The Lawyer S Conscience

Author : Michael S. Ariens
Publisher : University Press of Kansas
Page : 400 pages
File Size : 45,9 Mb
Release : 2023-07-21
Category : Law
ISBN : 9780700633838

Get Book

The Lawyer's Conscience by Michael S. Ariens Pdf

In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

Author : David Mellinkoff
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 1973
Category : Defense (Criminal procedure)
ISBN : 0314284028

Get Book

The Conscience of a Lawyer by David Mellinkoff Pdf

On trial practice, defense lawyers, and legal ethics, by discussing the murder of Lord William Russell in London, May 5, 1840, and a reconstruction of the trial of his valet, Benjamin François Courvoisier.

Author : Alexander Nikolaevich Shytov
Publisher : Springer Science & Business Media
Page : 246 pages
File Size : 43,6 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401597456

Get Book

Conscience and Love in Making Judicial Decisions by Alexander Nikolaevich Shytov Pdf

THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.

Author : Farhad Malekian
Publisher : Unknown
Page : 280 pages
File Size : 48,8 Mb
Release : 2021-12-28
Category : Law
ISBN : 1685074715

Get Book

Conscience of Lawyers in International Criminal Law by Farhad Malekian Pdf

"Empowering ethical codes is vital in all branches of law because without these codes we would be unable to differentiate between right and wrong in our personal judgments. Lawyers can either be the most precious or the most precarious parties in a criminal case, depending on the state of their conscience. In such cases, immorality replaces morality, and legal norms become pawns in a game, the goal of which is to serve the economic interests of the lawyer. The lawyer becomes a greater threat to the truth when they support the establishment of special tribunals meant to hide the truth, such as was seen in Iraq, or when they receive payment in order to cover up genocide in places such as Myanmar and in the territories of the superpowers. Such lawyers then turn around and condemn the same crimes in places such as China. They speak out against crimes against humanity carried out by the Iranian government, but do not say a single word about crimes against humanity, war crimes, and genocide committed by the Saudi Arabian Israeli, American, French, and British governments. Here, doppelgänger attorneys do not present the true image of justice, but rather work to convince the international public that their brutal clients are innocent. The situation is even more complicated when we are dealing with very sensitive questions of international criminal justice under various criminal procedures directed by lawyers in the ICJ, the ICC, or in ad hoc tribunals. What is the nature of integrity, impartiality, conscience, truth, and payments, and why are lawyers increasingly being sponsored and directed by outsiders? This book reveals the forbidden truth-an embarrassment and moral weakness of conscience. The reader can hardly put the book down! Every library should obtain it"--

Author : Dennis R. Klinck
Publisher : Routledge
Page : 328 pages
File Size : 52,8 Mb
Release : 2016-05-23
Category : History
ISBN : 9781317161950

Get Book

Conscience, Equity and the Court of Chancery in Early Modern England by Dennis R. Klinck Pdf

Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

Author : Duffy Graham
Publisher : University of Michigan Press
Page : 153 pages
File Size : 55,7 Mb
Release : 2009-11-10
Category : Law
ISBN : 9780472023509

Get Book

The Consciousness of the Litigator by Duffy Graham Pdf

"An important and thought-provoking addition to the literature on the ethics of lawyers." ---Kimberly Kirkland, Franklin Pierce Law Center The Consciousness of the Litigator investigates the role of the lawyer in modern American political and social life and in the judicial process, and plumbs lawyers' perceptions of themselves, their work, and, especially, their sense of right and wrong. In so doing, the book sheds light on the unique and little-examined subject of the moral mind of the litigator, whose work extends to all corners of society and whose primary expertise---making legal arguments---is the fundamental skill of all lawyers. The Consciousness of the Litigator stands with Michael Kelly's Lives of Lawyers as a must-read for the many law students, scholars, and practicing litigators who struggle to balance ethical questions with the dictates of their highly commercialized profession.

Author : Robert K. Vischer
Publisher : Cambridge University Press
Page : 327 pages
File Size : 51,8 Mb
Release : 2010
Category : Law
ISBN : 9780521113779

Get Book

Conscience and the Common Good by Robert K. Vischer Pdf

Our society's longstanding commitment to the liberty of conscience has become strained by our increasingly muddled understanding of what conscience is and why we value it. Too often we equate conscience with individual autonomy, and so we reflexively favor the individual in any contest against group authority, losing sight of the fact that a vibrant liberty of conscience requires a vibrant marketplace of morally distinct groups. Defending individual autonomy is not the same as defending the liberty of conscience because, although conscience is inescapably personal, it is also inescapably relational. Conscience is formed, articulated, and lived out through relationships, and its viability depends on the law's willingness to protect the associations and venues through which individual consciences can flourish: these are the myriad institutions that make up the space between the person and the state. Conscience and the Common Good reframes the debate about conscience by bringing its relational dimension into focus.

Author : Peter Charles Hoffer
Publisher : Univ of North Carolina Press
Page : 318 pages
File Size : 47,9 Mb
Release : 2000-11-09
Category : Law
ISBN : 9780807862063

Get Book

The Law's Conscience by Peter Charles Hoffer Pdf

The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

Author : American Law Student Association
Publisher : Unknown
Page : 102 pages
File Size : 49,5 Mb
Release : 1953
Category : Legal ethics
ISBN : STANFORD:36105062977900

Get Book

Lawyers' Problems of Conscience by American Law Student Association Pdf

Author : Felix S. Cohen
Publisher : [Hamden, Conn.] : Archon Books
Page : 526 pages
File Size : 46,9 Mb
Release : 1970
Category : Law
ISBN : MINN:31951001848796Q

Get Book

The Legal Conscience by Felix S. Cohen Pdf

Author : Jeffrey B. Hammond,Helen M. Alvare
Publisher : Cambridge University Press
Page : 471 pages
File Size : 54,9 Mb
Release : 2021-06-24
Category : Law
ISBN : 9781108835381

Get Book

Christianity and the Laws of Conscience by Jeffrey B. Hammond,Helen M. Alvare Pdf

This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.

Author : Lynn Stout
Publisher : Princeton University Press
Page : 319 pages
File Size : 50,6 Mb
Release : 2010-10-04
Category : Law
ISBN : 9781400836000

Get Book

Cultivating Conscience by Lynn Stout Pdf

How the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.

Author : Irit Samet
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 48,6 Mb
Release : 2018
Category : Law
ISBN : 9780198766773

Get Book

Equity by Irit Samet Pdf

This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.

Author : Anonim
Publisher : Unknown
Page : 434 pages
File Size : 47,5 Mb
Release : 1884
Category : Law
ISBN : STANFORD:36105063062892

Get Book

The Ohio Law Journal by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 516 pages
File Size : 49,7 Mb
Release : 1882
Category : Liberalism (Religion)
ISBN : HARVARD:AH6J7G

Get Book

Unity by Anonim Pdf