The Lawyer S Conscience
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The Lawyer S Conscience
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Author : Michael S. Ariens
language : en
Publisher: University Press of Kansas
Release Date : 2023-07-21
The Lawyer S Conscience written by Michael S. Ariens and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-21 with Law categories.
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.
The Conscience Of A Lawyer
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Author : David Mellinkoff
language : en
Publisher:
Release Date : 1973
The Conscience Of A Lawyer written by David Mellinkoff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Defense (Criminal procedure) categories.
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.
Conscience Of Lawyers In International Criminal Law
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Author : Farhad Malekian
language : en
Publisher:
Release Date : 2021-12-28
Conscience Of Lawyers In International Criminal Law written by Farhad Malekian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.
"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"--
Conscience And Love In Making Judicial Decisions
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Author : Alexander Nikolaevich Shytov
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Conscience And Love In Making Judicial Decisions written by Alexander Nikolaevich Shytov and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Philosophy categories.
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.
The Law S Conscience
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Author : Peter Charles Hoffer
language : en
Publisher: Univ of North Carolina Press
Release Date : 2000-11-09
The Law S Conscience written by Peter Charles Hoffer and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-09 with Law categories.
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.
Lawyers Problems Of Conscience
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Author : American Law Student Association
language : en
Publisher:
Release Date : 1953
Lawyers Problems Of Conscience written by American Law Student Association and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with Legal ethics categories.
Conscience And The Common Good
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Author : Robert K. Vischer
language : en
Publisher: Cambridge University Press
Release Date : 2010
Conscience And The Common Good written by Robert K. Vischer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
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.
The Consciousness Of The Litigator
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Author : Duffy Graham
language : en
Publisher: University of Michigan Press
Release Date : 2009-11-10
The Consciousness Of The Litigator written by Duffy Graham and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-10 with Law categories.
"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.
The Legal Conscience
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Author : Felix S. Cohen
language : en
Publisher: [Hamden, Conn.] : Archon Books
Release Date : 1970
The Legal Conscience written by Felix S. Cohen and has been published by [Hamden, Conn.] : Archon Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Law categories.
Conscience Equity And The Court Of Chancery In Early Modern England
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Author : Mr Dennis R Klinck
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-06-28
Conscience Equity And The Court Of Chancery In Early Modern England written by Mr Dennis R Klinck and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-28 with History categories.
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.