Professional Legal Ethics: Critical Interrogations

Author:   Donald Nicolson (Lecturer in Law, Lecturer in Law, University of Strathclyde) ,  Julian Webb (Professor of Law, Professor of Law, University of Westminster)
Publisher:   Oxford University Press
ISBN:  

9780198764717


Pages:   342
Publication Date:   03 February 2000
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Professional Legal Ethics: Critical Interrogations


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Author:   Donald Nicolson (Lecturer in Law, Lecturer in Law, University of Strathclyde) ,  Julian Webb (Professor of Law, Professor of Law, University of Westminster)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.30cm , Length: 24.20cm
Weight:   0.643kg
ISBN:  

9780198764717


ISBN 10:   0198764715
Pages:   342
Publication Date:   03 February 2000
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction Lawyers And Justice Defining Professional Legal Ethics Aims, Methods And Arguments 2. The Philosophical Context: Theoretical Approaches To The Content And Status Of Ethics Introduction The Scope Of Philosophical Ethics Deontological Ethics Consequentialism Virtue Ethics Psychology, Feminism And The Ethic Of Care Postmodernism And The Ethics Of Alterity Conclusion 3. The Social Context: Professional Deals And Institutional Settings Introduction The Ideals Of The Legal Professions The Procedural Context Professional Structures And Institutional Contexts The Demographic Context The Educational Context The Business Context Conclusions 4. The Regulatory Context: Ethics And Professional Self-Regulation Introduction The Institutions Of Self-Regulation Codes Of Conduct The Enforcement Mechanisms 5. Duties To The Client: Autonomy And Control In The Lawyer-Client Relationship Introduction Boundaries Of Autonomy The Legal Basis Of Lawyer-Client Relations Control In The Lawyer-Client Relationship Autonomy: A Critique And Re-Evaluation Reconceptualising Duties To The Client Conclusion: Implication For The Form And Focus Of Codes 6. The Lawyers Amoral Role And Lawyer Immorality Introduction The Lawyers Amoral Role Criticisms Of Lawyer Behaviour Conclusion 7. Justifying Neutral Partisanship Introduction Neutral Partisanship And Adversarial System Neutral Partisanship And Liberal Values Neutral Partisanship And The Institutions Of Liberal Government Conclusion 8. Reforming The Lawyers Amoral Role Introduction Alternatives To Neutral Partisanship Moral Activism And Ethical Foundations A Contextual Approach To Immoral Ends And Means Immoral Ends And Decisions To Represent Immoral Means And Lawyer Tactics A Decision Making Schema For Morally Activist Lawyers 9. Confidentiality Introduction The Current Position Criticisms Of The Current Position Jusitfying Confidentiality A Contextual Approach To Confidentiality Conclusion 10. Conclusion: Towards A More Ethical Profession The Dominance Of Formalism And Liberalism The Contextual Alternative Possible Objections To A Contextual Approach Institutionalising An Ethical Professionalism

Reviews

Nicolson and Webb's lucid exploration of specifically Anglo-Welsh professional ethics is extremely valuable, both for its comprehensive coverage of the issues and for its critical appraisal of them...This is an excellent book. Its assessments are clear-eyed and convincing...It works both as an outstanding primer on the current debate on adversarial ethics and as a serious proposal for their future. I highly recommend it. Emily Henderson Cambridge Law Journal detailed treatment of a formidably wide range of legal ethics. David Wood, Journal of Law and Society Vol 27 No 3 (2000)


Author Information

Donald Nicolson taught at the Universities of Cape Town, Warwick and Reading before taking up a post at the University of Bristol in 1992. Here he taught jurisprudence, legal methods, criminal law and gender and the law. He also has a research interest in evidence theory. He is currently at the School of Law at the University of Strathclyde. Julian Webb: After completing a research degree at Warwick University in the early 1980s, Julian held various teaching and research posts in London before moving to the University of the West of England, Bristol in 1988, where he was consecutively a senior and principal lecturer in the Law Faculty and, finally, Professor of Socio-Legal Studies. In March 1999 he returned to London as Professor of Law at the University of Westminster, where he continues to teach and research in the areas of dispute resolution, legal ethics and legal education.

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