use of ideology, used as a weapon to
dominate, oppress, or mislead the proletariat. Foucault (1986a; 1986b) and
Bourdieu (1991: 163-170) also write on ideology as a form of coercive power,
from their own unique perspectives. These stances differ from the Neo-Weberian
view of ideology in FP Writings (see Chiapello, 2003; Boltanski and Chiapello,
2005a: 9-12), where ideological power derives from a spirit or worldview that
the actor internalises. This view draws upon Geertz (1973), Dumont (1977: 2731), Hirschman (1977), and Weber (2002).

EQUIVALANCE
The unit of analysis are situations of equivalence where
something is held accountable. Equivalence is paramount in
managing disputes and justificatory regimes (B&T, 1999: 361),
each regime has its own principle of evaluation that categorises
and orders objects according to an equivalency principle to
determine their worth or greatness (Lamont, 2012).
In situational disputes, actors depart from the ordinary use of
language and refer to general, normative principles to make
justifications; basing arguments upon the grammar of the common
good, which must be tested according to the principle of
equivalence (ibid: 363). Forms of equivalence are situational
specific, and people can shift between different forms accordingly;
a form of equivalence is only granted universal validity if the
situation permits it (ibid: 365). Actors arguments should be based
on strong evidence that coherently justifies their behaviour; the
grammar of the common good in a solicitors office might refer to
general principles of profit-maximisation or inspired-labour, for
instance, if a situation permits it.

AGREEMENT AND ENDING DISPUTES


Actors avoid resorting to violence by coming to terms with mutual
disagreements through compromises or legitimate agreements.
Actors are endowed with an ability to differentiate legitimate and
illegitimate ways of rendering criticisms and justifications [which]
can be said to be legitimate in a concrete situation when the
speaker can stand by it whatever the social characteristics of a
newcomer may be (ibid: 364). This competence allows actors to
resolve disputes grounded upon the model of justificatory regimes
that functions social order.

JUSTIFICATORY REGIMES
Justificatory Regimes embody a common humanity that clarifies
our ordinary sense of justice (ibid: 366-7) giving us coherent,
concrete principles of ordering and evaluation. Culture, language,
and arguments are used strategically as tools to motivate and
justify action, helping us make sense of our lived experiences
within regimes (Vaisey, 2009: 1679).
B&T develop a common model of the cit that explains the
possibility of shifting between compromising positions, drawing
upon political philosophies that stress a common humanity.
Justificatory regimes encompassing social bonds that hold
legitimate social order together are everyday grammars of the
common good, inherited from political philosophy.
B&T identify six orders of worth3 actors utilise to justify their
actions: the industrial order; market order; inspired order; domestic
order; civic order; and order of fame (2006: 159-212). Boltanski and
Chiapello (2005a: 107-28) articulate a seventh order of worth
termed the projective cit following their analysis of managerial
discourse 4 . Each order gains legitimacy in different contexts,
providing actors with the grammar and rhetoric to defend their
position. These modes of justification co-ordinate action and give
concrete

principles

of

evaluation

(Diaz-Bone,

2011:

47),

constituting an everyday metaphysics where identity is fluid


according to the situation (cf. Bauman, 2000).
Moral principles gradually become embodied within institutional
structures and situations, where actors mobilise the same moral
Orders of worth are sometimes termed cits, justificatory regimes, polities,
worlds, or economies of worth. These terms are used interchangeably.
4 See the Order of Worth Framework table in the Appendix for a General
Overview of the Seven Justificatory Regimes used as a theoretical overview and
for coding and data analysis.
3

principles towards a common good, e.g. The Family is an


embodiment of the Domestic order of worth. Justificatory Regimes
are now encapsulated in the core of a large number of ordinary
institutions and social devices such as polling stations, shopfloors, media, artistic shows and family ceremonies (B&T, 1999:
366). Furthermore, each of these constructions proposes a specific
principle of order or equivalence, which can be implemented with a
view to specifying what the worth or size of [individuals] and
base a justifiable order between persons (ibid: 367). One can
denounce and disarm critique from one cit using another cit, or
critique internally.

THE NEW SPIRIT OF CAPITALISM


Boltanski and Chiapellos (B&C) The New Spirit of Capitalism
(2005a; 2005b) is described as the most important event of the
[pragmatic] turn so far (Bugden, 2000: 150). B&C answer how the
internal logic and ideology of capitalism transformed itself in the
absence of critical resistance, arguing that capitalism re-organised
its dominant worldviews that justify commitment to wage-earning
activities (B&C, 2005b: 161-2).
Chiapello (2003) argues that the spirit of capitalism has a social
integration function, which creates a stabilising sense of belonging,
justifying the capitalist system (2003: 165), when criticised this
takes on a distortion function (ibid: 166). Accordingly B&C reject
views of ideology that have dominated sociological discourse,
disagreeing that ideology is: False Consciousness as Marxists
argue (Marx and Engels, 1998: 57-116), used as a weapon
(Bourdieu, 1991: 163-170; Foucault, 1986b), a part of the state
apparatus (Althusser, 1971), or a hegemonic force (Gramsci, 1971:
210-76); B&C lean towards a Neo-Weberian depiction of ideology

10

influenced by Geertz (1973) and Dumont (1977), who view ideology


as a justificatory force with legitimating properties.
The Spirit of Capitalism is: the ideology that justifies peoples
commitment to capitalism, render[ing] this commitment attractive
(B&C, 2005b: 162), providing actors with normative arguments to
justify committing themselves to a vocation. B&C argue that
capitalism

needs

spirit

to

justify

the

constant

infinite

accumulation of capital. The emphasis of study is therefore


Webers (2002) articulation of a moral dimension, rather than an
economic dimension of capitalism; this ideology rationalises actors
commitment to wage-earning activities (Chiapello, 2003).
B&C argue that the spirit of capitalism justifies workplace
commitment in a way money cannot (2005a: 8-9). Pinks (2009)
research demonstrates that money is not the primary motivator at
work and that financial incentives can often be detrimental to
performance in highly-skilled occupations. He emphasises the
individual drive for mastery, purpose, and autonomy at work (ibid:
85-150), mirroring aspects of B&Cs (2005a) articulation of a
projective cit.
The Spirit of Capitalism is reformulated from Webers (2002: 1338) conceptual definition, this First Spirit of Capitalism was
instrumental in ones vocation, which offered personal salvation.
B&C (2005a: 9) and Hirschman (1977) argue that this spirit was
transformed in the 1930s and profit-making derived justification
from a common good, becoming legitimate by appealing to a higher
(industrial-civic) order. Accordingly the worker can justify work in
exchange for money, capitalism is seen as a mode of co-ordinating
action and a lived world (B&C, 2005a: 12), even if few people ever
accumulate enough to live comfortably beyond their means, it
receives justification from a higher order.
As well as appealing to the common good, involvement in
capitalism is also stimulating and fulfils workers expectations of

11

autonomy and security by keeping them engaged and providing


valid justifications and arguments for this engagement (ibid: 1516). The tension between autonomy and security exists in all forms
of modernity and the spirit of capitalism relieves this tension
somewhat (Wagner, 2001: 10, 2008: 112-120). There are three
dimensions that provide a concrete expression to the spirit of
capitalism:

excitement (personal

liberation,

authenticity,

and

creativity); security; and a notion of fairness that is coherent with


a sense of justice, and contributes to the common good. (B&C,
2005b: 164). The capitalist system relies on these justifications to
provide arguments that keep workers engaged (ibid, 2005a: 20-21).
This spirit is internalised to furnish justification, it is the dominant
ideology that permeates and infiltrates all forms of discourse, even
those critical of capitalism (ibid: 57). This concept gives a
rationalisation that compels ordinary people to take up a vocation
and provides workers with the argumentative resources to defend
their choices (ibid, 2005b: 163-4). The Spirit of Capitalism is
therefore relevant when examining the justifications lawyers give
for their engagement with their vocation, particularly when
examining their choices and experiences from an FP perspective.

PROJECTIVE LOGICS AND ORDER OF WORTH


Projective ideologies and logics have displaced traditional notions of
management within large organisations since the 1960s, changing
the way individuals work (B&C, 2005a: 70-99; 2005b: 165-6). The
third spirit of capitalism manifested itself following the widespread
critique of 1968, where network logic began displacing industrial
logic which dominated managerial discourse until the 1960s
leading to a major re-organisation of systems and values (B&C,
2005b: 170).

12

Managerial discourse criticised older bureaucratic, hierarchical


styles of management in the 60s, favouring autonomous work with
flatter structures; a new kind of authority emerged emanating from
the network, which was seen as flexible and innovative (ibid,
2005a: 64-71). The economy began to be conceived in network
terminology, with people gradually becoming interdependent,
relying on connections and access to social capital to get ahead
(Granovetter, 1973; Burt, 2000; Timberlake, 2005), fairly and
justly by making the best use of their acquaintances and ties in a
projective world (B&C, 2005b: 168-9). Furthermore, hierarchy is
demolished as worker flexibility increases and the project becomes
an appropriate tool for organising work, leading to: new jobs;
outsourcing; a rejection of Taylorism and Fordism; and relaxed
workplace controls (ibid, 2005a: 73-81). This transition is evident
in

newer

organisational

structures

based

on

networks

encapsulating technological shifts (Castells, 2000). Work becomes


personified

with

properties

of

individuality,

meaning

and

authenticity emerging amongst workers motivated by a sense of


inner purpose and mastery (Fleming and Sturdy, 2009: 577-80;
Pink, 2009).
Authority had come from the top-down, where managers
delegated power in a highly centralised manner; nowadays a moral
property of trust unites members of a team (B&C, 2005a: 83). The
legitimacy from an industrial-civic order that dominated the second
spirit of capitalism is diminished; a projective order gains
legitimacy

(ibid:

90-92).

Concurrently

the

boundaries

of

private/professional life blur, with an increased emphasis on


skills; employability fragments the world of work (ibid: 155), yet
individuals are capable of flourishing and are given more
responsibility shifting the emphasis away from control and
surveillance that Foucauldians emphasise within the workplace
(Foucault, 1986a; McKinlay and Starkey, 1998) making their

13

identities fluid using the resources around them (Bauman, 2000:


130-167). Finally, work is now seen as exciting and a solution to
the disenchantment of modern life (B&C, 2005a: 99), where
consumerism makes life seem dull and empty (Ritzer, 2009). An
examination of authenticity and excitement in TEF Law will be
conducted.
B&C (2005a: 105-7) argue that contemporary management
literature justifies engagement with work by organising it around a
series of reflexive projects. These projects are expressions of
growing network logics (ibid: 136), that have changed the world of
work: workers have greater autonomy and take ownership of their
work, yet paradoxically it has led to the rise of subcontracting,
outsourcing, and temporary labour (ibid: 219-221). Employment
rhetoric has shifted from job security concerns that were once seen
as liberating (ibid: 468) to a need for flexible employment, where
the ideal worker is flexible and malleable within a fragmented
labour market (B&C, 2005a: 224-239; 2005b: 169).
The biggest critique of B&C (2005a) is that they wrote a
specifically French book. Parker (2008: 611) echoes criticisms
that empirical analysis might not be suitable for Anglo-American
sociology 5 as capitalism has evolved differently in each country;
this criticism is responded to in the preface (B&C, 2005a: xxi).
Although in 1999 it was estimated that 20% of all establishments
within France adopted a projective mode of justification, more
empirical

testing

is

needed

outside

France

to

determine

institutional, national, and global orders of worth. B&C (2005b:


178-9) suggest that political differences between Britain and
France indicate a divergence in the modes of justifications; they
Vaisey (2009) has reformulated concepts of Motivation and Justification into a
new model that explains cultural meanings. Furthermore Walzer (1983) has
developed a theoretical model of plural spheres of justice, similar to Boltanski
and Thevenot (2006). Yet a detailed sociological account of a New Spirit of
Capitalism specific to Britain or the US does not exist.

14

speculate that British institutions might adopt more marketoriented forms of worth. This hypothesis will be tested in the
empirical section of the thesis: Have British firms adopted a
projective logic or market logic? What orders of worth do lawyers
refer to in the workplace?

FP

RESEARCH

AND

EMPIRICAL

TESTING

WITHIN

THE

WORKPLACE
B&T (1999: 369-70) argue that: companies are, a very good field to
test this hypothesis [of justificatory regimes] The co-presence in
the modern company of heterogeneous resources, leading to
different forms of consistency and based on different principles of
justice, is particularly striking as workplaces rely upon common
agreements. B&T (1989) collected eleven studies on fairness and
justice in the workplace that tested FP; more recently empirical
studies have applied FP to various occupations in the UK,
including: social activists (Kostiner, 2003), auditors (Ramirez,
2013),

accountants

(Annisette

and

Richardson,

2011);

and

Fairtrade labellers (Reinecke, 2010). More organisations have been


analysed using FP abroad
Maintenance

Therapy

(OMT)

, even justifications for Opioid


in

Finnish

Drug

Dependency

treatment clinics (Perl et al, 2013). However, there is a notable


gap in the literature with no FP studies on the legal profession.
Ramirez (2013) analyses institutional change within the British
Audit profession. Auditors argued changes were unjust and
unfair as an external body was monitoring them. In order to
resolve these tense situations between changing justificatory
regimes a compromise was reached to stabilise the situation and
restore a so-called natural order (ibid: 865). Ramirez shows how
See Jagd (2011: 347-354) for a review of empirical studies in Organisational
Research that apply FP.

15

FP can be used to frame experiences within the workplace,


particularly those of indignation at the height of change. B&C
(2005b: 171) argue that institutional changes need to ensure the
fairness of work, especially within organisations; what auditors
deemed unfair led to a breakdown in the justifications for work
and a rejection of top-down power (Ramirez, 2013: 867-70).
There have been several French-language studies on justificatory
regimes within various non-profit organisations (Jagd, 2011: 349),
yet FP has been slow in catching onto English-language discourse.
Justificatory

regimes

and

processes

actively

transform

the

workplace and capitalism, McInerney (2008: 1093-4) argues that


justifications mobilise workers to construct organisational fields
that legitimise their work, in doing so they draw upon a civic
justificatory regime. Rolandsson et al (2011: 578) argue that civic
justifications motivate and legitimise the work of open-source
software programmers; these justifications are also used by
Finnish medical professionals in OMT (Perl et al, 2013: 962)
allowing them to construct a field based around a civic common
good, where argumentative tools are applied in specific ways to
disarm criticism and tension within their field (McInerney, 2008:
1107). Boivin and Roch (2006) used a case study of Apple
Computers demonstrating conflict and tension between workers
applying inspirational justifications alongside industrial justificatory
regimes. Fuller (2013: 649-654) used similar insights to develop an
understanding of human agency related to the justification of
urban politics, specifically on how consensus is reached in the
logic of action. Cloutier and Langley (2013: 375) argue that
individual justifications result from institutional effects, creating
field-level logics localised agreements cause justifications to
become institutionalised. However, this process requires further
illumination especially on localised agreements and how these

16

agreements become legitimate parts of social order which this


dissertation aims to provide by examining the solicitors profession.

THE ENGLISH LEGAL PROFESSION


Classical theorists (Weber, 1978; De Tocqueville, 2000) studied the
legal

profession,

but

only

when

Parsons

(1954a;

1954b)

emphasised the importance of the legal profession as a stabilising


mechanism that creates an orderly functioning society did
sociological discourse shift from theoretical to empirical work.
Parsons (ibid) saw the legislative power of lawyers as a mediating
force between the market-economy and politics and argued that
the lawyer-client relationship revolves around trust, efficiency and
providing a service instead of profit-creation and money.
Lawyers

knowledge

and

expertise

is

common

theme,

particularly the means of knowledge reproduction within the


professional field (Bourdieu, 1986; Hunt and Wickham, 1994;
Larson, 2013). However, the Sociology of the Legal Profession
remains a relatively small and under-researched subfield in Britain
(Travers, 2001), where research often has a macro-bias an
overemphasis on structural conditions as opposed to individual
actions (Travers, 1993: 446-7). There are a number of statistical,
quantitative studies on solicitors (Law Society, 2012), yet a lack of
ethnographic, qualitative work Floods (1981, 1983) studies on
Barristers clerks and a recent study conducted by Sommerlad et al
(2010) being notable exceptions. This dissertation aims to address
this gap by conducting an examination of solicitors in their
workplace setting.
Not only is the legal profession a distinctive hallmark of
capitalism (Friedman, 1989: 16), but the level of economic activity
in capitalist countries is strongly correlated to the number of

17

lawyers and their level of activity (Rueschemeyer, 1986: 418-9)7.


This interdependency makes the study of broader changes in the
spirit of capitalism affecting transformations in the legal profession
quite intriguing. Weber (1978) and Rueschemeyer (1986: 430)
recognised that early-capitalism created the demand for legal
professions to mediate disputes regarding property, employment,
and the family.
Common themes within the Sociology of Solicitors include: entry,
exclusion, and segregation within the profession. Historically the
solicitors profession was an exclusive club of white, economically
privileged men (Nicolson, 2006: 109-112) who used their status to
exercise control over who can enter the profession (Abel 1988: 13).
However, as greater numbers of women and ethnic minorities
entered the expanding Higher Education System these controls
relaxed (Francis and Sommerlad, 2009: 64). Despite the increased
proportion of female and ethnic minority solicitors over the past
few decades, solicitors still report a homogenous, masculine,
ethnocentric culture, especially within the upper echelons of the
profession (Law Society, 2010a, 2010b, 2012). Larson argues that
the legal profession is still exclusionary and maintains a monopoly
of power through maintaining an elitist status (2013: 168). The
exclusionary mechanisms help it maintain specific interests whilst
appearing objective and neutral (ibid: 175-7).
Significant managerial changes in English solicitors firms have
led to more relaxed controls, structural reorganisation and
heightened agency (Hanlon, 1997; Ackroyd and Muzio, 2007).
External pressures often shape internal culture within firms
(Cotterrell, 2006: 87), these changes are in-line with structural
transformations highlighted by B&C (2005a). One example is the

Japan is an exception, it is a highly advanced capitalist economy with few


bengoshi (lawyers) per capita in comparison to the United States and other
capitalist countries (Rueschemeyer, 1986: 420-21).

18

birth of the modern firm in the 1950s in response to staff


shortages and a rejection of nepotism (Galanter and Roberts, 2008:
152-9); by the 1970s the number of partners in Magic Circle 8
firms

increased

exponentially

as

firms

diversified

business

opportunities. Unfortunately, this historical analysis does not


elaborate

on

workplace

justifications,

motivations,

or

lived

experiences.
A distinctive characteristic of the legal profession crossnationally

is

that

justice

promotion

is

highly

valued

(Rueschemeyer, 1964, 1986). Lawyers themselves are entrusted


with a social function of administering justice, mitigating conflicts
and mediating disputes (Bourdieu, 1986: 819). The juridical space
appears neutral because of its orientation towards the truth (ibid:
830) and the high level of trust involved in the client-lawyer
relationship (Parsons, 1954b). Bourdieu (1986: 844) argues that
specific interests especially concerning justice guide legal
professionals becoming manifest in their work. The juridical field
makes individual interests universally legitimate by transforming
ordinary problems into legal problems. Legal specialists have
mastery over the juridical field and use their knowledge, specialist
language, and terminology to seek just resolutions for their client
(ibid: 829). Therefore, they have the power to reveal the rights of
their clients, as injustice leads to the discovery of individual rights
(ibid: 833) and costly work becomes justified by the lawyer seeking
to redress unfairness create just equilibriums (Sarat and Felstiner,
1989: 1683-4).
Knowledge is also addressed in Sarat and Felstiners (1989)
study of Divorce Lawyers in the US. They argue that within the
legal system, objectivity and fairness are irrelevant, instead the

Magic Circle refers to the five leading UK law firms by revenue, amongst the
most prestigious in the world. They are: Clifford Chance, Linklaters, Freshfields,
Allen and Overy, and Slaughter and May.

19

system is dependent on experts who possess specialist legal


knowledge and articulate it effectively (ibid: 1667). This means that
the costly work of lawyers can be justified in terms of fairness (ibid:
1671); a view critical of Parsons (1954b) notion that lawyers offer
advice altruistically as opposed to being money-motivated. Larson
(2013) is also sceptical of lawyers altruism. However, Friedman
(1989:

17)

believes

that

lawyers

are

not

only

needed

as

information-brokers and experts, but as insiders who are aware of


the rules of the game and how the juridical field operates (cf.
Bourdieu, 1986, 1991). Foucault goes further by claiming that
lawyers are part of truth politics, where their statements hold
implicit value (1986b: 131); Lawyers authorise what is true
through the dissemination of knowledge in their practice and this
gives them inherent power (Hunt and Wickham, 1994: 12).
Forstenlechner

and

Lettice

(2008:

645-50)

examined

the

motivations and expectations of young lawyers seeking a career in


England, arguing that career prospects and high wages were
key motivators, indicating the dominant presence of a market
justificatory regime (B&T, 2006: 193-203), hinted by B&C (2005b:
178-9). However, other authors highlight structural changes
towards an increasingly projective logic within the solicitors
profession (Muzio, 2004; Ackroyd and Muzio, 2007). Blokker
argues that: organisational order and change are closely related to
forms of justification. (2011: 357) These areas will be expanded on
within this research where justificatory regimes will be tested, with
a view to uncovering whether a projective logic exists.

APPLYING FP TO THE LEGAL PROFESSION


As identified above, a gap exists in sociological discourse; presently
there is no synthesis of FP and research on the solicitors
profession. Although FP has been tested through research on

20

various professions, no examination of justificatory regimes


amongst English solicitors and their lived experiences in the
workplace has been conducted. Current research on solicitors
highlights

themes

of

inequality

and

segregation,

whereas

motivation and justification are often ignored.


This research aims to fill two empirical gaps: Firstly, by
introducing FP to the analysis of English professions. Although FP
is well received in France, it has only been recently translated into
English and lacks strict empirical and methodological testing.
Secondly, by researching solicitors themselves whom sociologists
often ignore as the Law Society conducts the majority of research
on solicitors9. Contemporary sociological studies often ignore the
role of agency within the legal profession. This dissertation will
examine

lawyers

agency

and

use

FP

as

its

theoretical

underpinning, contributing a unique insight into the rhetoric,


motives, and experiences of solicitors.
This dissertation will examine the impact of transformation upon
the solicitors profession and solicitors lived experiences. Jagd
(2011: 354) stresses the importance of studying reflexive action in
different forms of justification as an avenue for future research. FP
gives a deeper understanding of the justifications and lived
experiences of solicitors, whilst rigorously testing the theory in the
context of the solicitors office: explicitly focusing on the processes
of justification[as a] focus for empirical study (ibid: 344), in line
with the maxim that [a] rigorous social science must take
seriously the justifications of persons and the metaphysics of
agreement on which these justifications are based. (B&T, 2006:
345).

The Law Society represents the interests of solicitors by providing training and
regulation.

21

METHODOLOGY
This study adopts a similar methodological framework as both
Ramirezs (2013: 853) and Greenwood and Suddabys (2006: 31)
institutional analyses: a qualitative case study following Thomass
(2011) typology aiming to provide an insight into a firm. The subject
(ibid: 514) of the case study is TEF Law, an ABS with over 100
solicitors operating in Southwest England owned by a larger
European conglomerate. TEF Law focuses on two areas of practice:
Personal Injury and Employment Law. The sample focused on
solicitors and barristers working in employment law, as these
lawyers practice provided a unique site to focus on situational
justifications within a highly specific area.
The methodological standpoint of FP analyses the situation as
arrangements of objects within a particular frame (Diaz-Bone,
2011: 49), where action can be explained by situational disposition
towards a common good (ibid: 54). The study aimed to assess FPs
theoretical validity through case study testing (George and Bennett,
2005: 76), which was achieved by combining qualitative methods
with a discourse analysis consisting of data sources from the TEF
Law Website and Law Society briefs directed at solicitors.10
The use of qualitative procedures was appropriate for several
reasons: Firstly, exploring the ideas of workplace justification and
legitimacy, would require the participants to articulate their
rationales for choosing a vocation within a specific site in their own
terms,

allowing

for

personal

reflection

on

their

workplace

experiences. Secondly, to disentangle how lawyers consume


supposedly neutral ideologies from professional regulatory bodies.
Thirdly, to uncover how various manifestations of order within TEF
Table One in the Appendix shows the Interview Participants and their
characteristics. Table Two in the Appendix shows a list of data sources for the
discourse analysis.

10

22

Law give a voice to attributes of passion, drive, and motivation


amongst the participants that legitimate their vocation towards a
particular common good (B&C, 2005a: 8-9). Fourthly, the case
study designates TEF Law as a subject within clearly defined
boundaries temporally following recent changes to the legal
profession allowing firms to become ABSs geographically, and
institutionally that allow easy replication and further testing
(Thomas, 2011: 517). Using mixed methods gave an overview of the
justificatory logics salient within TEF Laws organisational culture
(Tolbert, 1988) by exploring the logic actors apply in order to
coordinate themselves in the process of production (Diaz-Bone,
2011: 54).

The

analysis

conventions

and

practices

identified
that

were

implicit
used

to

categories,
reconstruct

justificatory regimes that are part of the deeper structure of the


knowledge-order (ibid: 58).

Single

Snapshot

Theory-Testing

Local
Exploratory

Figure 1: The Design Path of my Case Study, based on Thomas's (2011: 518) Typology.

Initially there were several difficulties persuading lawyers to


participate in the study (cf. Flood, 1981). However, a gatekeeper
was used to gain access to four participants under the condition of
anonymity using pseudonyms. Two solicitors (Jack and Ronald)
agreed to take part in a focus group at TEFs offices. One barrister
(Susan) and one solicitor (Rose) took part in one-to-one semi-

23

structured phone interviews. The interviews and focus group took


between thirty to forty minutes to conduct and were fully recorded
and transcribed. As one researcher conducted all the interviews
and transcribed all the data, it avoided what Perkyl (1997: 326)
describes as a loss of understanding of key conversational
interactions, such as physical cues. The interviews were semistructured which allowed the researcher to change the question
order and wording and also probe certain areas in more detail
depending on the respondents answers. A narrative analysis was
applied to make sense of participants experiences by asking them
how they make sense of what has happened (Bryman, 2008:
551).
Hunt and Wickham (1994: 121) argue that professional and
regulatory

knowledge

empowers

legal

professionals

through

production which can be studied through discourse analysis


which justified using data sources from the Law Society. Further
data was collected from the TEF Law website, where ideology is
open to the public eye and served as an important site to analyse
the firms self-justification and self-presentation. The materials
purpose was to regulate the solicitors behaviour and provide them
with workplace justifications. All data was subject to systematic
coding that highlighted emergent themes. In order to identify
justificatory regimes a matrix of reference values and grammar was
organised to aid evaluative comparison, allowing the researcher to
document tensions between competing grammars and identify
references

to

the

common

good

as

suggested

by

Lamont

(2012:213)11.
One limitation with theoretical testing is that the methodology is
partially dependent on FPs internal causal assumptions (George
11

This matrix has been reproduced in the appendix. Similar tables have been
used as methodological instruments in other studies that apply FP as reference
values actors make in justifications (see Thevenot et al, 2000: 241) or as
semantic descriptors in coded text (see Patriotta et al, 2011: 1815-6).

24

and Bennett, 2005: 116). The case is only generalisable to the


theoretical

propositions

within

specific

temporal

and

geographical frame being tested (Yin, 2009: 15). Furthermore, the


findings are limited to a single snapshot of TEF and do not
portray the wider legal profession. Therefore, the validity of the
findings can only be tested through replication.
Studies on the legal profession have been criticised for lacking
wider representativeness. For example, gender equality on entry to
the solicitors profession was only reached in the 1997 (Law
Society, 2011) and the profession itself has been criticised for being
the

domain

of

white,

Oxbridge-educated,

affluent

males,

particularly in the upper echelons (Ackroyd and Muzio, 2007; Law


Society, 2010a; Sommerlad et al, 2010). This case study makes no
claim of representativeness outside of TEF Law. However, the
sample is gender equal. Furthermore, the demographics of the firm
are more heterogeneous and diverse than Magic Circle firms.

25

DATA ANALYSIS
This case study aims to study how legal actors mobilise
justificatory regimes and analyses the narratives emerging out of
broader transformations to the workplace. TEF was chosen for this
case study in order to contextualise the on-going changes within
the legal profession, as Ronald pointed out: Theres been a lot of
changes to the legal profession in recent years, and I think our firm
particularly has been one of the firms involved in and influenced
heavily by those changes.

OVERALL STRATEGY
Several techniques were used to make sense of the justifications
that lawyers mobilise within their profession. Firstly, a discourse
analysis was conducted of several sources referred to in the
appendix. Secondly, two semi-structured telephone interviews and
a focus group were conducted, transcribed, and coded for emergent
themes and justificatory regimes. The transcribed data was
analysed to make sense of how lawyers mobilise justificatory
regimes within their grammar and practice. These strategies
provided rich content that contributed to my understanding of
prevalent regimes within TEF Law and how lawyers situate
themselves and their clients.

THE PREVELANCE OF JUSTIFICATORY REGIMES


In my analysis three justificatory regimes emerged within TEF Law:
The Market Order, The Projective Order, and to a lesser extent the
Industrial Order. The analysis highlighted considerable tension
between the projective and market orders; The desire for client

26

satisfaction, involvement in cases, and the search for justice were


identified

as

higher

common

principle

by

all

interview

participants and seen as under threat by a renewed emphasis on


profit-creation and competition by three of the four interview
participants.
Overall, the market justificatory regime emerged most frequently
in both the discourse and qualitative analysis, even though some
participants resisted this. Civic justificatory models tended to
underpin the discursive materials, although references were made
to other regimes. The lawyers situated their own realities between
the market and projective orders, which occasionally conflicted,
leading to compromises (B&T, 2006: 277-84). One participant,
Susan, was fully embodied within the projective justificatory
regime

and

her

work

reflected

projective

manifestations:

enthusiasm, adaptability, flexibility, vision, charisma, autonomy,


and a deep desire for the proliferation of connections (B&C, 2005a:
111-2).
Justificatory Regimes in Descending Order of Prevalence throughout all
sources
Regime

Codes and Markers


Wins, Competition, Consumer, Success, Money, The

Market

Client, Wealth, Productivity


Supervision (Coaching), Cases (Projects), Autonomy,
Communication Skills, Personal Experience,
Adaptability, High Mobility, Flexibility, Trust, Network

Projective

Expansion, Employability

Industrial

Targets, Efficiency, Quality, Reliability, Predictability

Civic

Equality, Legal Forms, Rules, Regulation, Community

Domestic

Hierarchy, Seniority, Trust, Honesty

Fame

Building a Reputation, Social Networks

Green (Environmental)12

Environmental Friendliness, Sustainability

The grammar of the Green Order not previously identified within the
literature was only mobilised in one source. A webpage on the TEF Law
Website entitled Environmental Policy.

12

27

Five themes emerged from the analysis: The dimension of


excitement within work, the knowledge and expertise of lawyers, a
desire to restore justice (by far the most prevalent theme, emerging
in every source), the lawyer-client relationship; and profit-creation
for the firm. Interestingly, although lawyers are generally viewed as
conservative and maintaining the status-quo (Friedman, 1989: 20),
this was untrue of my participants which will be demonstrated
later in the analysis. This could reflect a broader generalisation of
TEF

Laws

values

or

perhaps

of

workers

who

challenge

indignations day-to-day.

EXCITEMENT
Excitement was identified as one of three concrete expressions of
the spirit of capitalism (B&C, 2005b: 164). Excitement contributes
to the common good and mobilises workers by giving them
justifications, which allow them to flourish. When Susan was
asked why she decided to work in law she replied:
I wanted it [my career] to be intellectually challenging and I
wanted to do something that was exciting and that also pays
quite well Im dealing with quite exciting areas of law, and
its very challenging in all the right ways really.
She expressed with great enthusiasm her passion for law that went
beyond a paycheque; it was meaningful and authentic to her (B&C,
2005a: 76). Susan dismissed the notion that money was a
significant motivator emphasising repeatedly that you can make
more in other professions so you have to do it for the enjoyment
of the job and was completely immersed in her profession. She

28

ended the interview with saying that you love your job, is a bit
scary, but I really really enjoy my job, its a bit of a lifestyle and [I
get] all the excitement I want from that.
Jack also emphasised his excitement (ibid: 96), arguing that legal
work gave him a sense of fulfilment and enjoyment. Both responses
reveal how workers can mobilise excitement to generate subjective
meaning and justification, expressed throughout their work. This
provides both innovation and creativity within the workplace (B&C,
2005a: 166). All participants were dismissive of purely economical
or money-oriented motivations. Ronald acknowledged that massmedia outlets typically portray lawyers in Magic Circle firms who
earn a lot of money, giving lawyers an unfair representation, he
said you can earn decent money, but its not megabucks overall
what will keep you in the job is enthusiasm, passion and
motivation. The participants work fulfilled subjective criteria that
provided them with excitement and a sense of legitimacy,
characteristic of a projective order (ibid: 90-92).

LAWYERS KNOWLEDGE
Hunt and Wickham (1994: 121) advocate studying how legal
knowledge is produced institutionally to empower professionals.
The discourse analysis demonstrates that legal institutions both
regulators and TEF repeatedly emphasised the lawyers expertise.
Under the heading What Solicitors Do? the Law Society source
stated: Solicitors provide expert guidance on the issues people
regularly face, this was justified in greater detail in the practice
note, where supervisors were determined to possess a high level of
legal knowledge that they disseminate to trainees (Law Society
Practice Note).

29

The advertising flyer from TEF Law entitled TEF First For
Justice:

Why

Use

Our

Preferred

Law

Firm?

gave

several

justifications for clients to choose TEF over another legal provider.


The first justification was Expertise, noting that lawyers are
qualified by personal experience and are chosen for their expertise
in dealing with specific claims, further stating that lawyers have a
wide and in-depth expertise and experience in resolving matters.
This was also emphasised on several web pages, notably in Our
Values, Customer Care, and the Testimonials. Actors are therefore
qualified to work in the legal field through technical mastery, and
specialist knowledge (Bourdieu, 1986: 828).
The interview participants mobilised their knowledge as a source
of power at work, where what they say is valued (Foucault, 1986b:
131), providing a stronger sense of self-worth:
One of the elements of satisfaction is from feeling that
youre an expert in your field, more than that, you can advise
on something that they [the client] dont know about, so
theres a sense of satisfaction. (Ronald)
Legal knowledge provided participants with a sense of satisfaction
and enabled them to perform better by effectively concluding cases.
Rose

argued

that

legal

knowledge

gained

through

practice

(Bourdieu, 1990), made her better equipped to help clients by


understanding the complex terminology (Bourdieu, 1986: 829).
Jack concurred and stressed helping others:
Its not all about the money, its about helping people, who
are maybe not as knowledgeable, and dont have the
expertise on the subject, so you can pass on your knowledge
to help them.

30

All the participants view themselves as insiders in the profession


who effectively know how to operate within the juridical field
(Friedman, 1989: 17). The legal insider who helps others by
disseminating

highly

specialist

knowledge

to

laypersons

is

distinctive of the third spirit of capitalism (B&C, 2005a: 79).


Although both De Tocqueville (2000) and Weber (1978) identified
the expertise and specialist role of lawyers in the nineteenthcentury, the fact that both the participants and advertising
materials mobilise knowledge as an ideological justification in an
altruistic manner to help people as Jack and Rose emphasised
and resolve matters was only identified by Parsons (1954b).

MAKING MONEY FOR THE FIRM


Although law is not all about the money (Jack), the data analysis
indicated that profit-maximisation for the firm is highly valued. The
market justificatory regime (B&T, 2006: 193-202) is the most
prevalent within TEF Law followed closely by the projective
justificatory regime (B&C, 2005a: 107-28) and solicitors must hit
income targets, conclude cases successfully, and generate revenue.
When asked what qualities do you think are valued in the
profession? Ronald responded:
One of the things that I think is particularly valued in the
profession, which is not what I thought was the highest
value when I was at university, where I thought it was about
winning cases, achieving case outcomes, or trying to exploit
a novel area of law. As Ive worked in law Ive found out that
the main, main thing is to make money for the firm

31

Essentially you need a certain level of knowledge, but the


people who are most successful are the people who you see
and someone says this person has brought in this amount
of money for the firm this month, and they may not be the
most knowledgeable in that area, but their skills have
enabled them to bill effectively or conclude cases quickly
What Ive experienced whilst working here, is that there have
been some people who have fantastic knowledge of the law,
but theyve been pushed out because, although they have the
knowledge, they havent grasped the objective which is to
bring money in.
Although Ronald acknowledged the importance of knowledge, his
own professional experiences gave him a sense that the senior
partners value bringing money into TEF more highly. Both Jack
and Ronald agreed that lawyers who fail to create substantial
profits for TEF struggle in the profession because theyre not cost
effective. Therefore those least equipped to generate profit are
segmented and excluded (B&C, 2005a: 233-4).
Rose explained the business model [of TEF] is that you take on
a high number of cases and you conclude them quickly so that
youre making money for the company. The instrumental aim of
making money and maximising profit ensures the dominance of a
market order of worth (B&T, 2006: 195-6). The market regime
emphasises cost-effectiveness over civility, network-maximisation,
and tradition (B&C, 2005a: 129-32; B&T, 2006: 261-9). The spirit
of capitalism provides workers with justifications for profitmaximisation,

legitimated

by

higher

common

principle

(Hirschman, 1977); this is embodied quite bluntly in some of the


texts analysed. For example, the Law Society Practice note justifies
the

role

of

supervisors

because

32

they

improve

motivation,

efficiency, and profitability, all of which are reference values


derived from market-industrial forms of worth as shown in Table
Three.
Two pages of the TEF Law website focus primarily on
profitability. On the Business Partners page profitability is
qualified by offering companies Increased revenue streams that
ensure maximum income. The Our Values page also implicitly
references profitability, deriving values from market-industrial
forms of worth, with terms such as efficiency and productivity
(cf. B&T, 2006:159-63).
All the interview participants acknowledge that money partially
motivates them, although is not the primary driver for work. For
example, Susan claimed that if my job was poorly paid Im not
sure I could justify working like I do, and Ill probably have a look
at alternative careers. All of the participants, except Jack, receive
financial incentives for their work; these monetary rewards formed
a key component of their security (B&T, 2005b: 164). This might
indicate that work for British and French firms are structured
around different organisational models and regimes (ibid: 178-9).

SEEKING JUSTICE, FAIRNESS, AND HELPING OTHERS


By far the most prevalent theme the only one that emerged in
every data source was that lawyers wish to restore a sense of
justice by helping others. Both B&C and the interview participants
agree that law is a central form of justice in the projective world
(2005a: 519). The participants claimed to fight inequality, help
those discriminated against, seek fairness, bring about justice,
right wrongs, and mobilise critique as a source for social change.
Their costly labour is justified as it produces fairness, coherent
with their own values of justice (Sarat and Felstiner, 1989: 1683-4;

33

B&C, 2005b: 164), which helps denounce exploitation and promote


social change.
Bourdieu argues that legal professionals use juridical power to
discover individuals rights and fight injustice (1986: 833), which is
reflected in The Law Society booklet, emphasising that a solicitors
role is to protect the rights of individuals ensuring they are
treated fairly by public and private bodies, and that they receive
compensation when they have been unfairly treated. The words
fairness

and

justice

appeared

over

one

hundred

times

throughout all the textual sources, semantically they were the


most common terms used by two of the four interview participants.
This dimension of fairness cuts through all the data analysed.
The SRA Code of Conduct begins with ten mandatory principles
expected of all lawyers. The first, fundamental principle is that
lawyers

must

uphold

the

rule

of

law

and

the

proper

administration of justice, it further states that solicitors must


treat clients fairly in a manner which protects their interests in
their matter, subject to the proper administration of justice (SRA
Code of Conduct). Law is an instrument to deliver justice
something embedded within the grammar of regulatory institutions
(Horrigan, 2003: 19-20) which explains why the participants use
the term justice often. However, the grammar they subjectively
mobilise justice as central to the meaning of their vocation that
justifies their work to a higher common principle is sociologically
significant. Jack repeatedly emphasised how law is a means of
justice, which was the main reason he entered the profession, so
he could help others:
Interviewer: What motivated you to seek a career in the legal
sector in the first place?

34

Jack: I found law is a way of helping people and bringing


justice wherever someone is being unjust when I first
started law I studied criminal law and criminal justice.
Getting justice for people whove done wrong and making
sure justice is served. I suppose that the more Ive learnt
about the law, the more I learnt about how justice is really
about helping people Law is where you can help people in
different ways.
Later he articulated how he sees work as a way of making a change
in peoples lives and the world:
Its about making a change, I suppose if you help an
employee who is going to get sometimes the value of the
claims awarded to them, like over 10 grand, so I guess you
make a change to their life, because they get this money
which could help them for a while
I see it [law] as my way of making a change. One person
cant change the world, but everyone together can help
restore justice and make a bit of change, by helping out bit
by bit.
This strong sense of justice as promoting change clearly influenced
Jacks worldview and sense of himself within the profession. In
order to maximise workers labour potential, the spirit of capitalism
must incorporate a moral dimension (B&C, 2005a: 486), where
workers justify their own involvement. Whereas workers in the first
spirit of capitalism invoked a moral-religious dimension to justify
their labour (Weber, 2002), Jack invoked a moral-legal dimension
to justify his own continued involvement in the accumulation of
capital. This dimension makes his work morally acceptable

35

towards both the common good (B&C, 2005b: 173) and to himself
as a solution to the sources of indignation he opposes.
Susan also views her work as a way to fight injustice and
address everyday sources of indignation she sees, especially
discrimination within employment:
Interviewer: Are there any particular areas of law that you
specifically work in?
Susan: Yeah, so employment law is 99% of my practice and
I absolutely thoroughly love it; particularly I have an
interest in discrimination.
Interviewer: Is there any reason why youre particularly
interested in discrimination?
Susan: Im not really sure how it evolved, but since I was a
kid

Ive

absolutely

despised

people

treating

anybody

unequally and unfairly and I really really feel very strongly


about discrimination particularly, well across the board, but
particularly I get very irritated about racial and religious
discrimination because that seems to me the most prevalent
type of discrimination. So I don't know why I have just
always been very like that since I was a child, so I obviously
took quite a lot of interest in discrimination law, and it falls
under the head of employment, so I have managed to
specialise in that particular area.
Susan referred to the grammar of the civic common good (B&T,
2006: 185-192), which clarified her sense of justice and provided
her with coherent principles that motivated her work (B&T, 1999:
366-7). Some characteristics devalued by the civic polity include:

36

social divisions and inequalities, which Susan addressed by giving


her clients a voice in her legal practice:
Justice sometimes doesn't mean that they win, it means
that they have their case heard fairly. So its about giving the
client the mouthpiece and practicality to do themselves
justice in the hearing, because without legal representation
its exceptionally difficult for people to articulate themselves;
particularly in areas like discrimination because it's actually
very complicated.
Essentially, Susan used her knowledge of the legal system and own
oral advocacy skills to give her clients a mouthpiece, so they
would articulate themselves indirectly and have their case heard
fairly. By invoking a notion of fairness in her labour she reconciles
the notion that her own capital accumulation contributes towards
the common good (B&T, 2005b: 164). Legal work is oriented
towards

upholding

everyones

collective

interests,

the

SRA

Handbook explicitly states that discrimination and division is


devalued and that lawyers must encourage equality in their
professional lives. This is further invoked ideologically in several
places on the TEF Law Website: On the Employment Web Page,
emphasis is placed on invoking a sense of fairness, encouraging
potential clients to contact TEF as soon as possible to right any
wrongs

and

restore

justice.

This

is

followed

by

several

testimonials from clients who have been given a mouthpiece,


including the following:
Once again thank you for handling my case and achieving a
successful outcome. At least I now feel as if some small
justice has been granted. I wish you all the best in the
future. (Testimonials Page, TEF Law Website)

37

The website is one way that TEF transmits its ideology and beliefs
to the public. By presenting statements in terms of justice being
granted as opposed to saying our client won 10,000 they
distance themselves from monetary compensation and the market
order of worth and situate themselves as defenders of the civic
common good (B&T, 2006: 260).
Rose invoked this civic common good during her interview. When
asked indirectly whether she situated her own reality within a
market regime or civic regime (ibid), she articulated a grammar of
the common good that mobilised the civic order of worth:
Interviewer: Do you get a sense of satisfaction in knowing
that you helped the client if they win their case, or is it more a
sense of competitiveness the fact that youre winning?
Rose:

I think it depends on the individual case. In some

cases youre representing an employee and theyve been


treated really badly, which means theyre classed as a
vulnerable client and youre able to get them a good
settlement, then you feel a sense of justice has been done for
them because theyve been very badly discriminated against.
That feels nice for that reason.
For Rose, satisfaction is achieved by challenging discrimination,
which is qualified through equality. All the interview participants
expressed varying degrees of solidarity with their respective clients,
and they felt that they were able to effectively mobilise a grammar
of the common good to seek justice in their everyday working lives.
This is reflected in the firms ideology throughout their website, as
well as broadly within the profession itself through the SRA
Handbook and Practice Note.

38

Although Larson (2013) is sceptical of Parsons (1954b) notion


that legal professionals act altruistically in accordance with ethical
procedures, this analysis reveals that Parsons claims have some
grounds of legitimacy. Furthermore, the participants inject moral
dimensions towards themselves and towards a common good.
Susan and Jack see their advocacy as a form of social critique
(Chiapello, 2013: 65) where underlying indignations poverty,
inequalities, exploitation, and workers values are addressed
through pragmatic action (ibid: 68). The exploitation of the
workplace is seen as alienating to some clients (ibid: 66) and can
lead to their exclusion from the workplace (B&C, 2005a: 361).
However, legal work addresses this by effectively mobilising
projective logics and reviving social critique, which provided all the
participants with coherent principles of justice to uphold (ibid:
346).

THE CLIENT RELATIONSHIP AND SERVICE


Parsons (1954b) and Bourdieu (1986: 819) argue that law has a
perceived social function of servicing the client whilst maintaining
pre-existing norms. They both argue that the primary interest of
the legal professional is to provide a service oriented around trust
and efficiency as opposed to profit13. Throughout the texts and the
interviews, there was a strong emphasis on the client. Table Three
of the appendix indicates that the client is one of the subjects of
the market justificatory regime. The SRA Code of Conduct begins
by setting out requirements for lawyers to consider the best
Bourdieu (1986) goes further and argues that legal professionals are also
guided by specific, personal interests in their professional conduct, this
generates capital within the juridical field, whereby ordinary problems are
transformed into legal problems. However testing Bourdieus theories goes
beyond the scope of this current analysis. More pertinently, his comments on
the client-professional relationship seem to accurately reflect the outward
culture of TEF, in line with Boltanski and Chiapellos comments.

13

39

outcomes for clients. Furthermore, three of the ten mandatory


principles are focused on the client: the solicitor must act in the
best interests of each client, provide a proper standard of service
to clients, and protect client money and assets. (SRA Code of
Conduct)
All six chapters analysed in the SRA Code of Conduct related to
the conduct of solicitors with clients, focusing on providing proper
standard of service that ensures clients are treated fairly with
openness and transparency. The code itself was a direct
manifestation from the civic justificatory regime, yet it referred to
values from the domestic and market regimes occasionally through
grammar such as trust and honesty.
The emphasis on client care was exhibited on the TEF
Advertising leaflet; there were numerous images and quotations of
clients who were pleased with the service provided, with similar
values to the SRA Handbook being echoed on the flyer. However,
the Industrial justificatory regime was also mobilised by using
various figures, statistics, and numbers. For example, our
preferred

solicitors

settled

claims

42%

faster

than

our

policyholders favoured solicitors, further stating that TEF would


ensure a high-quality service. (TEF Advertising Flyer)
The values of openness and transparency were also embedded
within TEFs practice and ideology. They strongly emphasise the
importance of customer care and aim to set themselves apart
from traditional firms, who they contrast themselves against on
the About Us and Customer Care web pages. The prominence of
TEFs Customer Care page itself demonstrates their commitment
to client care, as they value their commitment and make pledges to
Always be polite and courteous as there is never an excuse for
rudeness

or

an

unprofessional

approach,

amongst

other

deferential claims (Goffman, 1967: 60) that espouse a Domestic


Justificatory Regime.

40

The interview participants also valued the client relationship.


Jack claimed that he was emotionally invested in clients and
often checks up on them, arguing that client service is highly
valued within the profession and he aims to provide a better
service to clients, reduce complaints, and hit customer [service]
targets. This indicates that the general interests of service are
valued within TEF (Parsons, 1954b; Bourdieu, 1986; B&C, 2005a:
133-5).

41

CONCLUDING REMARKS
TEF Law can be seen as a complex organisation entangled by
intense

compromises

between

the

market

and

projective

justificatory regimes that mobilise workers (B&T, 2006: 9). It is


beyond the scope of this case study to unravel and deconstruct all
the agreements, compromises, and tensions that form the rules
and regulations of the firm that mobilise action. However, the
analysis shows that the firm may be seen as what Thevenot (2001)
describes as a compromising machine. In order to operate
effectively, different orders of worth must be mobilised by
employees depending on the situation. All the participants
besides Susan mentioned situations where they felt that the need
to maximise TEFs profit and close cases came into conflict with
their own values of justice, client-service, or fairness. This analysis
indicates that the market regime is the most prevalent because it
motivates

action

through:

financial

rewards

incentivising

performances by closing cases, career rewards client retention


and becoming more well known for making money for the firm; and
high evaluation associated with monetary reward (Lamont, 2012:
211).
Since TEF became an ABS references to projective logics are
becoming more frequent, often in opposition to market logics. The
participants grammar is characteristic of those in professional
occupations where knowledge is power, giving them leverage over
others (Foucault, 1986b). Justificatory regimes provide lawyers
with a grammar to counter opposing logics and motivate them by
immersing lawyers within cases (B&T, 2006). Both market and
projective ideologies legitimate a spirit of capitalism within the firm
where lawyers mobilise a sense of justice to confront indignation,
simultaneously giving them the resources to maximise the firms

42

profit through capital accumulation. These common justifications


keep the participants engaged in their work as they internalise a
spirit compatible with values of autonomy, fairness, excitement,
security, and adaptability (B&C, 2005a: 21, 2005b: 164).
The compromise between market and projective orders is
consolidated by a common justification depending on the situation
(Jagd, 2011: 347). The universality of individual positions is
qualified through consistent logics, the compromise between
market and projective logics is relatively stable as it co-ordinates
action by appealing to a common good where actors can
reconstruct uncertainty (Lamont, 2012: 208). Besides monetary
reward this case study identified five justifications that provide
TEFs

lawyers

employment

with

law:

argumentative

excitement,

resources

expertise,

to

justice,

work
the

in

client

relationship, and profit-creation for the firm. These justifications


encapsulate the essence of what makes employment law at TEF an
attractive vocation and they converge on either market or projective
principles. The participants generally identified money as the
qualifier of equivalence, as individuals are evaluated based on how
much profit they make for TEF as opposed to knowledge or loyalty
(B&T, 1999: 361-5).
Work at TEF is increasingly being organised around cases that
are expressions of projective logics (B&C, 2005a: 136), seen as
exciting and personally fulfilling by workers (ibid: 96). However, the
market order is more dominant in TEF as B&C suspected of British
institutions (2005b: 178). The vocation of seeking justice must be
morally oriented towards a common good that is seen as
acceptable (ibid: 173). Therefore, lawyers incorporate social critique
directed at the specific interests and indignations such as
exploitation they oppose in the search for justice (Bourdieu,
1986: 834; Chiapello, 2013: 66). The projective order provides
principles of justice that allow lawyers to denounce exploitation

43

(B&C, 2005a: 346), yet the workers of TEF must still contend
against the principles of the market order that create workplace
contradictions and tensions.
This single snapshot case study aimed to introduce FP to the
study of the legal profession and provide an overview of a specific
department. However, there are interesting avenues open for future
research that sociologists can build upon and develop further:
Firstly, the validity of the findings can be tested through repeated
analysis of other Employment Law firms and departments in
Southwest England and might indicate a larger trend in the wake
of solicitors firms becoming ABSs. Secondly, the plurality of
justificatory regimes in different organisations provides a novel way
of encapsulating the rationales of workers towards particular
vocations (Jagd, 2011). Thirdly, FP offers a general overview of the
tensions and compromises that exist within organisations
especially the legal profession, which is oriented towards justice
and the agreements that promote concrete action within a
professional environment. If sociological thought has a role to play
within the workplace, then future case studies will benefit by
introducing FP into their theoretical framework to come up with
novel findings that explain the diversity of meanings, motivations,
and justifications within these complex institutions.

44

APPENDIX
TABLE 1: TABLE OF INTERVIEW PARTICIPANTS
(ordered Alphabetically)
Name

Age

Gender

Jack

22

Male

Ronald

28

Male

Rose

31

Female

Susan

30

Female

Job
Employment
Litigation
Assistant
Employment
Litigator
Employment
Litigator
Tenant
Barrister

Status

University
Degree

Time
Working at
Current Job

Temp

Law

1 Year

Law

3.5 Years

Criminology

3 Years

History

8 Years

Non-Qualified
Fee Earner
Non-Qualified
Fee Earner
Self-Employed

TABLE 2: LIST OF DATA SOURCES FOR DISCOURSE ANALYSIS


The SRA Code of Conduct (2011), Introduction and Chapters One
to Six:
http://www.sra.org.uk/solicitors/handbook/code/part5/content.p
age
The Law Society Guide, Becoming a Solicitor (2014):
http://www.lawsociety.org.uk/careers/becoming-a-solicitor/
The Law Society, Supervision Practice Note (2011):
http://www.lawsociety.org.uk/advice/practice-notes/supervision/
TEF Advertising Leaflet: TEF First for Justice (2013)
TEF Law Website (2014):
About Us Page (2014)
Environmental Policy Page (2014)
Our Values Page (2014)
TEF Law in the Community Page (2014)
Employment Page (2014)
Customer Care Page (2014)
Business Partners Page (2014)
Testimonials Page (2014)

45

TABLE 3: ORDER OF WORTH FRAMEWORK


Industrial
Order

Market
Order

Higher
Common
Principle

The efficiency
and
productivity
of systems to
highly
predictable
standards

The desire to
possess the
same goods
and
competition
of the
marketplace

The
outpouring of
inspiration

Engenderment
according to
tradition

Reference
Values

Efficiency,
Science,
Production of
Material Goods

Competition,
Rivalry

Inspiration,
Creation,
Imagination,
Inner Self,
Creativity,
Artistic Self

Worth (What
is measured)

Price

Productivity,
Efficiency

Relation/
Qualification

Functional
link/
Professional
competency,
expertise,
control

Exchange
and
Possession of
Valuable
objects/
Desire,
Purchasing
Power

State of
Worthiness/
Manifestation
s and
Characteristic
s Valued

Devalued
Characteristic
s

Efficient/
Performance,
Reliability,
Functionality,
Scientific
Validity,
Measurability

Unproductive,
Inefficient

Desirability/
Exchange
Value, The
"wins", Good
being valued
as "sellable"

Defeat,
Undesirabilit
y, UnCompetitiven
ess

Inspired
Order

Domestic
Order

Civic Order

Order of
Fame

Projective
Order
Involvemen
t in
activities
that
generates
projects
and the
expansion
of networks
Activities,
Projects,
Network
Expansion,
Proliferatio
n of
connection
s

The preeminence of
collectives and
civic duty

The reality
of public
opinion

Tradition,
Family,
Hierarchy,
Generation

Community,
Democracy,
Associations

Reputation,
Fame,
Public
Esteem,
Visibility,
Success

Grace,
nonconformity,
creativeness,
intuition

Esteem,
Reputation

Collective
Interest

Renown,
Fame

Activity,
Projects

Passion and
Uniqueness/
Creativity,
Ingenuity,
Genius,
Independence

Truth,
Respect, and
Responsibility/
Authority,
Subordination,
Respectability,
Honour,
Shame

Solidarity,
Relation of
Delegation/
Equality,
Representation
, Membership,
Expression

Recognition
/ Celebrity,
Identificati
on,
Strength

Personal
Experience,
Talent,
Communic
ation Skills

Fame/
Visibility,
Fashion,
Being
Noticed,
Being
Successful

The need to
connect/
Enthusias
m,
Involved,
Adaptable,
Flexibility,
Connection
to others,
Autonomy,
Employabil
ity,
Engaging,
Vision,
Charisma

Banality,
Indifference
,
Misunderst
ood,
Obsolesce

Unemployabili
ty,
Stiffness,
Lack of
Flexibility,
Immobility,
Safety,
Authority,
Not
inspiring
confidence,
Immobile,
Rooted,
Rigid,
Fixed

Inexpressible
and Ethereal/
Bizarre,
Unusual,
Unspeakable,
Enriching,
Fascinating,
Passion,
Wonderful,
Spontaneity,
Emotion

The Usual,
Trapping,
Realism

46

Hierarchical
Superiority/
Benevolence,
Propriety,
Wisdom,
Discretion,
Trust,
Distinguished,
Discretion,
Loyalty,
Faithfulness

Rudeness,
Vulgarity,
Treachery,
Novelty

Rule governed
and
representative
/ Solidarity,
Equity,
Freedom,
Unitary,
Representative
ness, Free,
Authorised

Division,
Individualism,
Arbitrariness,
Illegality

Subjects

Model/
Objects

The Expert,
The
Professional
Operator,
Specialist

Scientific
Proof/
Scientific Test,
Embodiment,
Tools,
Methods,
Criteria,
Figures,
Graphs

The
Businessma
n, The
Salesman,
Buyers and
Sellers, The
client,
Independent
Worker

Accumulatio
n of Wealth/
Luxury
items, The
Market, The
conclusion of
a sale,
Opportunism
, Competitive
Relationship
s

Artists, I,
Children,
Spirits, Crazy,
Genius,
Illuminated,
Creativity
Consultant

The Waking
Dream/
Creating from
a blank sheet,
Inner
Adventure,
Mind
Wandering

The Father,
The King, The
Boss, The
"Old", Family,
Leaders,
Bosses

The Rules of
Etiquette/
Family
Ceremonies,
Receptions,
Gifts, Houses,
Titles, Estates,
Good Manners,
Deference

The Party, The


Elected,
Representative
s, Delegates,
The Elected
Official

Legal Forms/
Rights,
Legislation,
Code,
Criterion,
Slogan,
Headquarters,
Procedure,
Order,
Broacher,
Measure,
Election, The
Event

The Star,
The
Communic
ations
officer, The
People,
Journalists
, Stars,
Opinion
Leader, PR
Agent

Coach,
Mediator,
Project
Leader,
Innovator,
Project
Head,
Expert,
Customer,
Supplier

Being
Recognised
and
Identified/
The eyes of
others
about an
event,
Press
Releases,
Booklets,
Brand,
Message,
Atmospher
e, Setting

Transition
and
succession
from one
project to
another/
New
technologie
s, informal
relations,
Relations
of trust,
Partnershi
p,
Agreements
,
Subcontrac
ting,
Projects

Table adapted from Boltanski and Thevenot (2006: 159-212), and


Boltanski and Chiapello (2005a: 107-28).

47

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