Lawyers and Justice : : An Ethical Study / / David Luban.

• Superior document: Title is part of eBook package: De Gruyter Princeton University Press eBook-Package Archive 1927-1999
• VerfasserIn: Luban, David,
• Place / Publishing House: Princeton, NJ : : Princeton University Press, , [2018]; ©1989
• Year of Publication: 2018
• Language: English
• Physical Description: 1 online resource

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.

Table of 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