Lawyers and Justice: An Ethical StudyPrinceton University Press, 21 gru 1988 - 440 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. |
Spis treści
THE CASE OF THE WICKED UNCLE | 3 |
LAWYERS AGAINST THE LAW | 11 |
THE MORAL AUTHORITY OF LAW | 31 |
ENTER THE ADVERSARY SYSTEM 50 | 50 |
WHY HAVE AN ADVERSARY SYSTEM? | 67 |
THE STRUCTURE OF ROLE MORALITY | 128 |
THE OPPORTUNITY IN THE LAW | 148 |
CLIENT CONFIDENCES AND HUMAN DIGNITY | 177 |
SOME MODEST PROPOSALS | 267 |
THE ATTACK ON LEGAL SERVICES | 293 |
DIRTY HANDS | 317 |
CLASS CONFLICTS | 341 |
THE OBJECTION FROM DEMOCRACY | 358 |
HOW STANDARD IS | 393 |
AN ARGUMENT AGAINST | 405 |
BIBLIOGRAPHY | 413 |