A Monograph On Legal Ethics
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Author | : Jan L. Jacobowitz |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : Electronic evidence |
ISBN | : 9781639051960 |
"As technology impacts what we do as a profession and arguably improves how we do it, lawyers need to know that our existing rules of ethics still apply in a brave new world of status updates, tweets, Instagram followings, YouTube uploads, and since the first edition-Zoom and other video platforms. And as our book details, the tension between the inexorable advance of technol-ogy and the comparatively slow pace of the law translates to a world in which we need all the guidance we can get in shaping our digital communi-cations to our ethical responsibilities"--
Author | : Jona Goldschmidt |
Publisher | : Rowman & Littlefield |
Total Pages | : 459 |
Release | : 2022-01-14 |
Genre | : Law |
ISBN | : 1793616655 |
Self-representation has a long, venerable history dating to biblical times and continuing through the common law, the colonial era, to the present. This book collects and analyzes the law, ethics opinions, and empirical studies about the wide range of issues surrounding Self-represented litigants (SRLs) in our justice system, including how much, if any, assistance should a judge provide, what duties do lawyers interacting with SRLs, and many others. Using recent empirical studies from both Civil litigation and criminal defense, Jona Goldschmidt argues that SRLs’ cases cannot be fairly heard without a mandatory judicial duty of reasonable assistance. In order to maintain public trust and confidence in our justice system, self-represented parties must be guided and assisted. Courts and the legal profession should continue to adapt and meet the challenge of managing and interacting with those who choose or are compelled to self-represent. Only when self-represented litigants are embraced by the courts, they will finally receive “equal justice under law.” This book would be of interest to those studying criminal justice and legal studies, specifically legal history and legal ethics, as well as judges, lawyers and other professionals in the field.
Author | : John Charles Harris |
Publisher | : |
Total Pages | : 34 |
Release | : 1907 |
Genre | : Legal ethics |
ISBN | : |
Author | : Frank Anechiarico |
Publisher | : Lexington Books |
Total Pages | : 163 |
Release | : 2016-12-09 |
Genre | : Law |
ISBN | : 1498536395 |
Labeling a person, institution or particular behavior as “corrupt” signals both political and moral disapproval and, in a functioning democracy, should stimulate inquiry, discussion, and, if the charge is well-founded, reform. This book argues, in a set of closely related chapters, that the political community and scholars alike have underestimated the extent of corruption in the United States and elsewhere and thus, awareness of wrong-doing is limited and discussion of necessary reform is stunted. In fact, there is a class of behaviors and institutions that are legal, but corrupt. They are accepted as legitimate by statute and practice, but they inflict very real social, economic, and political damage. This book explains why it is important to identify legally accepted corruption and provides a series of examples of corruption using this perspective.
Author | : Leslie C. Levin |
Publisher | : University of Chicago Press |
Total Pages | : 401 |
Release | : 2012-03-30 |
Genre | : Law |
ISBN | : 0226475158 |
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Author | : Allan C. Hutchinson |
Publisher | : Essentials of Canadian Law |
Total Pages | : 312 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781552211298 |
Changes in the way law is practiced, and who practices it, demand a new approach to legal ethics and professional responsibility--one that stresses personal responsibility over professional regulation. Hutchinsons book is an accessible introduction to the topic and a provocative call to arms for the profession. This edition includes analysis of the Canadian Bar Associations 2006 Code of Professional Conduct.
Author | : Ḥanokh Dagan |
Publisher | : Cambridge University Press |
Total Pages | : 402 |
Release | : 2004-08-12 |
Genre | : Business & Economics |
ISBN | : 9780521829045 |
This 2004 book provides acomprehensive account of the American law of restitution.
Author | : Richard L. Lippke |
Publisher | : |
Total Pages | : 272 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0199641463 |
The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining. It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States. In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial. Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book. Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes. It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them. Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.
Author | : Krzysztof Szczucki |
Publisher | : Rowman & Littlefield |
Total Pages | : 311 |
Release | : 2022-05-09 |
Genre | : Law |
ISBN | : 1666908061 |
When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.
Author | : Euan MacDonald |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 449 |
Release | : 2011-03-05 |
Genre | : Law |
ISBN | : 9004189092 |
Recasting the critical challenge to international law in positive terms, this book examines what is left of international law if we accept both that apolitical rules are impossible and that the values used to justify them are irreducibly, radically subjective.