By David Luban
David Luban is among the world's prime students of criminal ethics. during this selection of his most important papers he levels over such themes because the ethical psychology of organisational evil, the strengths and weaknesses of the adversary method, and jurisprudence from the lawyer's perspective. His dialogue combines philosophical argument, felony research and lots of circumstances drawn from genuine legislation perform, and he defends a idea of felony ethics that makes a speciality of legal professionals' function in improving human dignity and human rights. as well as an analytical advent, the quantity contains significant formerly unpublished papers, together with a close critique of the USA executive attorneys who produced the infamous 'torture memos'. will probably be of curiosity to quite a lot of readers in either philosophy and legislations.
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Extra info for Legal ethics and human dignity
Shortly after introducing these principles, Schwartz raises two points about them: It might be argued, that the law cannot convert an immoral act into a moral one, nor a moral act into an immoral one, by simple fiat. Or, more fundamentally, the lawyer’s nonaccountability might be illusory if it depends upon the morality of the adversary system and if that system is immoral . . 8 4 1 William Whewell, The Elements of Morality, Including Polity 258–59 (John W. Parker, 1845). George Sharswood, A Compend of Lectures on the Aims and Duties of the Profession of the Law 84 (T.
He sells to his Client, 1 Roy Cohn, interview, Nat’l L. , Dec. 1, 1980, at 46. , 1978). 3 Samuel Taylor Coleridge, Duties and Needs of an Advocate, in The Table Talk and Omniana of Samuel Taylor Coleridge 140–41 (T. , George Bell and Sons, 1888). 2 20 le g al e t hi cs a n d h u m an di gn it y not only his skill and learning, but himself. 4 Whewell’s position is not commonly acknowledged to be valid. ”5 A lawyer is not to judge the morality of the client’s cause; it is irrelevant to the morality of the representation.
These duties of zeal, disinterestedness, and confidentiality – what might be called the Three Pillars of Advocacy – form the core of an attorney’s professional obligations. The structure of the adversary system, then – its fission of adjudication into a clash of one-sided representations – explains why Schwartz’s Principle of Professionalism holds. But it explains the Principle of Nonaccountability as well. If advocates restrain their zeal because of moral compunctions, they are not fulfilling their assigned role in the adversary proceeding.