|
Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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.
Many aspects relating to the conduct of mediation are left to
mediator choice, but mediators often lack adequate guidance on how
their discretion ought to be exercised. In this book, Omer Shapira
identifies the ethical norms that govern mediators' conduct.
Adopting a professional ethics perspective on the basis of
role-morality and applying it to a core definition of mediators'
role, Shapira argues that all mediators are placed in ethical
relationships with mediation parties, the mediation profession, the
public and their employers. or principals that produce ethical
obligations. The book goes on to explore the legitimate
expectations of these groups and analyzes existing codes of conduct
for mediators. Shapira constructs a theory of mediators' ethics
that produces a proposed model code of conduct for mediators - a
detailed set of norms of mediators' ethics that can be rationally
justified and defended with regard to mediators at large.
Gruesome Spectacles tells the sobering history of botched,
mismanaged, and painful executions in the U.S. from 1890 to the
present. Since the book's initial publication in 2014, the cruel
and unusual executions of a number of people on death row,
including Clayton Lockett in Oklahoma and Joseph Wood in Arizona,
have made headlines and renewed vigorous debate surrounding the
death penalty in America. Austin Sarat's book instantly became an
essential resource for citizens, scholars, and lawmakers interested
in capital punishment—even the Supreme Court, which cited the
book in its recent opinion, Glossip v. Gross. Now in paperback, the
book includes a new preface outlining the latest twists and turns
in the death penalty debate, including the recent galvanization of
citizens and leaders alike as recent botched executions have
unfolded in the press. Sarat argues that unlike in the past,
today's botched executions seem less like inexplicable mishaps and
more like the latest symptoms of a death penalty machinery in
disarray. Gruesome Spectacles traces the historical evolution of
methods of execution, from hanging or firing squad to electrocution
to gas and lethal injection. Even though each of these technologies
was developed to "perfect" state killing by decreasing the chance
of a cruel death, an estimated three percent of all American
executions went awry in one way or another. Sarat recounts the
gripping and truly gruesome stories of some of these
deaths—stories obscured by history and to some extent, the
popular press.
This book seeks to reframe our understanding of the lawyer's work
by exploring how Martin Luther King Jr. built his advocacy on a
coherent set of moral claims regarding the demands of love and
justice in light of human nature. King never shirked from staking
out challenging claims of moral truth, even while remaining open to
working with those who rejected those truths. His example should
inspire the legal profession as a reminder that truth-telling, even
in a society that often appears morally balkanized, has the
capacity to move hearts and minds. At the same time, his example
should give the profession pause, for King's success would have
been impossible absent his substantive views about human nature and
the ends of justice. This book is an effort to reframe our
conception of morality's relevance to professionalism through the
lens provided by the public and prophetic advocacy of Dr. King.
The Solicitors Regulation Authority has made ethical practice a
cornerstone of its new Standards and Regulations that come into
operation on 25th November 2019. The new light touch regime
requires that solicitors take on much greater responsibility for
their own actions, acting ethically at all times. Those who fall
short of the high professional standards expected, both when acting
in a professional capacity and in personal daily life, run the risk
of both adverse publicity and regulatory censure. This 2nd edition*
of this unique book explains what ethical legal practice means in
daily life and how that fits with the new SRA regime. It is not a
strict law book. Instead it uses a wealth of real world examples,
hypothetical scenarios and illustrations to ground the SRA
requirements firmly within the tricky situations legal
practitioners encounter every day. This new edition is also
enhanced with a new chapter on the ethics of using lawtech in your
practice, a minefield especially when using 'AI' to help
decision-making. In doing so it not only helps you minimise the
risks of an investigation (or worse) but also helps you become a
more confident practitioner when faced with potential ethical
traps. Written in a straightforward approachable style, with
colourful diagrams and flowcharts to illustrate the key messages,
it also covers the evolving use of social media, legal technology
and ADR. All this makes the book essential reading for solicitors,
trainees, law firm staff and law students everywhere and at every
level of seniority.
Kirchliche Hochschulen unterliegen als Bildungseinrichtungen in
nicht-staatlicher Tragerschaft sowohl kirchlichen als auch
staatlichen Regelungen. Auch fur theologische Fakultaten an
staatlichen Hochschulen sind neben den staatlichen auch kirchliche
Regelwerke einschlagig. Der Band erlautert in zwei Beitragen
Begriff und Wesen der kirchlichen, vor allem der katholischen
Hochschulen und ordnet sie in das staatliche sowie kirchliche
Normengeflecht ein. Dabei befasst sich Rufner mit dem Verhaltnis
der kirchlichen Hochschulen zum staatlichen Hochschulrecht, wahrend
der Schwerpunkt des Beitrags von Rhode auf dem kirchlichen Recht,
hier dem Recht der katholischen Kirche, liegt. Grundlage der
Beitrage sind die Referate der Autoren, die sie im Rahmen eines
Symposions zu Ehren des renommierten Kirchenrechtlers und
langjahrigen Herausgebers der Entscheidungssammlung "KirchE" Prof.
Dr. Manfred Baldus, Vorsitzender Richter am Landgericht a.D., im
Marz 2010 gehalten haben.
Legal theorists are familiar with John Finnis's book Natural Law
and Natural Rights, but usually overlook his interventions in US
constitutional debates and his membership of a group of
conservative Catholic thinkers, the 'new natural lawyers', led by
theologian Germain Grisez. In fact, Finnis has repeatedly advocated
conservative positions concerning lesbian and gay rights,
contraception and abortion, and his substantive moral theory (as he
himself acknowledges) derives from Grisez. Bamforth and Richards
provide a detailed explanation of the work of the new natural
lawyers within and outside the Catholic Church - the first truly
comprehensive explanation available to legal theorists - and
criticize Grisez's and Finnis's arguments concerning sexuality and
gender. New natural law is, they argue, a theology rather than a
secular theory, and one which is unappealing in a modern
constitutional democracy. This book will be of interest to legal
and political theorists, ethicists, theologians and scholars of
religious history.
Why should the law care about enforcing contracts? We tend to think
of a contract as the legal embodiment of a moral obligation to keep
a promise. When two parties enter into a transaction, they are
obligated as moral beings to play out the transaction in the way
that both parties expect. But this overlooks a broader
understanding of the moral possibilities of the market. Just as
Shakespeare's Shylock can stand on his contract with Antonio not
because Antonio is bound by honor but because the enforcement of
contracts is seen as important to maintaining a kind of social
arrangement, today's contracts serve a fundamental role in the
functioning of society. With The Dignity of Commerce, Nathan B.
Oman argues persuasively that well-functioning markets are morally
desirable in and of themselves and thus a fit object of protection
through contract law. Markets, Oman shows, are about more than
simple economic efficiency. To do business with others, we must
demonstrate understanding of and satisfy their needs. This ability
to see the world from another's point of view inculcates key
virtues that support a liberal society. Markets also provide a
context in which people can peacefully cooperate in the absence of
political, religious, or ideological agreement. Finally, the
material prosperity generated by commerce has an ameliorative
effect on a host of social ills, from racial discrimination to
environmental destruction. The first book to place the moral status
of the market at the center of the justification for contract law,
The Dignity of Commerce is sure to elicit serious discussion about
this central area of legal studies.
This book examines moral issues in public and private life from a
religious but not devotional perspective. Rather than seeking to
prove that one belief system or moral stance is right, it
undertakes to help readers more fully understand the effect of
religious beliefs and practices on ways of conceiving and
addressing moral questions, without having to accept or to reject
any specific religious outlook. It shows how the similarities
between religions and the differences within any one religion are
more important than the reverse. The book asks * Where do moral
imperatives come from, and how do the answers found in religion and
law interact? * How does the fact that a moral norm is grounded in
religion affect our thinking about it? * What is the significance
of the differences (and similarities) between religious and secular
sources of moral norms?
Wertheimer attempts to move beyond previous theories of coercion by
conducting a fairly extensive survey of the way in which cases
involving coercion have been treated by American courts. This
impressive project occupies the first half of the book, where he
makes a convincing case that there is a fairly unified 'theory of
coercion' at work in adjudication, past and present. This legal
theory, however, is not entirely adequate for the purposes of
social and political philosophy, and the last half of the book
develops Wertheimer's more comprehensive philosophical theory.
Originally published in 1988. The Princeton Legacy Library uses the
latest print-on-demand technology to again make available
previously out-of-print books from the distinguished backlist of
Princeton University Press. These editions preserve the original
texts of these important books while presenting them in durable
paperback and hardcover editions. The goal of the Princeton Legacy
Library is to vastly increase access to the rich scholarly heritage
found in the thousands of books published by Princeton University
Press since its founding in 1905.
This book offers an introduction to values and ethics in
counselling and psychotherapy, helping you to develop the ethical
awareness needed throughout the counselling process. The book
covers: - Context and emergence of ethics in counselling -
Exercises to explore personal and professional values - Tools to
develop ethical mindfulness - Differences between therapeutic
models - Relational ethics - Ethical dilemmas and issues - Practice
issues including confidentiality, boundaries and autonomy versus
beneficence. Using in-depth case studies of counselling students,
the author demonstrates the constant relevance of values and ethics
to counselling and psychotherapy, equipping trainees with the tools
to successfully navigate values and ethics in their professional
practice.
Corporate accountability is never far from the front page, and as
the world's most elite institution for business education, Harvard
Business School trains many of the future leaders of Fortune 500
companies. But how does HBS formally and informally ensure faculty
and students embrace proper business standards? Making
unprecedented use of his position as a Harvard Business School
faculty member, Michel Anteby takes readers inside HBS in order to
draw vivid parallels between the socialization of faculty and of
students. In an era when many organizations are focused on
principles of responsibility, Harvard Business School has long
tried to promote better business standards. Anteby's rich account
reveals the surprising role of silence and ambiguity in HBS'
process of codifying morals and business values. As Anteby
describes, at HBS specifics are often left unspoken; for example,
teaching notes given to faculty provide much guidance on how to
teach but are largely silent on what to teach. Manufacturing Morals
demonstrates how faculty and students are exposed to a system that
operates on open-ended directives that require significant
decision-making on the part of those involved, with little overt
guidance from the hierarchy. Anteby suggests that this model -
which tolerates moral complexity - is perhaps one of the few that
can adapt and endure over time. Manufacturing Morals is a
perceptive must-read for anyone looking for insight into the moral
decision-making of today's business leaders and those influenced by
and working for them.
|
|