Lawyers and justice : an ethical study / David Luban.

Format:

Book

Author/Creator:

Luban, David, 1949- author.

Contributor:

University of Maryland, College Park. Institute for Philosophy and Public Policy.

Language:

English

Subjects (All):

Legal ethics--United States.

Legal ethics.

Public interest law--United States.

Public interest law.

Practice of law--United States.

Practice of law.

Justice, Administration of--United States.

Justice, Administration of.

Physical Description:

1 online resource (xxx, 440 pages)

Place of Publication:

Princeton, NJ : Princeton University Press, [2018]

Language Note:

English

Summary:

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.

Contents:

Frontmatter

CONTENTS

PREFACE

INTRODUCTION

A NOTE TO THE READER

I. PROBLEMS OF CONSCIENCE: TRADE IDIOMS AND MORAL IDIOMS

1. THE CASE OF THE WICKED UNCLE

2. LAWYERS AGAINST THE LAW

3. THE MORAL AUTHORITY OF LAW

4. ENTER THE ADVERSARY SYSTEM

5. WHY HAVE AN ADVERSARY SYSTEM?

6. THE PROBLEM OF ROLE MORALITY

7. THE STRUCTURE OF ROLE MORALITY

8. THE OPPORTUNITY IN THE LAW

II. PROBLEMS OF CONSCIENCE: KEEPING CONFIDENCES

9. CLIENT CONFIDENCES AND HUMAN DIGNITY

10. CORPORATE COUNSEL AND CONFIDENTIALITY

III. PROBLEMS OF JUSTICE: LEGAL AID

11. THE RIGHT TO LEGAL SERVICES

12. SOME MODEST PROPOSALS

IV. THE PEOPLE'S LAWYER AND DEMOCRATIC IDEALS

13. THE ATTACK ON LEGAL SERVICES

14. CLIENT CONTROL: DIRTY HANDS

15. CLIENT CONTROL: CLASS CONFLICTS

16. THE OBJECTION FROM DEMOCRACY

APPENDIX 1: HOW STANDARD IS THE STANDARD CONCEPTION?

APPENDIX 2: AN ARGUMENT AGAINST INNUMERATE ETHICS

TABLE OF CASES

BIBLIOGRAPHY

INDEX

Notes:

"Sponsored by the Institute for Philosophy and Public Policy."

Includes bibliographical references (pages 413-428) index.

Other Format:

Print version:

ISBN:

0-691-18755-X

OCLC:

1076456284