Lawyers and Justice


Book Description

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.




Lawyers and Justice


Book Description




Rebooting Justice


Book Description

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.




Law, Lawyers and Justice


Book Description

This book engages with the place of law and legality within Australia’s distinctive contribution to global televisual culture. Australian popular culture has created a lasting legacy – for good or bad – of representations of law, lawyers and justice ‘down under’. Within films and television of striking landscapes, peopled with heroes, antiheroes, survivors and jokers, there is a fixation on law, conflicts between legal orders, brutal violence and survival. Deeply compromised by the ongoing violence against the lives and laws of First Nation Australians, Australian film and television has sharply illuminated what it means to live with a ‘rule of law’ that rules with a legacy, and a reality, of deep injustice. This book is the first to bring together scholars to reflect on, and critically engage with, the representations and global implications of law, lawyers and justice captured through the lenses of Australian film, television and social media. Exploring how distinctively Australian lenses capture uniquely Australian images and narratives, the book nevertheless engages these in order to provide broader insights into the contemporary translations and transmogrifications of law and justice.




THE PRACTICE OF JUSTICE


Book Description

William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.




Unequal Justice


Book Description

Auerbach here focuses on the elite nature of the profession, examining its emphasis on serving business interests and its attempts to exclude participation by minorities.




Lawyers' Ethics and the Pursuit of Social Justice


Book Description

Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.




No Contest


Book Description

The legal rights of Americans are threatened as never before. In No Contest, Ralph Nader and Wesley J. Smith reveal how power lawyers--Kenneth Starr perhaps the most notorious among them--misuse and manipulate the law at the expense of fairness and equity. Nader and Smith document how corporate lawyers File baseless lawsuits Use court secrecy to their unfair advantage Engage in billing fraud Nader and Smith sound the warning that this system-wide abuse is eroding our basic legal rights, and propose a positive, commonsense vision of what should be done to reverse the corporate-inspired corruption of civil justice. Timely, incisive, and highly readable, this is a book for all citizens who believe that prompt access to justice is the backbone of democracy, and a precious right to be reclaimed.




Pillars of Justice


Book Description

The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.




The Role of Lawyers in Access to Justice


Book Description

To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.