A Modern Legal Ethics

A Modern Legal Ethics

"This book addresses both lawyers interested in moral theory and philosophers interested in what lawyers do.

Author: Daniel Markovits

Publisher: Princeton University Press

ISBN: 9780691148137

Category: Law

Page: 374

View: 323

Daniel Markovits proposes here a wholesale renovation of legal ethics, one that contributes to ethical thought generally. His book rejects the casuistry that dominates contemporary applied ethics in favour of an interpretive method that may be mimicked in other areas.
Categories: Law

The Ethics and Conduct of Lawyers in England and Wales

The Ethics and Conduct of Lawyers in England and Wales

137 G Postema, 'Moral Responsibility in Professional Ethics' (1980) 55 NY University Law Review 63. 138 D Markovits, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age (Princeton, NJ, Princeton University Press, 2009).

Author: Andrew Boon

Publisher: Bloomsbury Publishing

ISBN: 9781782256090

Category: Law

Page: 566

View: 397

This is the third edition of the leading textbook on legal ethics and the regulation of the legal profession in England and Wales. As such it maps the complex regulatory environment in which the legal profession in England and Wales now operates. It opens with a critical overview of professional ideals, organisation, power and culture and an examination of the mechanisms of professions, exercised through governance, regulation, discipline and education. The core of the book explores the conflict between duties owed to clients (loyalty and confidentiality) and wider duties (to the profession, third parties and society). The final part applies lawyers' ethics to dispute resolution and settlement (litigation, negotiation, advocacy and alternative dispute settlement). Now laid out in a more accessible format and written in a more approachable style, the book is ideal reading for those teaching and learning in the field of legal ethics.
Categories: Law

The Good Chinese Lawyer

The Good Chinese Lawyer

See Markovits, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age. Markovits has been criticized for his claim that distinct lawyer roles are no longer justifiable, particularly by Dare. See Tim Dare, 'Can lawyers have ...

Author:

Publisher: Cambridge University Press

ISBN: 9781009208499

Category: Law

Page: 313

View: 990

Categories: Law

Keats s Negative Capability

Keats s Negative Capability

In A Modern Legal Ethics: Adversary Advocacy in a Democratic Age, Yale Law School professor Daniel Markovits posits a framework for legal ethics that emphasizes the lawyer's passivity and invokes negative capability as a model for ...

Author: Brian Rejack

Publisher: Oxford University Press

ISBN: 9781786941817

Category: Literary Criticism

Page: 320

View: 806

Few critical terms coined by poets are more famous than "negative capability." Though Keats uses the mysterious term only once, a consensus about its meaning has taken shape over the last two centuries. Keats's Negative Capability: New Origins and Afterlives offers alternative ways to approach and understand Keats's seductive term.
Categories: Literary Criticism

The Good Lawyer

The Good Lawyer

See Markovits, A Modern Legal Ethics: Adversary advocacy in a democratic age. Markovits has been criticised for his claim that distinct lawyer roles are no longer justifiable, particularly by Dare (Tim Dare, 'Can lawyers have integrity?

Author: Adrian Evans

Publisher: Cambridge University Press

ISBN: 9781316062708

Category: Law

Page:

View: 897

The Good Lawyer explores the ethical and professional challenges that confront people who work in the law - or are considering it - and offers principled and pragmatic advice about how to overcome such challenges. This book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be 'good', and to draw on your virtue and judgement when difficult choices arise, rather than relying on compliance with rules or codes. The Good Lawyer analyses four important areas of legal ethics - truth and deception, professional secrets, conflicts of interest, and professional competence - and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.
Categories: Law

Lawyers and the Rule of Law

Lawyers and the Rule of Law

147 But see eg J Andre, 'Role Morality as a Complex Instance of Ordinary Morality' (1991) 28(1) American Philosophical Quarterly 73. 148 D Markovits, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age (Princeton University ...

Author: Andrew Boon

Publisher: Bloomsbury Publishing

ISBN: 9781509925223

Category: Law

Page: 457

View: 155

This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.
Categories: Law

Reaffirming Legal Ethics

Reaffirming Legal Ethics

priorities or fidelity to law only exists within the role when a lawyer is acting in a representative capacity. ... A Modern Legal Ethics: Adversary Advocacy in a Democratic Age,16 are extremely sophisticated philosophical treatments of ...

Author: Kieran Tranter

Publisher: Routledge

ISBN: 9781136954771

Category: Law

Page: 239

View: 334

It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation. This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers. The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. The contributors also look at the theme of affirmation. Within an increasingly complex environment of change and dynamism, this volume reaffirms that there is value within the field of legal ethics. That is the project of reflecting on the unique ethical and conduct requirements of lawyering can not be submerged into a broader field of applied philosophy, management or regulatory studies. While this volume does not deny the opportunities that exist for interdisciplinary engagement with philosophy, social science or politics, it affirms legal ethics as a legitimate and highly relevant field of inquiry.
Categories: Law

Professional Ethics and Personal Integrity

Professional Ethics and Personal Integrity

(1985) Defending White Collar Crime: A Portrait of Attorneys at Work New Haven, Conn.: Yale University Press Markovits, Daniel. (2008) A Modern Legal Ethics: Adversary Advocacy in a Democratic Age Princeton: Princeton University Press — ...

Author: Tim Dare

Publisher: Cambridge Scholars Publishing

ISBN: 9781527553361

Category: Law

Page: 301

View: 301

Professional roles are often thought to bring role-specific permissions and obligation, which may allow or require role-occupants to do things they would not be permitted or required to do outside their roles, and which as individuals they would rather not do. This feature of professional roles appears to bring them into conflict both with ‘ordinary’ or non-role morality, and with personal integrity which is often thought to demand some form of personal endorsement of one’s conduct. How are we to reconcile the demands of roles with ordinary morality and with personal integrity? This collection draws together a set of papers which explore these questions as they bear upon a number of different professional roles, including those of the lawyer, the judge and the politician, and from a variety of perspectives, including contemporary analytic moral theory, jurisprudence, psychoanalytic theory, virtue ethics, and contextualism, and, more broadly, from philosophy and legal academia and practice.
Categories: Law

Religion and the Exercise of Public Authority

Religion and the Exercise of Public Authority

1 See eg, Daniel Markovits, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age (Princeton, Princeton University Press, 2008) (defending the traditional zealous advocate role, and characterising loyalty as requiring lawyers to ...

Author: Benjamin L Berger

Publisher: Bloomsbury Publishing

ISBN: 9781509906482

Category: Law

Page: 224

View: 558

In the burgeoning literature on law and religion, scholarly attention has tended to focus on broad questions concerning the scope of religious freedom, the nature of toleration and the meaning of secularism. An under-examined issue is how religion figures in the decisions, actions and experiences of those charged with performing public duties. This point of contact between religion and public authority has generated a range of legal and political controversies around issues such as the wearing of religious symbols by public officials, prayer at municipal government meetings, religious education and conscientious objection by public servants. Authored by scholars from a variety of disciplines, the chapters in this volume provide insight into these and other issues. Yet the volume also provides an entry point into a deeper examination of the concepts that are often used to organise and manage religious diversity, notably state neutrality. By examining the exercise of public authority by individuals who are religiously committed – or who, in the discharge of their public responsibilities, must account for those who are – this volume exposes the assumptions about legal and political life that underlie the concept of state neutrality and reveals its limits as a governing ideal.
Categories: Law

Lawyers and Fidelity to Law

Lawyers and Fidelity to Law

Yale Journal of Law and the Humanities 15:209–93. ———. (2006) “Adversary Advocacy and the Authority of Adjudication.” Fordham Law Review 75: 1367–95. ———. (2008) A Modern Legal Ethics: Adversary Advocacy in a Democratic Age (Princeton, ...

Author: W. Bradley Wendel

Publisher: Princeton University Press

ISBN: 9780691156217

Category: Law

Page: 300

View: 382

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
Categories: Law