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SOCI30050, Dissertation
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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
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
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
of
action
arising
out
of
critical
disputes
and
make
associations
that
are
supported
by
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.
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.
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),
10
needs
spirit
to
justify
the
constant
infinite
11
excitement (personal
liberation,
authenticity,
and
12
newer
organisational
structures
based
on
networks
with
properties
of
individuality,
meaning
and
(ibid:
90-92).
Concurrently
the
boundaries
of
13
testing
is
needed
outside
France
to
determine
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
Therapy
(OMT)
Finnish
Drug
Dependency
15
regimes
and
processes
actively
transform
the
16
profession,
but
only
when
Parsons
(1954a;
1954b)
knowledge
and
expertise
is
common
theme,
17
18
increased
exponentially
as
firms
diversified
business
on
workplace
justifications,
motivations,
or
lived
experiences.
A distinctive characteristic of the legal profession crossnationally
is
that
justice
promotion
is
highly
valued
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
17)
believes
that
lawyers
are
not
only
needed
as
and
Lettice
(2008:
645-50)
examined
the
20
themes
of
inequality
and
segregation,
whereas
lawyers
agency
and
use
FP
as
its
theoretical
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
10
22
The
analysis
conventions
and
practices
identified
that
were
implicit
used
to
categories,
reconstruct
Single
Snapshot
Theory-Testing
Local
Exploratory
Figure 1: The Design Path of my Case Study, based on Thomas's (2011: 518) Typology.
23
knowledge
empowers
legal
professionals
through
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
propositions
within
specific
temporal
and
domain
of
white,
Oxbridge-educated,
affluent
males,
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.
26
as
higher
common
principle
by
all
interview
and
her
work
reflected
projective
manifestations:
Market
Projective
Expansion, Employability
Industrial
Civic
Domestic
Fame
Green (Environmental)12
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
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
argued
that
legal
knowledge
gained
through
practice
30
highly
specialist
knowledge
to
laypersons
is
31
legitimated
by
higher
common
principle
role
of
supervisors
because
32
they
improve
motivation,
33
and
justice
appeared
over
one
hundred
times
must
uphold
the
rule
of
law
and
the
proper
34
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
36
upholding
everyones
collective
interests,
the
SRA
and
restore
justice.
This
is
followed
by
several
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:
38
13
39
solicitors
settled
claims
42%
faster
than
our
or
an
unprofessional
approach,
amongst
other
40
41
CONCLUDING REMARKS
TEF Law can be seen as a complex organisation entangled by
intense
compromises
between
the
market
and
projective
action
through:
financial
rewards
incentivising
42
lawyers
employment
with
law:
argumentative
excitement,
resources
expertise,
to
justice,
work
the
in
client
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
45
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
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
47
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