Canons of Judicial Ethics

Canons of Judicial Ethics
Author: R. C. Lahoti
Publisher: Universal Law Publishing
Total Pages: 112
Release: 2005
Genre: Judges
ISBN: 9788175344631

First M.C. Setalvad Memorial Lecture, held at India Habitat Centre, New Delhi on 22nd Feb., 2005.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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.

The Canon Of Judicial Ethics Vs corruption

The Canon Of Judicial Ethics Vs corruption
Author: DR. K.V. SREENIVASAN
Publisher: Clever Fox Publishing
Total Pages: 266
Release: 2022-03-19
Genre: Law
ISBN:

“A man without ethics is a wild beast loosed upon this world”. Persons in Public life are expected to be moral exemplars of morality and ethics as they have pledged to uphold and defend that realm” -------The French Nobel Prize winning Author and Philosopher Albert Camus. (Especially the Hon. Judiciary who are worshiped by the common man as equivalent to God should follow the normal ethics of common man and in addition should follow the Judicial Ethics. There is no dividing line between their personal and public life. Private lives of public figures (like that of Judiciary ) are wide open to public scrutiny. What they do in their private life matters and does impact their public responsibilities. Can they be ethical in public if they are unethical in private? The ethical private life only the foundation basis for the ethical public (Judicial) Ethics. Their private life reveals more about morals than their sound bites. For the society to progress and prosper, we need to have individuals in public life with competence, honesty, dedication, humility, experience and selfless determination above all else. Those in public life who expect others to observe the moral and ethical standards enforced in society must act as icons by rigorously following them first. They must say what they mean and always mean what they say. Their word must always be their bond. Above all their actions must speak louder than their words. They must always be judged on what they say and what they actually do and be transparent and accountable to those that they are privileged to serve. Let we form the best Ethical judicial system in India. Hence this book speaks all about that in detail. Jai Hind

Judicial Integrity

Judicial Integrity
Author:
Publisher: BRILL
Total Pages: 321
Release: 2004-05-01
Genre: Law
ISBN: 9047413717

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

The Concept of Dilemma in Legal and Judicial Ethics

The Concept of Dilemma in Legal and Judicial Ethics
Author: Przemysław Kaczmarek
Publisher: Wydawnictwo C.H.Beck
Total Pages: 355
Release: 2018-10-12
Genre: Education
ISBN: 8381580404

Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.

General Principles of Law and International Due Process

General Principles of Law and International Due Process
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
Total Pages: 305
Release: 2017-02-15
Genre: Law
ISBN: 0190642726

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.