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Author: David Lyons Publisher: Cambridge University Press ISBN: 9780521277129 Category : Law Languages : en Pages : 244
Book Description
This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
Author: David Lyons Publisher: Cambridge University Press ISBN: 9780521277129 Category : Law Languages : en Pages : 244
Book Description
This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
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.
Author: Dr Vesselin Popovski Publisher: Ashgate Publishing, Ltd. ISBN: 1472428056 Category : Law Languages : en Pages : 233
Book Description
This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.
Author: Larry Alexander Publisher: Duke University Press ISBN: 0822380021 Category : Law Languages : en Pages : 289
Book Description
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
Author: Catherine O'Grady Publisher: West Academic Publishing ISBN: 9781642429947 Category : Languages : en Pages : 150
Book Description
This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."
Author: James R. Clapper Publisher: Penguin ISBN: 0525558667 Category : Biography & Autobiography Languages : en Pages : 466
Book Description
The former Director of National Intelligence speaks out in this New York Times bestseller When he stepped down in January 2017 as the fourth United States Director of National Intelligence, James Clapper had been President Obama's senior intelligence advisor for six and a half years, longer than his three predecessors combined. He led the US Intelligence Community through a period that included the raid on Osama bin Laden, the Benghazi attack, the leaks of Edward Snowden, and Russia's influence operation on the 2016 U.S election. In Facts and Fears, Clapper traces his career through the growing threat of cyberattacks, his relationships with Presidents and Congress, and the truth about Russia's role in the presidential election. He describes, in the wake of Snowden and WikiLeaks, his efforts to make intelligence more transparent and to push back against the suspicion that Americans' private lives are subject to surveillance. Finally, it was living through Russian interference in the 2016 presidential election and seeing how the foundations of American democracy were--and continue to be--undermined by a foreign power that led him to break with his instincts grown through more than five decades in the intelligence profession, to share his inside experience. Clapper considers such controversial questions as, is intelligence ethical? Is it moral to intercept communications or to photograph closed societies from orbit? What are the limits of what we should be allowed to do? What protections should we give to the private citizens of the world, not to mention our fellow Americans? Is there a time that intelligence officers can lose credibility as unbiased reporters of hard truths by asserting themselves into policy decisions? Facts and Fears offers a privileged look inside the United States intelligence community and addresses with the frankness and professionalism for which James Clapper is known some of the most difficult challenges in our nation's history.
Author: Imer B. Flores Publisher: Springer Science & Business Media ISBN: 940074742X Category : Philosophy Languages : en Pages : 196
Book Description
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
Author: Yuval Feldman Publisher: ISBN: 1107137101 Category : Law Languages : en Pages : 257
Book Description
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
Author: David Lyons
Author: David Lyons
Author: American Bar Association. House of Delegates
Author: Dr Vesselin Popovski
Author: Larry Alexander
Author: Lon Luvois Fuller
Author: Catherine O'Grady
Author: American Bar Association
Author: James R. Clapper
Author: Imer B. Flores
Author: Yuval Feldman