QUESTION 1: THE LEGAL PROFESSION
1.1. Discuss whether Thabani Simelane’s reasons for studying law reflect Kronman’s arguments
relating to the reasons for choosing a career in law.
Thabani Simelane’s stated reasons for pursuing law—wealth and prestige—stand in direct contrast to
the ideal of lawyering articulated by Anthony Kronman in The Lost Lawyer: Failing Ideals of the
Legal Profession (1993). Kronman argues that the true motivation for a career in law should be
rooted in the cultivation of practical wisdom (phronesis), a commitment to deliberative judgment,
and a sense of public-spiritedness, rather than mere material gain or social status.¹
Kronman laments the decline of what he calls the “lawyer-statesman” ideal, which emphasises
empathy, holistic judgment, and a devotion to the public good. He contends that modern legal
education and practice have increasingly prioritised technical competence and commercial success,
thereby eroding the moral and intellectual virtues that once defined law as a noble calling.² In this
framework, the desire for wealth and prestige is symptomatic of the very problem Kronman
identifies: the reduction of law to a strategic, self-interested enterprise rather than a practice aimed at
justice and human flourishing.
Thabani’s candid admission thus fails to align with Kronman’s arguments in two key respects. First,
Kronman would likely see the pursuit of wealth and prestige as extrinsic motivations that undermine
the intrinsic satisfactions of legal practice—such as resolving human conflicts wisely and serving
clients’ deeper needs.³ Second, Kronman warns that when law students are driven primarily by status
and financial reward, they neglect the development of practical wisdom and empathetic
understanding, which are essential for sound legal judgment.⁴
However, one might note that Kronman does not entirely dismiss material success; rather, he argues
that it should not be the central or exclusive goal. In a passage discussing career choice, Kronman
acknowledges that financial security is a legitimate concern, but insists that without a deeper
commitment to the deliberative and civic aspects of law, the lawyer’s life becomes hollow.⁵
Thabani’s statement gives no indication of any broader purpose—such as justice, fairness, or
service—and therefore represents precisely the kind of impoverished motivation Kronman critiques.
In conclusion, Thabani Simelane’s reasons for studying law—wealth and prestige—do not reflect
Kronman’s arguments. Instead, they exemplify the decline of the lawyer-statesman ideal that
Kronman seeks to revive. For Thabani to align with Kronman’s vision, he would need to articulate a
motivation that includes the pursuit of practical wisdom, public spiritedness, and a sense of law as a
moral and deliberative practice, rather than a mere vehicle for personal enrichment.
¹ Anthony T. Kronman, The Lost Lawyer: Failing Ideals of the Legal Profession (Harvard University Press, 1993) 12–15.
² Ibid 2–4, 165–170.
³ Ibid 274–278 (discussing intrinsic versus extrinsic satisfactions in legal practice).
⁴ Ibid 349–352 (on the effects of commercialism on legal judgment).
⁵ Ibid 265–268 (acknowledging financial motives but arguing they should be secondary to practical wisdom).