Globalisation of Commodification: Legal Process Outsourcing and Indian Lawyers

Legal process outsourcing (LPO) refers to the contracting of legal work from regions where it is costly to perform, such as the US to areas where it can be performed at a significantly decreased cost. LPO has been made possible by the disaggregation of the legal processes into discrete units, each of which can then outsourced to cheaper service providers. Anecdotal evidence suggests a variety of benefits such as financial gains, opportunities to perform “global” work in a corporate atmosphere and acquisition of important skills and training that enhances the prestige of the host country lawyers. In India, which has played a significant role, LPO firms are viewed as important catalysts in the transformation of the country’s highly stratified legal profession based on social identities. This qualitative study, based on 38 interviews, concludes that the corporate culture was an attractive proposition for lawyers from non-elite backgrounds; however, the commodification of offshored work led to a deprofessionalisation of lawyers, reducing them to “glorified clerks.” As a result, LPO firms only provided parallel avenues for career mobility but did not destabilise the local legal market which at its core remains socially networked.     

Can the market help the forum? Negotiating the commercialization of deliberative democracy

Deliberative ideals have become commercial goods bought and sold in an expanding consultancy market. In this market, demand is generated by government and advocacy groups seeking innovative ways to engage with the public. On the supply side are a growing number of commercial organizations selling deliberative goods and services such as process design, facilitation and evaluation. This paper characterizes the nature of this deliberative market, and considers its implications for democracy and contemporary governance. An analysis of deliberative consultants finds that their professional world is more akin to a ‘community of practice’ rather than a marketplace. But the development of this community of deliberative practitioners could go in opposing directions. On the one hand consultants could become the entrepreneurs of deliberative democracy, promoting and demonstrating its benefits for policy making. On the other hand, if the motivations for deepening democracy are fully replaced by business imperatives and competition, then the deliberative project would be severely undermined. Rather than predict the future, the paper identifies some of the opportunities and challenges for democratic governance as elements of deliberative democracy are commodified.

Guessing in the Gaps

The genesis of this conversation was the forthcoming new Penguin edition - under the general editorship of Adam Phillips - of the works of Freud. Mark and Phillips consider the concept of a 'literary' Freud alongside the 'scientific'or 'clinical' Freud, and discuss the related issues of translation, representation and interpretation, particularly as they bear on psychoanalytic writing. Adam Phillips's relationship to the institutions of psychoanalysis is considered, and the perpetuation of these institutions through the training of psychoanalysts and psychotherapists. Also discussed is the project of psychoanalysis: the nature of psychoanalysis as a therapy as well as a body of ideas. Mark and Phillips make reference to the work of Freud, Lacan, Klein, Winnicott and Laplanche, and to concepts such as the 'enigmatic signifier' and 'transgenerational haunting'.