Lawyerly Virtues


Book Description

Lawyerly Virtues cuts to the heart of what an ethically good American lawyer should do in the rough and tumble world of day-to-day practice. The book examines, in depth (in ranked order), the ten most important lawyerly virtues and closes with a brief discussion of other miscellaneous virtues for lawyers. Virtues discussed are: Balance, Integrity, Idealism, Compassion, Courage, Creativity, Energy, Justice, Discipline and Perseverance. The book fills a gap in present day teaching at legal institutions and is a must read for every law student or current practitioner. About the author: Professor Robert F. Blomquist is Professor of Law at Valparaiso University School of Law, where he has taught since 1986. Blomquist has authored or edited several law books and nearly 80 law review articles, book chapters and essays on a wide assortment of topics. After graduating with a B.S. in Economics from the University of Pennsylvania (Wharton School) and obtaining a J.D. from Cornell Law School (where he served as Articles Editor for the Cornell International Law Journal) he practiced federal and state litigation as an associate attorney and later partner with two New Jersey law firms, winning the New Jersey State Bar Association's Young Lawyer of the Year Award. Admitted to both the New Jersey and Indiana Bars, Professor Blomquist has consulted on various environmental and torts cases and was awarded the Sagamore of the Wabash (Indiana's highest civilian honor) from Governor Evan Bayh for service on a blue ribbon state environmental reform commission. He has been a Visiting Professor and Scholar at The Australian National University, and Inaugural Visiting Professor and Scholar at the Washington, D.C. think-tank, the Center for International Environmental Law (CIEL) and has taught law in England and China. Among his other awards, he is the recipient of a White House Fellowship Regional Finalist Award, Swygert Research Fellowship, and Gromley Distinguished Law Teacher Award. Professor Blomquist received a gubernatorial appointment, and served a four year term, as Vice-Chair of the Indiana Pollution Prevention Board and was elected as a county councilman.




Law's Virtues


Book Description

Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.




Law, Virtue and Justice


Book Description

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality.




A Modern Legal Ethics


Book Description

Daniel Markovits proposes here a wholesale renovation of legal ethics, one that contributes to ethical thought generally. His book rejects the casuistry that dominates contemporary applied ethics in favour of an interpretive method that may be mimicked in other areas.







Legal Ethics and Human Dignity


Book Description

A wide-ranging collection of essays from a leading scholar of legal ethics.




Virtue, Emotion and Imagination in Law and Legal Reasoning


Book Description

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.




Law’s Abnegation


Book Description

Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.




Frankfurt School Perspectives on Globalization, Democracy, and the Law


Book Description

Frankfurt School Perspectives on Globalization, Democracy, and the Law makes use of the work of first-generation Frankfurt School theorist Franz L. Neumann, in conjunction with his famous successor, Jürgen Habermas, to try to understand the momentous political and legal transformations generated by globalization. This volume demonstrates that the Frankfurt School tradition speaks directly to some pressing political and social concerns, including globalization, the reform of the welfare state, and the environmental crisis. Despite widespread claims to the contrary, the legal substructure of economic globalization tends to conflict with traditional models of the "rule of law." Neumann’s prediction that contemporary capitalism would decreasingly depend on generality, clarity, publicity, and stability in the law is supported by a surprising variety of empirical evidence. Habermas’s recent work is then interrogated in order to pursue the question of how we might counteract the deleterious trends accurately predicted by Neumann. How might democracy and the rule of law flourish in the context of globalization? The book is intended for scholars and advanced students in political science, sociology, philosophy and cultural studies.




Virtue’s Reasons


Book Description

Virtues and reasons are two of the most fruitful and important concepts in contemporary moral philosophy. Many writers have commented upon the close connection between virtues and reasons, but no one has done full justice to the complexity of this connection. It is generally recognized that the virtues not only depend upon reasons, but also sometimes provide them. The essays in this volume shed light on precisely how virtues and reasons are related to each other and what can be learned by exploring this relationship. Virtue’s Reasons is divided into three sections, each of them devoted to a general issue regarding the relationship between virtues and reasons. The first section analyzes how the virtues may be related to, or linked with, normative reasons in ways that improve our understanding of what constitutes virtuous character and ethical agency. The second section explores the reasons moral agents have for cultivating the virtues and how the virtues impact moral responsiveness or development. The final section examines how reasons can be employed in understanding the nature of virtue, and how specific virtues, like modesty and practical wisdom, interact with reasons. This book will be of major interest to scholars working on virtue theory, the nature of moral character, and normative ethics.