- Introduction
- An Anxious Profession
- The Moral Terrain of Lawyering
- The Dominant View and Alternatives
- A Preview
- False Starts
- A Right to Injustice
- The Entitlement Argument
- The Libertarian Premise
- The Positivist Premise
- Libertarianism versus Positivism
- The Problem of Retroactivity
- The Problem of Private Legislation
- Conclusion
- Justice in the Long Run
- Confidentiality
- The Adversary System and Trial Preparation
- Identification with Clients and Cognitive Dissonance
- The Efficiency of Categorical Norms
- Aptitude for Complex Judgment
- Conclusion
- Should Lawyers Obey the Law?
- Lawyer Obligation in the Dominant View
- Positivist versus Substantive Conceptions of Law
- The Pervasiveness of Implicit Nullification
- Some Clarification about Nullification
- Nullification versus Reform
- Tax versus Prohibition
- Determination versus Obligation
- A Prima Facie Obligation?
- Divorce Perjury and Enforcement Advice Revisited
- Conclusion
- Legal Professionalism as Meaningful Work
- The Problem of Alienation
- The Professional Solution
- The Lost Lawyer
- The Brandeisian Evasions
- Self-Betrayal
- Conclusion
- Legal Ethics as Contextual Judgment
- The Structure of Legal Ethics Problems
- Some Objections
- The Moral Terrain of Lawyering Revisited
- Is Criminal Defense Different?
- Contested Issues
- Weak Arguments for Aggressive Criminal Defense
- Social Work, Justice, and Nullification
- The Stakes
- Conclusion
- Institutionalizing Ethics
- A Contextual Disciplinary Regime: The Tort Model
- Restructuring the Market for Legal Services
- Conclusion
- Notes
- Further Reading
- Acknowledgments
- Index
The Practice of Justice
A Theory of Lawyers’ Ethics
Product Details
PAPERBACK
$40.00 • £34.95 • €36.95
ISBN 9780674002753
Publication Date: 03/15/2000
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