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The Counsel of Rogues?
There is a widespread perception that even when lawyers are acting squarely within their roles, being good lawyers, they display the vices of dishonesty and deviousness. At the heart of the perception is the so called standard conception of the lawyer’s role according to which lawyers owe special duties to their clients which render permissible, or even mandatory, acts that would otherwise count as morally impermissible. Many have concluded that the standard conception should be set aside. This book suggests that the moral implications of the standard conception are often mischaracterised. Critics suggest that the conception requires lawyers to secure any advantage the law can be made to give. But Dare offers a moral argument for the conception, according to which it justifies a more limited and moderate sphere of professional conduct than is normally supposed, allowing lawyers to preserve their integrity while giving proper weight to the role-differentiated permissions and obligations of their roles.
The Dare
Brian, Susan, and Tim liked to get together on Friday the 13th and play the Dare game at a cemetery that dates back to the nineteenth century, in the woods behind Tim's house. But, when they got together this coming Friday the 13th, which was only two days away, their game was about to take a fatal turn for them all. Finally, their long-awaited fun-filled night of Dare came, and they were all excited to get together as they always have for the past five years. Tim called Susan and Brian on the phone and told them to be at his house by 7 p.m. He also said they would all set out into the woods to camp out at the cemetery. Susan and Brian showed up right on time. Brian said "Tim, I wouldn't miss this for the world. We've all been best of friends for as long as I can remember and meeting here to play the Dare game at the cemetery is so much fun."
Professional Ethics and Personal Integrity
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.
Canceling Lawyers
"Lawyers take pride in a professional tradition of representing unpopular clients, understanding it as a contribution to the rule of law and the practice of toleration in a polarized society. This does not mean that lawyers are fully insulated from criticism for the clients they represent. The seemingly intractable debate over accountability for representing nasty clients is in part the result of a deep, structural tension between the institutions and procedures of the legal system, and the underlying issues and controversies about which people disagree. We also care about the attitudes and motives of lawyers, which play an important role in evaluating the actions of others. Much of the frus...
Social Justice and Legal Education
Recent years have seen social justice emerge as a powerful driver for work, both in law schools and the legal services sector. However, questions remain about how that term is understood and given meaning within the legal academy and beyond. This edited collection explores the meanings that have emerged and might subsequently be developed, together with a practical exploration of projects that have sought to bring the social justice agenda to life in law schools and in communities around the world. Over the course of eighteen chapters, this volume engages with a range of social justice and legal education themes, including clinical legal education, innocence projects, access to justice, cause lawyering, LGBTQ identities, and sustainability in law schools. In addition, it also explores themes of ethics and values in contemporary legal education in Africa, Australia, North America, and the UK.
Virtue Jurisprudence
This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
Reasonableness and Responsibility: A Theory of Contract Law
If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.
Contemporary Issues in Applied and Professional Ethics
The latest volume of Research in Ethical Issues in Organizations addresses a range of contemporary issues in applied and professional ethics. It is ideally suited to researchers, postgraduates and professionals whose interests include such key issues as tax avoidance, global justice, information sharing and corporate privacy.
