|
Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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?
This book aims to produce lawyers who can debate, criticise and
change professional ethics as well as understand their underlying
rationale. Written by the author of the leading work on the
subject, The Ethics and Conduct of Lawyers in England and Wales,
this book is aimed at the undergraduate or postgraduate student
taking a half or full course in the subject. The book is divided
into four parts dealing with the professional and regulatory
framework for delivering legal services, the obligations owed to
clients, wider duties and responsibilities and practice settings.
It sets out the important background to the modern practice of law,
and explains the theoretical underpinning of professional ethics
and its everyday application through conduct rules and principles.
Extracts from legislation, cases and conduct rules are provided,
and comparative issues are considered where relevant. The book is
also interactive, raising issues and posing questions that will
encourage students to engage with the material as they read, which
will also be helpful for classroom discussion.
Along with used car dealers and telemarketers, lawyers are
considered to be among the least trustworthy of all professionals.
If lawyers want more respect, they will have to earn it by
reframing their ethical responsibilities. In an original approach
to law's moral dilemma, legal theorist Allan C. Hutchinson takes
seriously the idea that 'litigation is war'. By drawing an extended
analogy with the theory of ethical warfare, he examines the most
difficult questions facing practicing lawyers today. Comparing the
role of military officers to legal professionals and theories of
just peace to legal settlement, Hutchinson outlines a boldly
original approach to legal ethics. Fighting Fair's recommendation
for a more substantive, honor-based approach to ethics will be a
thought-provoking tool for anyone concerned about the moral
standing of the legal profession.
As a fundamental institution of human societies, law is a deeply
influential factor in individual and social activity. Yet its
normative status is controversial, particularly in pluralistic,
secularized societies. Is law essentially the result of legislative
creation and juridical interpretation, or can and should it reflect
ethical values and imperatives? If it can what are the sources of
those imperatives, and how do they achieve the necessary degree of
social consensus in religiously diverse societies that are
increasingly globalized and globalizing as a consequence of
culture, commerce, communication and immigration? The Global Ethic
and Law: Intersections and Interactions contributes to the
consideration of these questions. Its contributors include
academics from the U.S.A. and Europe, as well Hans Kueng, the
author of the 1993 "Declaration Towards a Global Ethic" adopted by
the Parliament of World Religions and Stephan Schlensog, General
Secretary of the Global Ethic Foundation of Tuebingen, Germany.
Throughout history, the American legal profession has tried to hold
tight to its identity by retreating into its traditional values and
structure during times of self-perceived crisis. The American Legal
Profession in Crisis: Resistance and Responses to Change analyzes
the efforts of the legal profession to protect and maintain the
status quo even as the world around it changed. Author James E.
Moliterno, consistently argues that the profession has resisted
societal change and sought to ban or discourage new models of legal
representation created by such change. In response to every crisis,
lawyers asked: "How can we stay even more 'the same' than we
already are?"
The legal profession has been an unwilling, capitulating entity to
any transformation wrought by the overwhelming tide of change. Only
when the shifts in society, culture, technology, economics, and
globalization could no longer be denied did the legal profession
make any proactive changes that would preserve status quo. This
book demonstrates how the profession has held to its anachronistic
ways at key crisis points in US history: Watergate, communist
infiltration, waves of immigration, the explosion of litigation,
and the current economic crisis that blends with dramatic changes
in technology, communications, and globalization.
Ultimately, Moliterno urges the profession to look outward and
forward to find in society and culture the causes and connections
with these periodic crises. Doing so would allow the profession to
grow with the society, solve problems with, rather than against,
the flow of society, and be more attuned to the very society the
profession claims to serve.
This paperback version includes a commentary on the prevailing
crisis in legal education.
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.
Ce livre n'est pas une critique des francais; c'est une critique du
systeme qui fait souffrir les francais. L'auteur montre comment une
simple erreur - faite il y a des milliers d'annees - nous fausse
les donnees dans le domaine relationnel et comment elle nous
enferme dan une "fausse croyance" qui mine toutes nos relations
(familiales, professionnelles, religieuses, politiques et
sociales). L'erreur est simple, mais les consequences sont
enormes...
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.
Culturally Relevant Ethical Decision-Making in Counseling presents
a hermeneutic orientation and framework to address contextual
issues in ethical decision-making in counseling and psychotherapy.
Authors Rick Houser, Felicia L. Wilczenski, and Mary Anna Ham
incorporate broad perspectives of ethical theories which are
grounded in various worldviews and sensitive to cultural
issues.nbsp;nbsp; Key Features: Introduces a Wide Range of Ethical
Theories: Important to the foundation of ethical decision-making is
an in-depth understanding of general culturally relevant ethical
theories that represent most world philosophical views. In addition
to covering mainstream theories, this book introduces a wide range
of ethical theories from Western, Eastern, Middle Eastern, Pan
African, Native American, and Latino ethical perspectives. Offers
Numerous Examples: Case studies are provided throughout the text to
show how to apply diverse ethical theories to clinical practice.
The authors also discuss how to negotiate between an enhanced
ethical perspective based on diversity and professional standards
codified and mandated in this country. Provides a Systematic
Ethical Decision-Making Model: Ethical decision-making has become a
critical part of the training and practice of professional
counselors and they can benefit immensely from systematic training
in this area. The model in this book provides practitioners with a
broad based approach to ethical decision-making, and ultimately
improves the ethical decision-making process for counselors.
Intended Audience: This is an ideal textbook for advanced
undergraduate and graduate courses on professional standards and
ethics in the fields of Counseling, Psychotherapy, and Psychology.
Culturally Relevant Ethical Decision-Making in Counseling presents
a hermeneutic orientation and framework to address contextual
issues in ethical decision-making in counseling and psychotherapy.
Authors Rick Houser, Felicia L.
Culturally Relevant Ethical Decision-Making in Counseling presents
a hermeneutic orientation and framework to address contextual
issues in ethical decision-making in counseling and psychotherapy.
Authors Rick Houser, Felicia L. Wilczenski, and Mary Anna Ham
incorporate broad perspectives of ethical theories which are
grounded in various worldviews and sensitive to cultural issues.
Key Features: Introduces a wide range of ethical theories:
Important to the foundation of ethical decision-making is an
in-depth understanding of general culturally relevant ethical
theories that represent most world philosophical views. In addition
to covering mainstream theories, this book introduces a wide range
of ethical theories from Western, Eastern, Middle Eastern, Pan
African, Native American, and Latino ethical perspectives. Offers
numerous examples: Case studies are provided throughout the text to
show how to apply diverse ethical theories to clinical practice.
The authors also discuss how to negotiate between an enhanced
ethical perspective based on diversity and professional standards
codified and mandated in this country. Provides a systematic
ethical decision-making model: Ethical decision-making has become a
critical part of the training and practice of professional
counselors and they can benefit immensely from systematic training
in this area. The model in this book provides practitioners with a
broad based approach to ethical decision-making, and ultimately
improves the ethical decision-making process for counselors.
Intended Audience: This is an ideal textbook for advanced
undergraduate and graduate courses on professional standards and
ethics in the fields of Counseling, Psychotherapy, and Psychology.
This book looks at law and risk in a variety of contexts
andprovides insight into how courts use and interpret risk and how
the lawallocates risk, as well as examining the regulation of
riskyactivities. To demonstrate the linkages between law and risk,
theessays tackle some difficult topics, including dangerous
offenders, sexoffender notification, drug courts, genetic research,
pesticide use,child pornography, and tobacco advertising.
Cheating is deeply embedded in everyday life. The costs of the most
common forms of cheating total close to a trillion dollars
annually. Part of the problem is that many individuals fail to see
such behavior as a serious problem. "Everyone does it" is a common
rationalization, and one that comes uncomfortably close to the
truth. That perception is also self-perpetuating. The more that
individuals believe that cheating is widespread, the easier it
becomes to justify. Yet what is most notable about analysis of the
problem is how little there is of it. Whether or not Americans are
cheating more, they appear to be worrying about it less. In
Cheating, eminent legal scholar Deborah Rhode offers the only
recent comprehensive account of cheating in everyday life and the
strategies necessary to address it. Because cheating is highly
situational, Rhode drills down on its most common forms in sports,
organizations, taxes, academia, copyright infringement, marriage,
and insurance and mortgages. Cheating also reviews strategies
necessary to address the pervasiveness and persistence of cheating
in these contexts. We clearly need more cultural reinforcement of
ethical conduct. Efforts need to begin early, with values education
by parents, teachers, and other role models who can display and
reinforce moral behaviors. Organizations need to create ethical
cultures, in which informal norms, formal policies, and reward
structures all promote integrity. People also need more moral
triggers that remind them of their own values. Equally important
are more effective enforcement structures, including additional
resources and stiffer sanctions. Finally, all of us need to take
more responsibility for combatting cheating. We need not only to
subject our own conduct to more demanding standards, but also to
assume a greater obligation to prevent and report misconduct.
Sustaining a culture that actively discourages cheating is a
collective responsibility, and one in which we all have a
substantial stake.
This book examines the lawyer's duty of professional secrecy (also
known as the attorney-client privilege) in the twenty-seven Member
States of the European Union, the three Member States of the
European Economic Area, and Switzerland. It provides valuable
information for those working on transactions or litigations which
involve several countries - they can use this book to find out to
what extent any information shared with or any advice received from
a lawyer is protected in each of these countries.
This textbook is an ambitious and engaging introduction to the more
advanced writings on medical law and ethics, primarily designed to
allow students to 'get under the skin' of the topic and begin to
build their critical thinking and analysis skills. Each chapter is
structured around key questions and debates that provoke deeper
thought and, ultimately, a clearer understanding. The aim of the
book is not to present a complete overview of theoretical issues in
medical law and ethics, but rather to illustrate the current
debates which are currently going on among those working in and
shaping the area. The text features summaries of the views of
notable experts on key topics and each chapter ends with a list of
guided further reading. A perfect book for students taking a module
in medical law, or for those wanting to deepen their knowledge. New
to this Edition: - The Supreme Court decision in Montgomery
receives extensive discussion and analysis - Recent developments on
the best interests test under the Mental Capacity Act are explored
- The latest case law on end of life decision making is set out -
Debates over whether abortion should be decriminalised are examined
- The Charlie Gard case is considered
Although international arbitration is a remarkably resilient
institution, many unresolved and largely unacknowledged ethical
quandaries lurk below the surface. With the expansion of world
trade, the pool of parties, counsel, experts and arbitrators has
become more numerous and more diverse, such that informal social
controls are no longer a sufficient substitute for formal ethical
regulation. At the same time, the international arbitration system
has veered sharply toward more formal and transparent procedures,
meaning that ethical transgressions are bound to become more
evident and less tolerable. Despite these clear signals, regulation
of various actors in the system-arbitrators, lawyers, experts and
arbitral institutions-has not evolved to keep apace of these needs.
Ethics in International Arbitration provides a framework for
developing much needed formal ethical rules and a reliable
enforcement regime in the international arbitration system.
Catherine Rogers accomplishes this goal in three parts. The first
Part analyzes the underlying problems caused by the current lack of
regulation and reveal how these problems affect modern
international arbitration practice. The Second Part proposes a
theoretical framework for resolving these conflicts so effective
ethical rules can be developed to guide and regulate various
participants' conduct, and the third part proposes integrated
mechanisms for enforcing ethical rules.
Regulation, compliance and ethics are the three common features of
all well-run law firms. Without an understanding of regulatory
expectations, compliance duties and ethical behaviours, a firm runs
the risk of censure, adverse publicity, and client dissatisfaction.
It is essential that law firm owners and managers acknowledge and
have strategies to accommodate risk management, regulatory and
legal compliance and ethical values in their business. They must
also have a common understanding as to how this will be achieved.
This guide is intended to provide lawyers with the language,
arguments and practical solutions which are needed to make this
happen.
Pocket Guide to Legal Ethics is a concise, comprehensive guide to
the rules of ethics for paralegal students and working paralegals.
Focusing on the key rules of ethics, the text reviews the rules of
ethics that attorneys are subject to and how those rules may apply
to paralegals. In addition, Pocket Guide to Legal Ethics includes
useful information tailored specifically for paralegals, including
tips for ethical behavior, real-world advice and ethical guidance
provided by various paralegal associations. Topical areas address
in this resource include providing competent diligent
representation of the client; maintaining integrity and public
respect for the legal profession; avoiding the unauthorized
practice of law; confidentiality; conflicts of interest; fees and
financial matters; advertising and solicitation. The easy-to-use
format, including checklists, charts, tables, and FAQs in each
chapter make Pocket Guide to Legal Ethics a quick reference book
that students will want to take from the classroom to the
workplace. Benefits: * Ethical discussions familiarize paralegal
students with the rules that apply to the attorneys they work for
as well as how those rules apply to paralegals. * Sample Code of
Ethics excerpts show how the rules being discussed may be adopted
as state law. * Practical guidance from various paralegal
associations helps readers apply what they have learned to real
world, on-the-job situations. * FAQs provide quick answers to
questions paralegals may face as professionals. * References and
resources direct readers to the code of ethics in specific states.
|
|