This ground-breaking book offers a practitioner-oriented overview of professional standards in all aspects of policing. With a radical, scenario-based approach, featuring both the extraordinary and the seemingly mundane, it aims to capture some of the complexities and interpretations that form the basis of such professional standards in policing today. Awareness of professional ethics has become not only a central requirement of officers seeking promotion to the senior ranks, but also a necessity within the training framework of UK policing, so the editors have brought together contributions from both practitioners and academics in order stimulate debate and present contrasting views. Split into five parts, each begins with a realistic scenario posing a distinctive dilemma, not just ethical but also legal and political. Ranging from community policing and the use of intelligence to problems arising from the conduct of superiors, the scenarios invite the reader to place themselves in the midst of an acute policing dilemma and asks how they would navigate an appropriate path through it to a desirable end. As the reader considers such questions, contributions from police officers both in the UK and abroad, as well as academics connected to the policing world, offer personal and professional responses to the situation at hand - resulting in wildly differing but no less important opinions. Finally, each of the five parts concludes with commentary from the editors which, rather than offer solutions, seeks to frame both the scenario and response within a more neutral setting. Equally, and perhaps understandably, these commentaries also throw into sharp relief the plethora of opinions and perspectives that have yet to be addressed. Professional Police Practice represents a considered but innovative evaluation of the nature of professional standards within policing, using common, everyday dilemmas that any police officer would recognise. By drawing on a range of opinions, from different areas of policing and different jurisdictions, the editors hope to inspire a degree of reflection and self-examination in anyone, either within policing or connected to it, as they consider the dilemma and their own response to it, and challenge them to recognise similar difficulties in their own operational roles.

Professionals function in what can be called ""social practices."" Norms in the practice set professionals' responsibilities and rights and classify what is seen as morally proper and improper. Tensions arise when norms emerge that are not coherent with the nature of the practice. For example, when a hospital is assessed on the basis of economic criteria only, staff will feel uncomfortable and find difficulty in functioning properly in that practice. The Normative Nature of Social Practices and Ethics in Professional Environments is an essential research book that helps professionals in a variety of practices understand how normativity in their practice either helps or hampers them to function well and align with what they see as their personal and professional responsibility. Additionally, it explains the normative practical model/approach and how it can be applied to a series of concrete practices, as well as the role of innovative and disruptive technologies in these practices. Featuring a broad range of topics such as governance theory, sustainable development, and engineering, this book is ideally designed for managers, philosophers, sociologists, professionals, academicians, and researchers.

This 2006 book provides a fully annotated discussion of the ethical universe surrounding state-mandated and private legal disputes involving the custody and best interest of children. It surveys thousands of court cases, statutes, state bar ethics codes, Attorney General opinions and model codes regarding ethical constraints in family and dependency proceedings. The book not only analyzes ethical rules in terms of the chronology of these proceedings, it also surveys those principles for each of the primary participants - children's counsel, parents' counsel, government attorneys and judges. The book contains chapters on pre-hearing alternative dispute resolution, motion and trial practice, appellate procedures and separation of powers. Finally, the book provides a complete child abuse case file with a comprehensive analysis of the inherent ethical issues.

For more than a decade, American lawyers have bewailed the ethical crisis in their profession, wringing their hands about its bad image. But their response has been limited to spending money on public relations, mandating education, and endlessly revising ethical rules. In Lawyers in the Dock, Richard L. Abel argues that these measures will do little or nothing to solve the problems illustrated by the six disciplinary case studies featured in this book unless the legal monopoly enjoyed by attorneys in the U.S. is drastically contracted.
Richard Abel examines some of the most common ethical complaints made about lawyers in Lawyers in the Dock. Using detailed records of disciplinary proceedings, he describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client by failing to pursue cases diligently; overcharging of clients by mystifying billing practices; and betraying adversaries and courts out of excessive loyalty to clients or causes. Richard Abel argues that these measures will do little or nothing to solve the problems exposed by his six disciplinary case studies unless structural changes are made to the legal monopoly in order to restore the public trust in lawyers. Lawyers in the Dock is essential reading for lawyers, law students, and potential clients who wish to restore trust and professional responsibility in the legal profession.

Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary interest in the body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death.

Legal practitioners operate in an environment of seemingly endless ethical challenges, and against a backdrop of diminishing public opinion about their morality. Based on extensive research, Assessing Lawyers' Ethics argues that lawyers' individual ethics can be assessed and measured in realistic frameworks. When this assessment takes place, legal practitioners are more likely to demonstrate better ethical behaviour as a result of their increased awareness of their own choices. This book advocates a variety of peer-administered testing mechanisms that have the potential to reverse damaging behaviours within the legal profession. It provides prototype techniques, questions and assessments that can be modified to suit different legal cultures. These will help the profession regain the initiative in ethical business practice, halt the decline in firms' reputations and reduce the risk of state-sponsored regulatory intervention.

Working Virtue is the first substantial collective study of virtue theory and contemporary moral problems. Leading figures in ethical theory and applied ethics discuss topics in bioethics, professional ethics, ethics of the family, law, interpersonal ethics, and the emotions.
Virtue ethics is centrally concerned with character traits or virtues and vices such as courage (cowardice), kindness (heartlessness), and generosity (stinginess). These character traits must be looked to in any attempt to understand which particular actions are right or wrong and how we ought to live our lives. As a theoretical approach, virtue ethics has made an impressive comeback in relatively recent history, both posing an alternative to, and, in some ways, complementing well-known theoretical stances such as utilitarianism and deontology. Yet there is still very little material available that presents virtue-ethical approaches to practical contemporary moral problems, such as what we owe distant strangers, our parents, or even non-human animals. This book fills the gap by dealing with these and other pressing moral problems in a clear and theoretically nuanced manner.
The contributors offer a variety of perspectives, including pluralistic, eudaimonistic, care-theoretical, Chinese, comparative, and stoic. This variety allows the reader to appreciate not only the wide range of topics for which a virtue-ethical approach may be fitting, but also the distinctive ways in which such an approach may be manifested.

What should the people expect from their legal officials? This book asks whether officials can be moral and still follow the law, answering that the law requires them to do so. It revives the idea of the good official - the good lawyer, the good judge, the good president, the good legislator - that guided Cicero and Washington and that we seem to have forgotten. Based on stories and law cases from America's founding to the present, this book examines what is good and right in law and why officials must care. This overview of official duties, from oaths to the law itself, explains how morals and law work together to create freedom and justice, and it provides useful maxims to argue for the right answer in hard cases. Important for scholars but useful for lawyers and readable by anybody, this book explains how American law ought to work.

Fair Governance: The Enforcement of Morals is a study of legal interference with individual preferences and will canvass the interdisciplinary literature in economics, psychology, philosophy, and law. It discusses the particular conditions necessary for the state to legally interfere with our freedom of choice, whether it be to either satisfy our individual pursuit of happiness (perfectionism) or to prevent us from making immoral choices (paternalism). Relatively few philosophers know much of the parallel literature on this central problem of ethics; while many legal scholars are acquainted with the psychological literature on judgment biases, they are frequently unfamiliar with the philosophical literature on perfectionism. Francis H. Buckley carefully links these two notions of state power with recent empirical literature on judgment biases and happiness studies and surveys the literature, arguing for a nuanced form of social perfectionism, one which seeks to promote the kind of liberal nationalism found in the United States.

This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.

Working Virtue is the first substantial collective study of virtue theory and contemporary moral problems. Leading figures in ethical theory and applied ethics discuss topics in bioethics, professional ethics, ethics of the family, law, interpersonal ethics, and the emotions. Virtue ethics is centrally concerned with character traits or virtues and vices such as courage (cowardice), kindness (heartlessness), and generosity (stinginess). These character traits must be looked to in any attempt to understand which particular actions are right or wrong and how we ought to live our lives. As a theoretical approach, virtue ethics has made an impressive comeback in relatively recent history, both posing an alternative to, and, in some ways, complementing well-known theoretical stances such as utilitarianism and deontology. Yet there is still very little material available that presents virtue-ethical approaches to practical contemporary moral problems, such as what we owe distant strangers, our parents, or even non-human animals. This book fills the gap by dealing with these and other pressing moral problems in a clear and theoretically nuanced manner. The contributors offer a variety of perspectives, including pluralistic, eudaimonistic, care-theoretical, Chinese, comparative, and stoic. This variety allows the reader to appreciate not only the wide range of topics for which a virtue-ethical approach may be fitting, but also the distinctive ways in which such an approach may be manifested.

This book provides the first fully annotated discussion of the ethical universe surrounding state mandated and private legal disputes involving the custody and best interest of children. It surveys thousands of court cases, statutes, state bar ethics codes, Attorney General opinions, and model codes regarding ethical constraints in family and dependency proceedings. The book is unique in two ways. It analyzes ethical rules not only in terms of the chronology of these proceedings, but it also surveys those principles for each of the primary participants - children's counsel, parents' counsel, government attorneys, and judges. The book contains chapters on pre-hearing alternative dispute resolution, motion and trial practice, appellate procedures, and separation of powers. Finally, the book provides a complete child abuse case file with a comprehensive analysis of the inherent ethical issues.

The Good Lawyer explores the ethical and professional challenges that confront people who work in the law - or are considering it - and offers principled and pragmatic advice about how to overcome such challenges. This book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be 'good', and to draw on your virtue and judgement when difficult choices arise, rather than relying on compliance with rules or codes. The Good Lawyer analyses four important areas of legal ethics - truth and deception, professional secrets, conflicts of interest, and professional competence - and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.

A provocative account of how Levinas' ethics can help us understand our relationship with lawEmmanuel Levinas's philosophy of ethics has frequently attracted attention amongst legal scholars, but he remains a divisive and often enigmatic contributor to this field. He has been read within contexts as varied as human rights, private law, refugee law, and on the nature of judicial reasoning. This book explores what might unite such apparently diverse applications of his ideas, and in doing so considers the challenge of law's ethical relationship with the other. In addition to asking how Levinas's ethics can inform legal problems, the book also examines the ways in which the modern legal edifice has a deceptive tendency to close itself off from the ethical experience. In particular, literatures on biopolitics suggest that law is increasingly complicit in reductive determinations of how we understand ourselves and others. Levinas's most penetrating insight might not, therefore, lie in the law's instrumentalisation of his ethics, but instead in the way his ethics trace a human encounter that escapes law.

Confidentiality and record keeping are essential aspects of everyday counselling practice. This book introduces you to the law, ethics, guidance and policy relevant to counselling records and confidentiality, using examples from practice to apply this to a wide range of counselling situations and dilemmas. This edition is fully updated to cover recent developments in guidance, professional ethics, policy and law, including new chapters on GDPR and data protection law and online and telephone counselling practice. With an extensive glossary, checklists and useful legal and other resources, this is an essential resource for trainees and practitioners in the helping professions.

Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself.

Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its central concern is to protect the administration of justice in criminal and civil cases, but also to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings. Professor Miller's classic work Contempt of Court gives a comprehensive treatment of the issues in this broad subject area including contempt in the face of the court, publication contempt, and civil contempt when orders are breached. This new and updated edition has been written against the backdrop of transformations to the media and mass communication technology. Social media has changed day-to-day life almost beyond recognition, and its potential to prejudice criminal proceedings in particular has quickly become apparent. The High Court and the Court of Appeal are considering with increasing frequency what steps might be appropriate to safeguard criminal trials in this context, these can include injunctions, orders made under the Contempt of Court Act 1981, and severe sanctions when members of the public find themselves in contempt. This edition incorporates the most recent case law in this area. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this vital topic.

What if data-intensive technologies' ability to mould habits with unprecedented precision is also capable of triggering some mass disability of profound consequences? What if we become incapable of modifying the deeply-rooted habits that stem from our increased technological dependence? On an impoverished understanding of habit, the above questions are easily shrugged off. Habits are deemed rigid by definition: 'as long as our deliberative selves remain capable of steering the design of data-intensive technologies, we'll be fine'. To question this assumption, this open access book first articulates the way in which the habitual stretches all the way from unconscious tics to purposive, intentionally acquired habits. It also highlights the extent to which our habit-reliant, pre-reflective intelligence normally supports our deliberative selves. It is when habit rigidification sets in that this complementarity breaks down. The book moves from a philosophical inquiry into the 'double edge' of habit - its empowering and compromising sides - to consideration of individual and collective strategies to keep habits at the service of our ethical life. Allowing the norms that structure our forms of life to be cotton-wooled in abstract reasoning is but one of the factors that can compromise ongoing social and moral transformations. Systems designed to simplify our practical reasoning can also make us 'sheep-like'. Drawing a parallel between the moral risk inherent in both legal and algorithmic systems, the book concludes with concrete interventions designed to revive the scope for normative experimentation. It will appeal to any reader concerned with our retaining an ability to trigger change within the practices that shape our ethical sensibility. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.

Since the Great Recession of 2008, the racial wealth gap between black and white Americans has continued to widen. In Predatory Lending and the Destruction of the African-American Dream, Janis Sarra and Cheryl Wade detail the reasons for this failure by analyzing the economic exploitation of African Americans, with a focus on predatory practices in the home mortgage context. They also examine the failure of reform and litigation efforts ostensibly aimed at addressing this form of racial discrimination. This research, augmented by first-hand narratives, provides invaluable insight into the racial wealth gap by vividly illustrating the predation that targets African-American consumers and examining the intentionally obfuscating settlement terms of cases brought by the U.S. Department of Justice, states attorneys, and municipalities. The authors conclude by offering structural, systemic changes to address predatory practices. This important work should be read by anyone seeking to understand racial inequality in the United States.

International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalisation of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the systemarbitrators, lawyers, experts, third-party funders and arbitral institutionsremains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.