Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.







From Property to Person


Book Description

Most historians accept the proposition that in the first two years of the Civil War the North's primary aim was to reestablish the Union and the Constitution, not to emancipate slaves. But when northerners began clamoring for the confiscation of southern land and slaves as a punitive, military, and revenue-raising tactic, the constitutional right to personal property, particularly human property, came into question. In From Property to Person, Silvana R. Siddali traces the resulting discourse among northern voters, politicians, military leaders, and President Lincoln, elucidating how emancipation ultimately became an essential political cause in the North. After the outbreak of civil war, many northern citizens demanded that slaves be seized as contraband without necessarily endorsing their emancipation. Siddali examines the public and political debates in the North over southerners' private property rights and explains how these deliberations set in motion the first major reconsideration of the Constitution since the Bill of Rights. Fundamental questions arose: Who had the right to control the war effort? What were the rights of rebellious citizens in a democratic Republic? How did one define human bondage that is implicitly protected in the nation's founding documents? Would the destruction of slavery irreparably damage the Constitution? Through the two Confiscation Acts of 1861 and 1862, the author argues, Americans worked out a conundrum between property rights and constitutionally protected civil liberties. The right of all human beings to freedom now trumped white southerners' right to human property. In a rich analysis of editorials, pamphlets, letters, and congressional speeches, From Property to Person reveals the swift transformation in rhetoric concerning the Constitution and its protection of private property rights. The Confiscation Acts paved the way for the Reconstruction Amendments by fostering support for a broader reach by the federal government into private property rights and envisioning a new interpretation of an individual citizen's rights and obligations.







Genuine Individuals and Genuine Communities


Book Description

A cogent blueprint for the development of a "public philosophy" that integrates shared principles and values into our troubled social structure and articulates a consensus vision of society's future. The continuing vitality of American thought stems, to a large extent, from the application of its historical roots embedded in contemporary problems and issues. Yet for some time the signal contributions of Josiah Royce (1855-1916) have been overlooked in the formulation and shaping of critical areas of public policy. In this brilliantly articulated new book, ethicist Jacquelyn Kegley carefully explicates and enlarges the scope of Roycean thought and shows that Royce's views on public philosophy have direct and valuable application to current social problems. Working from the assumption that issues of family, education, and health care are not merely exigent political tempests but areas of genuine, long-lasting concern, Kegley opens fresh perspectives on Royce's philosophy by introducing and applying his ideas to discussions of how we care for ourselves and our society today. She analyzes Roycean criteria that can be successfully used to nourish developmental stages within families, promote intellectual and social growth in schooling and scholarship, and sustain physical and mental well-being throughout the life cycle. Genuine Individuals and Genuine Communities should be a springboard for the reassessment of contemporary public policy and the reapplication of the American philosophical legacy to current issues and decisions. Kegley's work serves as a solid contribution both to public philosophy and to the continued vitality of American thought, and it extends the range of both.




The Philosophy of Loyalty


Book Description

In 1906 and 1907 I gave, as a part of my regular work at the Summer School of Harvard University, an “Introduction to Ethics, with Special. Reference to the Interests of Teachers” A few lectures, summing up the main principles that lay at the basis of this ethical course as it had been given in the summer of 1906, were delivered in January and February, 1907, before a general academic audience, during a brief visit of mine at the University of Illinois. In several other places, both in the West and in the East, I have also presented portions of my views upon ethics; and in the summer of 1907 four general lectures on the topic were repeated before the Summer School of Theology at Harvard. In November and December of 1907, the lectures that constitute the present book were delivered for the first time before the Lowell Institute in Boston. visiting lecturer, to give to undergraduate students at Yale University in weekly class meetings. The present book, although in this way related to present and past academic tasks, is, nevertheless, not a text-book, and does not mean to be elaborately technical philosophical research. It is simply an appeal to any reader who may be fond of ideals, and who may also be willing to review his own ideals in a somewhat new light and in a philosophical spirit. Loyalty is indeed an old word, and to my mind a precious one; and the general idea of loyalty is still far older than the word, and is immeasurably more precious. But this idea has nearly always been confused in men's minds by its chance social and traditional associations. Everybody has heard of loyalty; most prize it; but few perceive it to be what, in its inmost spirit, it really is, —the heart of all the virtues, the central duty amongst all duties. In order to be able to see that this is the true meaning of the idea of loyalty, one has to free this idea from its unessential if somewhat settled associations with this or that special social habit or circumstance. And in order to accomplish this latter end, one has indeed to give to the term a more exact meaning than popular usage defines. It is this freeing of the idea of loyalty from its chance and misleading associations; it is this vindication of the spirit of loyalty as the central spirit of the moral and reasonable life of man, —t is this that I believe to be somewhat new about my “Philosophy of Loyalty” The conception of “Loyalty to Loyalty”, as set forth in my third lecture, constitutes the most significant part of this ethical task. For the rest, if my philosophy is, as a theory, more or less new, I am still only trying to make articulate what I believe to be the true spirit and meaning of all the loyal, whoever they may be, and however they define their fidelity. The result of conceiving duty in terms of the conception of loyalty which is here expounded is, indeed, if I am right, somewhat deep-going and transforming, not only for ethics, but for most men's views of truth and reality, and of religion. My own general philosophical opinions have been set forth in various works some time since (most elaborately in the volumes entitled “The World and the Individual”). I have no change to report in my fundamental metaphysical theses. But I have not published any formulation of my ethical opinions since the brief review of ethical problems in the first part of my “Religious Aspect of Philosophy” (published in 1885). One learns a good deal about ethics as one matures. And I believe that this present statement of mine ought to help at least some readers to see that such philosophical idealism as I have long maintained is not a doctrine remote from life, but is in close touch with the most practical issues; and that religion, as well as daily life, has much to gain from the right union of ethics with a philosophical theory of the real world. At the moment there is much speech, in current philosophical literature, regarding the “nature of truth“ and regarding “pragmatism” An ethical treatise very naturally takes advantage of this situation to discuss the relation between the “practical” and —the Eternal. I have done so in my closing lectures. In order to do so, I have had to engage in a certain polemic regarding the problem of truth, —a polemic directed against certain opinions recently set forth by one of the “dearest of my friends, and by one of the most loyal of men; my teacher for a while in my youth; my honoured colleague for many years, —Professor William James. Such a polemic would be indeed much out of place in a book upon Loyalty, were it not that my friend and myself fully agree that, to both of us, truth indeed “is the greater friend” Had I not very early in my work as a student known Professor James, I doubt whether any poor book of mine would ever have been written, —least of all the present one. What I personally owe him, then, I most heartily and affectionately acknowledge. But if he and I do not see truth in the same light at present, we still do well, I think, as friends, each to speak his mind as we walk by the way, and then to wait until some other light shines for our eyes. I suppose that so to do is loyalty. Meanwhile, I am writing, in this book, not merely and not mainly for philosophers, but for all those who love, as I said, ideals, and also for those who love, as I may now add, their country, —a country so ripe at present for idealism, and so confused, nevertheless, by the vastness and the complication of its social and political problems. To simplify men's moral issues, to clear their vision for the sight of the eternal, to win hearts for loyalty, —this would be, in this land, a peculiarly precious mission, if indeed I could hope that this book could aid, however little, towards such an end. Amongst the numerous friends to whom (whether or no they agree with all my views) I am especially indebted for direct and indirect aid in preparing this book, and for criticisms and other suggestions, I must mention: first, my wife, who has constantly helped me with her counsel, and in the revision of my text; then, my sister, Miss Ruth Royce, of San José, California, with whom I discussed the plan of the work in the summer of 1907; then, Doctor and Mrs. R. C. Cabot of Boston; Doctor J. J. Putnam of Boston; and, finally, my honoured colleague, Professor George H. Palmer....FROM THE BOOKS.




Loyalty to Loyalty:Josiah Royce and the Genuine Moral Life


Book Description

This work engages Royce's moral theory, revealing how loyalty rather than being just one virtue among others, is central to living a genuinely moral and meaningful life. Foust shows how the theory of loyalty Royce advances can be brought to bear on issues such as the partiality/impartiality debate in ethical theory.




RECONSTRUCTION & AN APPEAL TO CONGRESS FOR IMPARTIAL SUFFRAGE


Book Description

Frederick Douglass, a former slave and eminent human rights leader in the abolition movement, was the first black citizen to hold a high U.S. government rank. Abolitionist leader Frederick Douglass was born into slavery in Talbot County, Maryland. He became one of the most famous intellectuals of his time, advising presidents and lecturing to thousands on a range of causes, including women's rights and Irish home rule. Among Douglass' writings are several autobiographies eloquently describing his experiences in slavery and his life after the Civil War.