Relations between the Judges and the Lawyers in the period of dualism

Abstract

This paper uses the social closure theory and the professionalization paradigm from the social sciences to describe the conflictual relationship between the judge profession and lawyer bar. During the period of the dualism, the two most important legal professions started to flourish within the framework of the modern constitutional state, however, the legal framework established by the state actors created not only a modern system of functioning but also an environment conducive to hostility. As this conflict could arise in both professional and social contexts, it is necessary to distinguish between the two types of relationship, and therefore this paper will limit itself to an examination of the quality of the professional relationship. Through two important aspects of the professionalization, the efforts to establish professional associations and the system of qualifications, the paper will draw attention to the aims with which lawyers formulated their professional demands and the extent to which the interests of judges differed from those of lawyers. Overall, the impressive conflict between the two professions is intended to represent the forms that the practice of social exclusion might have taken in the competition between the two most important classical professions in the second half of the 19^th century.