

Professional Legal Ethics: Critical Interrogations
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Item specifics
- Condition
- Actual ISBN
- 9780198764717
- Book Title
- Professional Legal Ethics: Critical Interrogations
- ISBN
- 9780198764717
About this product
Product Identifiers
Publisher
Oxford University Press, Incorporated
ISBN-10
0198764715
ISBN-13
9780198764717
eBay Product ID (ePID)
1742145
Product Key Features
Number of Pages
342 Pages
Language
English
Publication Name
Professional Legal Ethics : Critical Interrogations
Publication Year
2000
Subject
Ethics & Professional Responsibility, General
Type
Textbook
Subject Area
Law
Format
Hardcover
Dimensions
Item Height
0.9 in
Item Weight
22.6 Oz
Item Length
9.2 in
Item Width
6.1 in
Additional Product Features
Intended Audience
College Audience
LCCN
99-048741
Dewey Edition
21
Reviews
'Nicolson and Webb's lucid exploration of specifically Anglo-Welsh professional ethics is extremely valuable, both for its comprehensive coverage of the issues and for its critical appraisal of them...This is an excellent book. Its assessments are clear-eyed and convincing...It works both as an outstanding primer on the current debate on adversarial ethics and as a serious proposal for their future. I highly recommend it.'Emily Henderson Cambridge Law Journal'detailed treatment of a formidably wide range of legal ethics.'David Wood, Journal of Law and Society Vol 27 No 3 (2000), 'Nicolson and Webb's lucid exploration of specifically Anglo-Welshprofessional ethics is extremely valuable, both for its comprehensive coverageof the issues and for its critical appraisal of them...This is an excellentbook. Its assessments are clear-eyed and convincing...It works both as anoutstanding primer on the current debate on adversarial ethics and as a seriousproposal for their future. I highly recommend it.'Emily Henderson Cambridge Law Journal, 'Nicolson and Webb's lucid exploration of specifically Anglo-Welsh professional ethics is extremely valuable, both for its comprehensive coverage of the issues and for its critical appraisal of them...This is an excellent book. Its assessments are clear-eyed and convincing...It works both asan outstanding primer on the current debate on adversarial ethics and as a serious proposal for their future. I highly recommend it.'Emily Henderson Cambridge Law Journal, 'detailed treatment of a formidably wide range of legal ethics.'David Wood, Journal of Law and Society Vol 27 No 3 (2000)
Dewey Decimal
174/.3/0941
Table Of Content
1. IntroductionLawyers And JusticeDefining Professional Legal EthicsAims, Methods And Arguments2. The Philosophical Context: Theoretical Approaches To The Content And Status Of EthicsIntroductionThe Scope Of Philosophical EthicsDeontological EthicsConsequentialismVirtue EthicsPsychology, Feminism And The Ethic Of CarePostmodernism And The Ethics Of AlterityConclusion3. The Social Context: Professional Deals And Institutional SettingsIntroductionThe Ideals Of The Legal ProfessionsThe Procedural ContextProfessional Structures And Institutional ContextsThe Demographic ContextThe Educational ContextThe Business ContextConclusions4. The Regulatory Context: Ethics And Professional Self-RegulationIntroductionThe Institutions Of Self-RegulationCodes Of ConductThe Enforcement Mechanisms5. Duties To The Client: Autonomy And Control In The Lawyer-Client RelationshipIntroductionBoundaries Of AutonomyThe Legal Basis Of Lawyer-Client RelationsControl In The Lawyer-Client RelationshipAutonomy: A Critique And Re-EvaluationReconceptualising Duties To The ClientConclusion: Implication For The Form And Focus Of Codes6. The Lawyers Amoral Role And Lawyer ImmoralityIntroductionThe Lawyers Amoral RoleCriticisms Of Lawyer BehaviourConclusion7. Justifying Neutral PartisanshipIntroductionNeutral Partisanship And Adversarial SystemNeutral Partisanship And Liberal ValuesNeutral Partisanship And The Institutions Of Liberal GovernmentConclusion8. Reforming The Lawyers Amoral RoleIntroductionAlternatives To Neutral PartisanshipMoral Activism And Ethical FoundationsA Contextual Approach To Immoral Ends And MeansImmoral Ends And Decisions To RepresentImmoral Means And Lawyer TacticsA Decision Making Schema For Morally Activist Lawyers9. ConfidentialityIntroductionThe Current PositionCriticisms Of The Current PositionJusitfying ConfidentialityA Contextual Approach To ConfidentialityConclusion10. Conclusion: Towards A More Ethical ProfessionThe Dominance Of Formalism And LiberalismThe Contextual AlternativePossible Objections To A Contextual ApproachInstitutionalising An Ethical Professionalism
Synopsis
Ethics and regulation have become catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book represents the first attempt to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique., Ethics and regulation have become catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book represents the first attempt to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers' ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualises the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. This encourages lawyers to overlook the real invasions of these values so often wrought by upholding clients legal rights, and to ignore the competing claims of affected third parties, the wider community and the environment In seeking to move beyond critique, the authors develop throughout the book a contextual approach to individual ethical decision-making and outline a range of institutional, regulatory and educational reforms which, they suggest, could form the basis for a more ethical brand of professionalism. Professional Legal Ethics: Critical Interrogations is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of professional ethics and regulation., Ethics and regulation have become catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book represents the first attempt to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories ofregulation, and the extensive American literature on lawyers' ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics hasfailed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualises the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. This encourages lawyers to overlook the real invasions of these values so often wroughtby upholding clients legal rights, and to ignore the competing claims of affected third parties, the wider community and the environment In seeking to move beyond critique, the authors developthroughout the book a contextual approach to individual ethical decision-making and outline a range of institutional, regulatory and educational reforms which, they suggest, could form the basis for a more ethical brand of professionalism. Professional Legal Ethics: Critical Interrogations is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of professional ethics and regulation., Professional Legal Ethics: Critical Interrogations provides the first in-depth analysis and sustained critique of the ethics of English and Welsh lawyers. Drawing on a wide variety of disciplines, it argues that professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the context of legal practice and the core ethical issues facinglawyers, the authors locate this failure in the influence of liberalism and formalism, which leads lawyers to undermine the very values of human dignity and autonomy which they are meant to serve and to overlook theimpact their actions might have on third parties, the wider community and the environment By contrast, the authors propose a contextual approach to individual ethical decision-making and outline a range of practical reforms aimed at encouraging a more ethical legal profession.
LC Classification Number
KD479.N53 1999
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