Professional Legal Ethics
Critical Interrogations
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Product details:
- Publisher OUP Oxford
- Date of Publication 3 February 2000
- ISBN 9780198764717
- Binding Hardback
- No. of pages342 pages
- Size 242x163x23 mm
- Weight 643 g
- Language English 0
Categories
Short description:
Professional Legal Ethics: Critical Interrogations provides the first in-depth analysis and sustained critique of the ethics of English and Welsh lawyers. Drawing on a wide variety of disciplines, it argues that professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the context of legal practice and the core ethical issues facing lawyers, the authors locate this failure in the influence of liberalism and formalism, which leads lawyers to undermine the very values of human dignity and autonomy which they are meant to serve and to overlook the impact their actions might have on third parties, the wider community and the environment By contrast, the authors propose a contextual approach to individual ethical decision-making and outline a range of practical reforms aimed at encouraging a more ethical legal profession.
MoreLong description:
Ethics and regulation have become catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book represents the first attempt to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers' ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualises the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. This encourages lawyers to overlook the real invasions of these values so often wrought by upholding clients legal rights, and to ignore the competing claims of affected third parties, the wider community and the environment In seeking to move beyond critique, the authors develop throughout the book a contextual approach to individual ethical decision-making and outline a range of institutional, regulatory and educational reforms which, they suggest, could form the basis for a more ethical brand of professionalism.
Professional Legal Ethics: Critical Interrogations is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of professional ethics and regulation.
Nicolson and Webb's lucid exploration of specifically Anglo-Welsh professional ethics is extremely valuable, both for its comprehensive coverage of the issues and for its critical appraisal of them...This is an excellent book. Its assessments are clear-eyed and convincing...It works both as an outstanding primer on the current debate on adversarial ethics and as a serious proposal for their future. I highly recommend it.
Table of Contents:
1. Introduction
Lawyers And Justice
Defining Professional Legal Ethics
Aims, Methods And Arguments
2. The Philosophical Context: Theoretical Approaches To The Content And Status Of Ethics
Introduction
The Scope Of Philosophical Ethics
Deontological Ethics
Consequentialism
Virtue Ethics
Psychology, Feminism And The Ethic Of Care
Postmodernism And The Ethics Of Alterity
Conclusion
3. The Social Context: Professional Deals And Institutional Settings
Introduction
The Ideals Of The Legal Professions
The Procedural Context
Professional Structures And Institutional Contexts
The Demographic Context
The Educational Context
The Business Context
Conclusions
4. The Regulatory Context: Ethics And Professional Self-Regulation
Introduction
The Institutions Of Self-Regulation
Codes Of Conduct
The Enforcement Mechanisms
5. Duties To The Client: Autonomy And Control In The Lawyer-Client Relationship
Introduction
Boundaries Of Autonomy
The Legal Basis Of Lawyer-Client Relations
Control In The Lawyer-Client Relationship
Autonomy: A Critique And Re-Evaluation
Reconceptualising Duties To The Client
Conclusion: Implication For The Form And Focus Of Codes
6. The Lawyers Amoral Role And Lawyer Immorality
Introduction
The Lawyers Amoral Role
Criticisms Of Lawyer Behaviour
Conclusion
7. Justifying Neutral Partisanship
Introduction
Neutral Partisanship And Adversarial System
Neutral Partisanship And Liberal Values
Neutral Partisanship And The Institutions Of Liberal Government
Conclusion
8. Reforming The Lawyers Amoral Role
Introduction
Alternatives To Neutral Partisanship
Moral Activism And Ethical Foundations
A Contextual Approach To Immoral Ends And Means
Immoral Ends And Decisions To Represent
Immoral Means And Lawyer Tactics
A Decision Making Schema For Morally Activist Lawyers
9. Confidentiality
Introduction
The Current Position
Criticisms Of The Current Position
Jusitfying Confidentiality
A Contextual Approach To Confidentiality
Conclusion
10. Conclusion: Towards A More Ethical Profession
The Dominance Of Formalism And Liberalism
The Contextual Alternative
Possible Objections To A Contextual Approach
Institutionalising An Ethical Professionalism
