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在律师的社会作用逐渐被认可的今日,对律师职业的研究做一个系统的跨学科学术梳理十分重要。已有关于律师的研究主要集中于社会学、法学、经济学以及史学界。在职业社会学的传统中,存在结构功能学派、市场垄断论、生态理论和后现代主义四个学术流派。在法学理论中,传统法学和反思性法学主要围绕法的确定性、自治性等问题来展开研究,并注重职业伦理的可操作性研究。中国的律师职业研究,主要分为法理学阵营和诉讼法学阵营。两者都是一种假设法律形式主义能够成立的学术思路,并始终在关注中国法治建设的前提下研究律师职业。以刘思达为代表的芝加哥学派的律师职业研究,极大地推进了相关的研究水平。但是既有的研究,往往局限于单维、单方向的思路,在一种整合国家、社会、市场与职业关系的结构性平衡阐释方面显得不足。
Nowadays, when the lawyer’s social function is gradually recognized, it is very important to do a systematic and interdisciplinary academic research on the lawyer’s profession. Research on lawyers has focused on sociology, law, economics and history. In the tradition of professional sociology, there are four academic schools of structural functionalism, market monopoly, ecological theory and postmodernism. In the legal theory, traditional jurisprudence and reflective law mainly focus on the certainty of law, autonomy and other issues to carry out research, and pay attention to the operational ethics research. Chinese lawyer career research, mainly divided into jurisprudence camp and litigation law camp. Both are academic ideas that assume legal formalism can be established and have always studied the profession of lawyers with a focus on the construction of the rule of law in China. The professional study of lawyers in the Chicago School, represented by Liu Shida, greatly advanced the level of relevant research. However, the existing research, often confined to the one-dimensional and one-way thinking, appears inadequate in terms of structurally balanced explanations of the relations among the state, society, markets and occupations.