The Lawyer's Conscience

The Lawyer's Conscience

Author: Michael S. Ariens

Publisher: University Press of Kansas

Published: 2023-07-21

Total Pages: 400

ISBN-13: 0700633839

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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.


Book Synopsis The Lawyer's Conscience by : Michael S. Ariens

Download or read book The Lawyer's Conscience written by Michael S. Ariens and published by University Press of Kansas. This book was released on 2023-07-21 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Conscience of a Lawyer

Author: David Mellinkoff

Publisher:

Published: 1973

Total Pages: 0

ISBN-13: 9780314284020

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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.


Book Synopsis The Conscience of a Lawyer by : David Mellinkoff

Download or read book The Conscience of a Lawyer written by David Mellinkoff and published by . This book was released on 1973 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Lawyers' Problems of Conscience

Lawyers' Problems of Conscience

Author:

Publisher:

Published: 2017

Total Pages:

ISBN-13:

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Book Synopsis Lawyers' Problems of Conscience by :

Download or read book Lawyers' Problems of Conscience written by and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Cultivating Conscience

Cultivating Conscience

Author: Lynn Stout

Publisher: Princeton University Press

Published: 2010-10-04

Total Pages: 319

ISBN-13: 140083600X

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How the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.


Book Synopsis Cultivating Conscience by : Lynn Stout

Download or read book Cultivating Conscience written by Lynn Stout and published by Princeton University Press. This book was released on 2010-10-04 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.


The Legal Conscience Selected Papers of Felix S Cohen

The Legal Conscience Selected Papers of Felix S Cohen

Author: Felix S Cohen

Publisher: Franklin Classics

Published: 2018-10-15

Total Pages: 532

ISBN-13: 9780343258603

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Book Synopsis The Legal Conscience Selected Papers of Felix S Cohen by : Felix S Cohen

Download or read book The Legal Conscience Selected Papers of Felix S Cohen written by Felix S Cohen and published by Franklin Classics. This book was released on 2018-10-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


The Legal Conscience

The Legal Conscience

Author: Felix S. Cohen

Publisher: [Hamden, Conn.] : Archon Books

Published: 1970

Total Pages: 526

ISBN-13:

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Book Synopsis The Legal Conscience by : Felix S. Cohen

Download or read book The Legal Conscience written by Felix S. Cohen and published by [Hamden, Conn.] : Archon Books. This book was released on 1970 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The Conceptual Change of Conscience

The Conceptual Change of Conscience

Author: Ville Erkkilä

Publisher: Mohr Siebeck

Published: 2019-03-05

Total Pages: 328

ISBN-13: 3161566912

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How did the drastic experiences of the turbulent twentieth century affect the works of a legal historian? What kind of an impact did they have on the ideas of justice and rule of law prominent in legal historiography? Ville Erkkila analyses the way in which the concepts of 'Rechtsgewissen' and 'Rechtsbewusstsein' evolved over time in the works of the prestigious legal historian Franz Wieacker. With the help of previously unavailable sources such as private correspondence, the author reveals how Franz Wieacker's personal experiences intertwined in his legal historiography with the tradition of legal science as well as the social and political destinies of twentieth century Germany.


Book Synopsis The Conceptual Change of Conscience by : Ville Erkkilä

Download or read book The Conceptual Change of Conscience written by Ville Erkkilä and published by Mohr Siebeck. This book was released on 2019-03-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the drastic experiences of the turbulent twentieth century affect the works of a legal historian? What kind of an impact did they have on the ideas of justice and rule of law prominent in legal historiography? Ville Erkkila analyses the way in which the concepts of 'Rechtsgewissen' and 'Rechtsbewusstsein' evolved over time in the works of the prestigious legal historian Franz Wieacker. With the help of previously unavailable sources such as private correspondence, the author reveals how Franz Wieacker's personal experiences intertwined in his legal historiography with the tradition of legal science as well as the social and political destinies of twentieth century Germany.


Conscience and the Common Good

Conscience and the Common Good

Author: Robert K. Vischer

Publisher: Cambridge University Press

Published: 2010

Total Pages: 327

ISBN-13: 0521113776

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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.


Book Synopsis Conscience and the Common Good by : Robert K. Vischer

Download or read book Conscience and the Common Good written by Robert K. Vischer and published by Cambridge University Press. This book was released on 2010 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Lawyers' Problems of Conscience

Lawyers' Problems of Conscience

Author: American Law Student Association

Publisher:

Published: 1953

Total Pages: 102

ISBN-13:

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Book Synopsis Lawyers' Problems of Conscience by : American Law Student Association

Download or read book Lawyers' Problems of Conscience written by American Law Student Association and published by . This book was released on 1953 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: