When Duty Meets Discretion: EDI, Legal Culture, and Institutional Reflection
- CHAMBERS
- May 29
- 1 min read
The Bar Standards Board’s recent decision to withdraw its proposed core duty requiring barristers to actively advance equality, diversity, and inclusion has prompted significant debate across the legal profession. While the duty not to discriminate remains in place, the BSB’s reversal (despite evidence of persistent disparities) raises important questions about the relationship between legal regulation and cultural transformation.
This development invites reflection on how far professional institutions are willing, or able, to move from formal compliance toward more proactive commitments to fairness and representation. It also exposes the tension between prescriptive duties and professional autonomy, particularly where regulation intersects with ethical leadership.
For those working in criminology and legal education, this moment highlights the enduring challenges of institutional reform, and the role we play in preparing students to engage with law not only as a system of rules, but as a dynamic framework shaped by power, values, and contested social priorities.
It challenges us to consider:
Is regulation enough - or does meaningful change require something deeper, more uncomfortable, and more collaborative?
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