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The Practice of Justice William H. Simon

The Practice of Justice By William H. Simon

The Practice of Justice by William H. Simon


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Summary

William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.

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The Practice of Justice Summary

The Practice of Justice: Theory of Lawyers' Ethics by William H. Simon

Should a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural manoeuvres that defeat substantive rights? This book looks at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible. At the same time, Simon refects the ethical approaches most frequently purposed by the professions critics. The problem, he insists, does not lie with the profession's commitment to legal values over those of ordinary morality, nor does it arise from the adversary system. Rather, Simon shows that the critical weakness of the standard aproach is its reliance on a distinctive style of judgment - categorical, rule-bound, rigid - that is both ethically unattractive and rejected by most modern legal thought outside the realm of legal ethics. He develops an alternative approach based on a different, more contextual style of judgment widely accepted in other areas of legal thought. The author uses discussions of actual cases, including the Lincoln Savings and Loan scandal and the Leo Frank murder trial, as well as fictional accounts of lawyering, including Kafka's The Trial and the movie The Verdict.

Table of Contents

Introduction: the anxious profession; the moral terrain of lawyering; the dominant view and alternatives; a preview; false starts. A right to injustice: the entitlement argument; the libertarian premise; the positivist premise; libertariansim versus positivism; the problem of retroactivity; the problem of private legislation. Justice in the long run: confidentiality; the adversary system and trial preparation; identification with clients and cognitive dissonance; the efficiency of categorical norms; aptitude for complex judgment. Should lawyers obey the law?: lawyer obligation in the dominant view; positivist versus substantive conceptions of law; the pervasiveness of implicit nullification; some clarifiaction about nullification; nullification versus reform; tax versus prohibition; determination versus obligation; a prima facie obligation?; divorce perjury and enforcement advice revisited. Legal professionalism as meaningful work: the problem of alienation; the professional solution; the lost lawyer; the Brandeisian evasions; self-betrayal. Legal ethics as contectual judgment: the structure of legal ethics problems; some objections; the moral terrain of lawyering revisited. Is criminal defense different?: contested issues; weak arguments for aggessive criminal defense; social work, justice and nullification; the stakes. Institutionalizing ethics: a contextual disciplinary regime - the tort model; restructuring the market for legal services.

Additional information

CIN0674697111G
9780674697119
0674697111
The Practice of Justice: Theory of Lawyers' Ethics by William H. Simon
Used - Good
Hardback
Harvard University Press
19980507
264
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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