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Inside Lawyers' Ethics is a lively and practical values-based analysis of the moral dilemmas that lawyers face. It gives lawyers the confidence to understand and actively improve their ethical priorities and behaviour when confronted with major ethical challenges. It identifies the applicable law and conduct rules and analyses them in the context of four different types of ethical lawyering: zealous advocacy, responsible lawyering, moral activism and the ethics of care. This new edition is fully updated, with a new chapter on confidentiality and new case studies and review questions. This edition also contains a self-assessment instrument designed to allow readers to recognise the type of lawyering that most appeals to them. Inside Lawyers' Ethics promotes self-awareness and offers a positive and enriching approach to problem solving, rather than one based on the 'don't get caught' principle. It is essential reading for students of law and newly qualified legal practitioners.
A creative interface between the issues, the stories and the values/virtues that sustain and may heal two central disciplines/ institutions of our society.
This volume reviews and takes stock of legal ethics, at a time when the legal profession globally is experiencing considerable change and challenges, through a re-evaluation of writings that are in some way foundational to the field. Legal ethics, understood here as the study of the ethics and professional regulation of lawyers, has emerged as a novel and important field of study over the last 50 years. It is also one that displays considerable diversity in its scholarship, with distinctive philosophical and interdisciplinary approaches emerging over the years to underpin and supplement the doctrinal ‘law on lawyering’. With contributions from leading and emerging scholars from the United States, Australia, Canada, the Netherlands, New Zealand and the United Kingdom, this collection offers not just critical insights into the authors’ chosen texts, but a thought-provoking commentary on the current state of legal ethics scholarship and its future directions. In addition to being an essential resource for scholars and students of legal ethics theory, it will also be of interest to academics and researchers in legal theory, the philosophy of law, and applied ethics.
This book discusses the teaching of ‘legal ethics’, arguing that the current formal rules governing lawyers are inadequate, as true engagement with ethical issues requires lawyers to exercise judgment, and therefore there is a need to rethink the aims, scope and methodology of ‘legal ethics education. The volume presents the views of a number of internationally renowned legal ethicists, including Brent Cotter and David Chavkin, exploring and questioning the teaching of legal ethics. The contributions examine legal ethics teaching in a range of jurisdictions including the USA, Canada, Australia, South Africa and Hong Kong. A number of contributors discuss design issues that cover a broad field of methods, including simulations, the pervasive use of problem-solving exercises, and real-world experiences, with some of the essays revealing their empirical findings on the effectiveness of these methods and particularly as they affect the students.
Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting the ethical issues surrounding professional conduct and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality and fees, are covered with references throughout to the professional codes of conduct.
Who should be allowed to provide legal services to others? What characteristics must these services possess? Through a comparative study of English-speaking jurisdictions, this book illuminates the policy choices involved in legal services regulation a
The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collectio...
This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive...
In Virgin Whore, Emma Maggie Solberg uncovers a surprisingly prevalent theme in late English medieval literature and culture: the celebration of the Virgin Mary’s sexuality. Although history is narrated as a progressive loss of innocence, the Madonna has grown purer with each passing century. Looking to a period before the idea of her purity and virginity had ossified, Solberg uncovers depictions and interpretations of Mary, discernible in jokes and insults, icons and rituals, prayers and revelations, allegories and typologies—and in late medieval vernacular biblical drama. More unmistakable than any cultural artifact from late medieval England, these biblical plays do not exclusively in...
Teaches legal ethics by focussing on the principles that should be used in everyday, honest legal practice.