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Legal Ethics and Human Dignity
A wide-ranging collection of essays from a leading scholar of legal ethics.
Torture, Power, and Law
David Luban analyzes the torture debate in the struggle against terrorism from a sophisticated philosophical and legal perspective.
Lawyers and Justice
The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.
Legal Modernism
Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving togeth...
Human Rights in the 'War on Terror'
This book reviews the war on terror since 9/11 from a human rights perspective.
Legal Ethics
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Intervention, Terrorism, and Torture
This book asks whether just war theory and its rules for determining when war is justified remains adequate to the challenges posed by contemporary developments. Some argue that the nature of contemporary war makes these rules obsolete. By carefully examining the phenomena of intervention, terrorism, and torture from a number of different perspectives, the essays in this book explore this complex set of issues with insight and clarity.
Rediscovering Fuller
Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P....
Philosophical Foundations of Human Rights
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
Legal Ethics Stories
This unique collection of ten significant ethics rulings reveal the rich background surrounding salient cases on issues of race, gender, class, taxation, bankruptcy, defense representation, confidentiality, practicing with law partners, and greed. The story behind each case provides a look into its immediate impact as well as its continuing importance in shaping the law. This book serves as a reminder that ultimately law is about human beings, not ?doctrines? or even ?cases,? because the human lives it addresses are real and vivid. The stories typify issues that most lawyers confront in one form or other at some time in their careers. In a striking way, the stories bring a human dimension to the pressures lawyers face, the ethical decisions they confront, the institutions they work in, and the daily choices they make.
