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.
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.
Download or read book The Conscience of a Lawyer written by John A. Salmond and published by University Alabama Press. This book was released on 2020-11-10 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clifford Judkins Durr was an Alabama lawyer who played an important role in defending activists and other accused of disloyalty during the New Deal and McCarthy eras. His uncompromising commitment to civil liberties and civic decency caused him to often take unpopular positions. In 1933, Durr moved to Washington to work as a lawyer for the Reconstruction Finance Corporation, a creation of Roosevelt’s new Democratic administration, becoming a dedicated New Dealer in the process. He was then appointed by President Franklin D. Roosevelt to the Federal Communications Commission (FCC), a politically sensitive position as FDR sought to counter the increasing power and concentration of broadcasters, many of whom were opponents of the New Deal. Durr resigned from the FCC in 1948 and after brief employment with the National Farmers Union in Colorado, the Durrs eventually returned to Montgomery, Alabama in the hope of returning to a more prosperous, less controversial life. Durr continued to practice in Montgomery as counsel for black citizens whose rights had been violated and ultimately, in December, 1955, when police arrested Rosa Parks for refusing to give her bus seat to a white man he stepped in and lent his extensive legal prowess to her case and the continuing quest for civil rights. Closing his firm in 1964 Durr began to lecture in the United States and abroad. He died at his grandfather's farm in 1975
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.
Download or read book Christianity and the Laws of Conscience written by Jeffrey B. Hammond and published by Cambridge University Press. This book was released on 2021-06-24 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Download or read book Conscience and Conviction written by Kimberley Brownlee and published by OUP Oxford. This book was released on 2012-10-18 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
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:
Download or read book Law and Veganism written by Jeanette Rowley and published by Rowman & Littlefield. This book was released on 2021-11-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our complex, consumerist societies, the intricacy of personal interactions and the number of goods and products available often prevents us from direct knowledge of what lies ‘behind’ food behaviors, ingredients, and the origins of the modern food and agriculture supply chain. Over the last decade or so, scholars, lawyers and engaged lay vegans have had many discussions about vegan rights and discrimination as issues intrinsic to animal rights, but the final frontier remains intact: the direct concerns of other animals. To give effect to the rights of animals, we must recognize and defend the human right—or duty, as many uphold-- to care about them. Including contributors from Australia, the United States, Germany, Italy, France, Canada, Portugal, and the United Kingdom, this book explores the rights of vegans and how vegans can be protected from discrimination. Using an international socio-legal lens, the contributors discuss constitutional issues, vegan legal cases, the concept of protection for vegan ‘belief’ in human rights and equality law, the legal requirement to provide vegan food, animal agriculture and plant-based, vegan food in the context of the human right to food, and the rights of vegans in education and in health care. This book will be of interest to practicing lawyers, legal and critical legal scholars, scholars of vegan, and critical animal studies, and commentors on socio-political issues alike.
Download or read book Salt of the Earth Conscience of the Court written by John M. Ferren and published by Univ of North Carolina Press. This book was released on 2006-03-08 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kentucky-born son of a Baptist preacher, with an early tendency toward racial prejudice, Supreme Court Justice Wiley Rutledge (1894-1949) became one of the Court's leading liberal activists and an early supporter of racial equality, free speech, and church-state separation. Drawing on more than 160 interviews, John M. Ferren provides a valuable analysis of Rutledge's life and judicial decisionmaking and offers the most comprehensive explanation to date for the Supreme Court nominations of Rutledge, Felix Frankfurter, and William O. Douglas. Rutledge was known for his compassion and fairness. He opposed discrimination based on gender and poverty and pressed for expanded rights to counsel, due process, and federal review of state criminal convictions. During his brief tenure on the Court (he died following a stroke at age fifty-five), he contributed significantly to enhancing civil liberties and the rights of naturalized citizens and criminal defendants, became the Court's most coherent expositor of the commerce clause, and dissented powerfully from military commission convictions of Japanese generals after World War II. Through an examination of Rutledge's life, Ferren highlights the development of American common law and legal education, the growth of the legal profession and related institutions, and the evolution of the American court system, including the politics of judicial selection.
Download or read book Shocking the Conscience of Humanity written by Margaret M. deGuzman and published by Oxford University Press, USA. This book was released on 2020-04-13 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
Download or read book Conscience and Love in Making Judicial Decisions written by Alexander Nikolaevich Shytov and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
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.
Download or read book The Conscience of the Constitution written by Timothy Sandefur and published by Cato Institute. This book was released on 2013-11-12 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Download or read book The Conscience of a Lawyer Conscience of a Lawyer Conscience of a Lawyer written by Emeritus Professor of American History John A Salmond and published by . This book was released on 2014-05-14 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clifford Durr's uncompromising commitment to civil liberties and civic decency caused him often to take unpopular positions. Durr was born into a comfortable, upper-middle-class family in Montgomery, Alabama in 1899. He practiced law briefly in Montgomery, Milwaukee, and Birmingham, when at the urging of Hugo Black, his brother-in-law, he moved to Washington to work as a lawyer for the Reconstruction Finance Corporation, a creation of Roosevelt's new Democratic administration, and later to help found the Federal Communication Commission.
Download or read book Conscience of Lawyers in International Criminal Law the Burden of Doppelg ngers written by Farhad Malekian and published by . This book was released on 2021-11-30 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empowering ethical codes is vital in all branches of law because without these codes we would be unable to differentiate between right and wrong in our personal judgments. Lawyers can either be the most precious or the most precarious parties in a criminal case, depending on the state of their conscience. In such cases, immorality replaces morality, and legal norms become pawns in a game, the goal of which is to serve the economic interests of the lawyer. The lawyer becomes a greater threat to the truth when they support the establishment of special tribunals meant to hide the truth, such as was seen in Iraq, or when they receive payment in order to cover up genocide in places such as Myanmar and in the territories of the superpowers. Such lawyers then turn around and condemn the same crimes in places such as China. They speak out against crimes against humanity carried out by the Iranian government, but do not say a single word about crimes against humanity, war crimes, and genocide committed by the Saudi Arabian Israeli, American, French, and British governments. Here, doppelgänger attorneys do not present the true image of justice, but rather work to convince the international public that their brutal clients are innocent. The situation is even more complicated when we are dealing with very sensitive questions of international criminal justice under various criminal procedures directed by lawyers in the ICJ, the ICC, or in ad hoc tribunals. What is the nature of integrity, impartiality, conscience, truth, and payments, and why are lawyers increasingly being sponsored and directed by outsiders? This book reveals the forbidden truth--an embarrassment and moral weakness of conscience. The reader can hardly put the book down! Every library should obtain it.
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.
Download or read book Counsel and Conscience written by Benjamin T. G. Mayes and published by Vandenhoeck & Ruprecht. This book was released on 2011-08-17 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lutheran Germany of the post-Reformation era (ca. 1580–1750), a genre of pastoral, ethical writings arose that consisted in casuistry and in topically or thematically related theological counsels. In this first volume of the new Refo500 series Mayes shows that this casuistry literature was intended to instruct and comfort the consciences of Christians. Lutheran casuistry, related to but also distinct from Roman Catholic and Reformed counterparts, arose especially as pastors looked within Holy Scripture, the medieval tradition, and the writings of Martin Luther and other Lutheran authorities for answers to ethical problems and doctrinal disputes, and then catalogued their findings. As an extensive example from this genre Mayes examines the Thesaurus Consiliorum Et Decisionum, published in 1671 by Georg Dedekenn and Johann Ernst Gerhard. This Thesaurus was an anthology of wise advice from Lutheran theologians and jurists, published to encourage readers to avoid individualistic ethical choices and instead to engage in an "aristocratic" process of moral decision making in which one would consult the wise men of the past and present. The counsels included in the Thesaurus address inter-confessional disputes, intra-Lutheran disputes, sacraments, church government, pastoral ministry, social ethics, marriage, sexual ethics, and many other topics. The topics of divorce and remarriage, especially, show the different ways in which Lutherans reasoned about moral matters. The author shows that in the Thesaurus the Lutheran casuistry literature, which has been overlooked in most scholarship of the 20th and 21st centuries, was in bloom. It arose to meet the needs of people who had doubts, and it continued to instruct and console Christian consciences for many generations.
