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A Modern Legal Ethics: Adversary Advocacy in a Democratic Age download ebook

by Daniel Markovits

A Modern Legal Ethics: Adversary Advocacy in a Democratic Age download ebook
ISBN:
0691121621
ISBN13:
978-0691121628
Author:
Daniel Markovits
Publisher:
Princeton University Press (October 19, 2008)
Language:
Pages:
376 pages
ePUB:
1599 kb
Fb2:
1687 kb
Other formats:
mobi mbr doc lit
Category:
Humanities
Subcategory:
Rating:
4.2

Markovits proposes an ambitious reconstruction of professional legal ethics in which ethical justification should be sought not only impartially but also from the agent’s – that is, the lawyer’s – point of view.

A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like-not psychologically but ethically-to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients.

A democratic age. Daniel Markovits. Princeton university press princeton and oxford.

Read unlimited books and audiobooks on the web, iPad, iPhone and Android. A democratic age.

Markovits has given us in A Modern Legal Ethics a profound, provocative, and closely argued .

Markovits has given us in A Modern Legal Ethics a profound, provocative, and closely argued philosophical treatment of his subject. -Robert E. Rodes, J. American Journal of Jurisprudence. In a refreshing break from the positivist battle over the moral function of lawyers in an adversary system of adjudication, A Modern Legal Ethics investigates whether it is even possible for lawyers to occupy an ethical role in modern society.

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A Modern Legal Ethics book. Goodreads helps you keep track of books you want to read. Start by marking A Modern Legal Ethics: Adversary Advocacy in a Democratic Age as Want to Read: Want to Read saving. Start by marking A Modern Legal Ethics: Adversary Advocacy in a Democratic Age as Want to Read: Want to Read savin. ant to Read.

The problem at the heart of Daniel Markovits’s challenging new book A Modern Legal Ethics: Adversary Advocacy in a Democratic Age1 is a familiar one: may a lawyer present her client’s case in a manner calculated t. .

The problem at the heart of Daniel Markovits’s challenging new book A Modern Legal Ethics: Adversary Advocacy in a Democratic Age1 is a familiar one: may a lawyer present her client’s case in a manner calculated to lead others to adopt her client’s story, even though the lawyer is aware of facts that make the adversary’s story likelier. The legal profession answers Yes. In fact, says Markovits, the legal profession takes the view that a lawyer who has agreed to represent a client is obligated to present the client’s case in a way calculated to lead others to believe the client, even when the client’s contentions are actually false.

Legal Ethics & Professional Responsibility eJournal.

Markovits proposes an ambitious reconstruction of professional legal ethics in which ethical justification should be sought not only impartially but also from the agent’s – that is, the lawyer’s – point of view. Legal Ethics & Professional Responsibility eJournal.

Recommended Citation

Recommended Citation. Robert Rodes, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age, 54 Am. J. Juris. edu/law faculty scholarship/1089. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. Markovits ends on a somewhat rueful note, pointing out that the social and professional structures that taught lawyers their role, supported them in exercising it, and affirmed their integrity in doing so have been considerably eroded in recent times

2008: A Modern Legal Ethics: Adversary Advocacy in a Democratic Ag. "Daniel Markovits - Yale Law School".

2008: A Modern Legal Ethics: Adversary Advocacy in a Democratic Age. 2012: Contract Law and Legal Methods (Foundation Press). 2015: "The Distributional Preferences of an Elite," Science. 2019: The Meritocracy Trap (Penguin Press). "YLS 2015 Commencement: Graduates Encouraged to Ask "Where Am I Needed?"-PHOTOS, VIDEO, SPEECHES". Fisman, Raymond; Jakiela, Pamela; Kariv, Shachar; Markovits, Daniel (September 18, 2015)

A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally.

Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy.

Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity.