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Rethinking “Professionalism”: Taking The Professions in Early Modern England Seriously

Published online by Cambridge University Press:  18 July 2014

W. Wesley Pue
Affiliation:
Department of Law, Carleton University

Abstract

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Type
Review Articles/Notes Critiques
Copyright
Copyright © Canadian Law and Society Association 1989

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References

Notes

1. O'Day, Rosemary, “The Anatomy of a Profession: The Clergy of the Church of England,” in Prest, Wilfrid (ed.), The Professions in Early Modern England (London: Croom Helm, 1987), 58Google Scholar.

2. Ibid., 25-63.

3. Prest, Wilfrid, “Lawyers,” in Prest, (ed.), The Professions in Early Modern England, 6489Google Scholar.

4. Pelling, Margaret, “Medical Practice in Early Modern England: Trade or Profession?” in Prest, (ed.), The Professions in Early Modern England, 90128Google Scholar.

5. Cressy, David, “A Drudgery of Schoolmasters: The Teaching Profession in Elizabethan and Stuart England,” in Prest, (ed.), The Professions in Early Modern England, 129153Google Scholar.

6. Hainsworth, D.R., “The Estate Steward,” in Prest, (ed.), The Professions in Early Modern England, 154180Google Scholar.

7. Roy, Ian, “The Profession of Arms,” in Prest, (ed.), The Professions in Early Modern England, 181219Google Scholar.

8. See, especially Larson, Magali Sarfatti, The Rise of Professionalism: A Sociological Analysis (Berkeley: University of California Press, 1977)Google Scholar.

9. Prest, Wilfrid, “Introduction: The Professions and Society in Early Modern England,” in Prest, (ed.), The Professions in Early Modern England, 4Google Scholar.

10. Ibid., 8.

11. Carr-Saunders, A.M. and Wilson, P.A., The Professions (London: Frank Cass Co., 1964) (originally published 1933)Google Scholar.

12. Elliott, P., Sociology of the Professions: The Recruitment of Professional Elites (London: MacMillan, 1972)CrossRefGoogle Scholar.

13. Gerstl, J. and Jacobs, G., Professions for the People: The Politics of Skill (New York: Schenkman: Wiley, 1976)Google Scholar.

14. Larson, , The Rise of ProfessionalismGoogle Scholar.

15. Reader, W.J., Professional Men: The Rise of the Professional Classes in Nineteenth Century England (New York: Basic Books, 1966)Google Scholar.

16. Perkin, H., Professionalism, Property and English Society Since 1880 (Reading: University of Reading, 1981)Google Scholar.

17. Prest, “Introduction,” 19.

18. Thus, for example, it is pointed out that it was primarily local craft guilds rather than national associations which exercised powers of regulation and monopoly over numerous callings and trades in the period. Most proto-types of modern professions “lacked any kind of formal institutional structure.” (ibid., 14) Again, we are told that most “professions did not require full-time working commitment,” (15) and that early modern professionals typically enjoyed less authority in their client relations than is now the case (16).

19. Ibid., 17. Elsewhere, Prest outlines his conception of modern professions in some-what different terms: “middle-class or relatively high-status employments which seek to monopolise the provision of certain services based on the presumed mastery of a body of esoteric knowledge …” (14).

20. Ibid.

21. See, for example, his provocative and thoughtful article “Why the History of the Professions Is Not Written,” in Rubin, G.R. and Sugarman, David (eds.), Law, Economy, and Society: Essays in the History of English Law, 1750–1914 (Abingdon: Professional Books, 1984)Google Scholar; his crucially important book, The Rise of the Barristers: A Social History of the English Bar 1590–1640 (Oxford: Clarendon Press, 1986)Google Scholar; and a previous collection of essays under his editorship, Lawyers in Early Modern Europe and America (London: Croom Helm, 1981)Google Scholar.

22. O'Day, Rosemary, “The Anatomy of a Profession: The Clergy of the Church of England,” in Prest, (ed.), The Professions in Early Modern England, 25Google Scholar.

23. Ibid., 26.

24. Prest, , The Professions in Early Modern England, 13Google Scholar.

25. See, for example, her discussion of the engineering “profession” in Larson, M.S., The Rise of Professionalism, 27Google Scholar.

26. Jamous, Haroun and Peloille, B., “Changes in the French University-Hospital System,” in Jackson, J.A. (ed.), Professions and Professionalization (Cambridge: Cambridge University Press, 1970), 113Google Scholar, as quoted in Larson, M.S., The Rise of Professionalism, 41Google Scholar.

27. Thus in 1891, a U.S.A. plumber argued:

Plumbing is no longer merely a trade. Its importance and value in relation to health, and its requirements regarding scientific knowledge, have elevated it to a profession. It is clothed with the responsibility of the learned professions and the dignity of the sciences. The high qualities of mechanical skills are combined with the best of the sciences of the most practical utility. It unites skilled labor and high educational qualifications in one. This being the nature of plumbing today, it becomes the duty of the plumber to maintain in every way the dignity of his calling. It should be his special care to have the profession as free as possible from the deleterious effects of the incompetent and unscrupulous.

Quoted in Bledstein, Burton, The Culture of Professionalism: The Middle Class and the Development of Higher Education in America (New York: W.W. Norton and Co., 1978)Google Scholar, citing as source Rosenkrantz, Barbara Gutmann, “Cart Before Horse: Theory, Practice and Professional Image in American Public Health, 1870–1920,” Journal of the History of Medicine and Allied Sciences 29 (1974), 60Google Scholar.

28. See Pelling, “Medical Practice in Early Modern England,” 101.

29. Prest, “Lawyers,” 69.

30. Ibid., 72.

31. With regard to lawyers, Prest observes, ibid., 72 that “these functionaries were not held to be lawyers merely because they occupied such posts, even though some of these offices were frequently found to be in the hands of professed lawyers. While certainly ragged around the edges, the early modern legal profession was not totally inchoate.”

32. Pelling, “Medical Practice in Early Modern England,” 102-103. A dismal perspective on the life of law-writers is provided by Dickens, Charles, Bleak House (New York: Bantam Classics, 1985)Google Scholar.

33. See O'Day, Rosemary, “The Clergy of the Church of England,” in Prest, (ed.), The Professions in Early Modern England, 33, 28–33, 4243Google Scholar.

34. Ibid., 34.

35. Ibid., 57.

36. Cressy, “A Drudgery of Schoolmasters,” 138-139.

37. Roy, “The Profession of Arms,” 195.

38. Ibid., 181-219. “The claims of birth and wealth, allied to political loyalty, were strongly reasserted at the restoration.…” 198.

39. O'Day, “The Clergy of the Church of England,” 44.

40. Cressy, “A Drudgery of Schoolmasters,” 137.

41. Prest, “Lawyers,” 67.

42. Ibid., 76.

43. Ibid., 81.

44. Ibid., 80.

45. Ibid., 75.

46. Hay, Doug, “Contempt by Scandalizing the Court: A Political History of the First Hundred Years,” Osgoode Hall Law Journal 25(2) (1987), 431484Google Scholar.

47. See, for example, Pue, W. Wesley, “Exorcising Professional Demons: Charles Rann Kennedy and the Transition to the Modern Bar,” Law and History Review 5 (1987), 135174CrossRefGoogle Scholar; Pue, W. Wesley, “Rebels at the Bar: English Barristers and the County Courts in the 1850's,” Anglo-American Law Review 16 (1987), 303352CrossRefGoogle Scholar; W. Wesley Pue, “Moral Panic at the English Bar: The Crisis of the 1860's,” paper presented at the Canadian Law and Society Association Conference, Windsor, Ontario, June 1988. cf. Auerbach, Jerold S., Unequal Justice: Lawyers and Social Change in Modern America (New York: Oxford University Press, 1976)Google Scholar.

48. Pelling, “Medical Practice in Early Modern England,” 91.

49. In traditional jurisprudence, some scholars have been drawn to speak of “law-jobs” broadly speaking rather than attempting more precise (and artificial?) conceptualizations of “law.” See Llewellyn, K.N., “The Normative, the Legal and the Law-Jobs: The Problem of Juristic Method,” Yale Law Journal 49 (1940), 13551400CrossRefGoogle Scholar. To similar effect, see Summers, Robert S., “The Technique Element in Law,” California Law Review 59 (1971)CrossRefGoogle Scholar.

50. Pelling, “Medical Practice in Early Modern England,” 92.

51. Ibid., 94.

52. Ibid., 99.