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The Counsel Of Rogues

Author: Tim Dare
Publisher: Routledge
ISBN: 1317037154
Size: 57.85 MB
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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 Counsel Of Rogues

Author: Tim Dare
Publisher: Routledge
ISBN: 1317037146
Size: 32.87 MB
Format: PDF
View: 476
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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 Counsel Of Rogues

Author: Dr Tim Dare
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496643
Size: 75.18 MB
Format: PDF, Mobi
View: 7224
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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.

Professional Ethics And Personal Integrity

Author: Tim Dare
Publisher: Cambridge Scholars Pub
ISBN: 9781443821285
Size: 18.52 MB
Format: PDF, Kindle
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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.

A Modern Legal Ethics

Author: Daniel Markovits
Publisher: Princeton University Press
ISBN: 0691148139
Size: 28.49 MB
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A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy. Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity.

Constitutional And Administrative Law

Author: Elizabeth Giussani
Publisher:
ISBN: 9781847032195
Size: 64.18 MB
Format: PDF
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Elizabeth Giussani provides a clear and accessible examination of the key areas of constitutional and administrative law and human rights, essential for those studying law at degree or graduate diploma level.

Ethics And Law

Author: W. Bradley Wendel
Publisher: Cambridge University Press
ISBN: 1107042569
Size: 74.32 MB
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Combining theory with real-world examples, this book explores the classic problems of legal ethics and the philosophy of law.

Lawyers And The Public Good

Author: Alan Paterson
Publisher: Cambridge University Press
ISBN: 1139505068
Size: 23.21 MB
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For the 2010 Hamlyn Lectures, Alan Paterson explores different facets of three key institutions in a democracy: lawyers, access to justice and the judiciary. In the case of lawyers he asks whether professionalism is now in terminal decline. To examine access to justice, he discusses past and present crises in legal aid and potential endgames and in relation to judges he examines possible mechanisms for enhancing judicial accountability. In demonstrating that the benign paternalism of lawyers in determining the public good with respect to such issues is no longer unchallenged, he argues that the future roles of lawyers, access to justice and the judiciary will only emerge from dialogues with other stakeholders claiming to speak for the public interest.

By Advise Of Counsel

Author: Arthur Train
Publisher: BoD – Books on Demand
ISBN: 3732634116
Size: 43.71 MB
Format: PDF, Docs
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Reproduction of the original: By Advise of Counsel by Arthur Train

A Book Of Scoundrels

Author: Charles Whibley
Publisher: 1st World Publishing
ISBN: 1595400621
Size: 51.63 MB
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There are other manifestations of greatness than to relieve suffering or to wreck an empire. Julius Caesar and John Howard are not the only heroes who have smiled upon the world. In the supreme adaptation of means to an end there is a constant nobility, for neither ambition nor virtue is the essential of a perfect action. How shall you contemplate with indifference the career of an artist whom genius or good guidance has compelled to exercise his peculiar skill, to indulge his finer aptitudes? A masterly theft rises in its claim to respect high above the reprobation of the moralist. The scoundrel, when once justice is quit of him, has a right to be appraised by his actions, not by their effect; and he dies secure in the knowledge that he is commonly more distinguished, if he be less loved, than his virtuous contemporaries. While murder is wellnigh as old as life, property and the pocket invented theft, late-born among the arts. It was not until avarice had devised many a cunning trick for the protection of wealth, until civilisation had multiplied the forms of portable property, that thieving became a liberal and an elegant profession. True, in pastoral society, the lawless man was eager to lift cattle, to break down the barrier between robbery and warfare. But the contrast is as sharp between the savagery of the ancient reiver and the polished performance of Captain Hind as between the daub of the pavement and the perfection of Velasquez.