Cover: The Practice of Justice: A Theory of Lawyers’ Ethics, from Harvard University PressCover: The Practice of Justice in PAPERBACK

The Practice of Justice

A Theory of Lawyers’ Ethics

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$40.00 • £34.95 • €36.95

ISBN 9780674002753

Publication Date: 03/15/2000


264 pages

6 x 9 inches


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Related Subjects

  • 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

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