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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
Issues of the environment and its sustainability are linked to those of global warming, climate change and loss of biodiversity. This is so because there is a general consensus in the scientific community that the long-term shift or alteration of temperature and weather patterns both locally and globally are the result of human activities not the least those of burning of fossil fuels, deforestation, agricultural practices, land-use changes, pollution. Accordingly, questions of environmental justice arise because of the threat that anthropogenic climate change pose to our planet. This book examines these issues using as its point of departure environmental justice, where environmental justice is concerned with environmental sustainability and the equitable treatment and involvement of people of all races, cultures, incomes, and educational levels in the development, implementation, and enforcement of environmental programs, laws, rules, and policies. The book discusses, among other things, the population and consumption debate with regard to resource depletion and loss of biodiversity, problems of global policing of environmental pollution and greenhouse gas emissions by nation-states in the context of the tragedy of the commons and possible solutions to some of these problems from African and Native American philosophies and worldviews.
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process. The authors argue that mediation ethics should move away from the untenable notions of mediator neutrality and impartiality and towards a focus on party self-determination. They supplement this focus with a view of mediation ethics as emerging dynamically from the efforts of mediators to respond to the unique needs and interests of the parties. This new paradigm provides the basis for a picture of the mediation profession as a community with its own internal standards of excellence, as well as a more sophisticated and realistic ethical framework for mediation practice. Academics in law, social work and psychology will appreciate the book's nuanced account of the dynamics of mediation as a dispute resolution process. Mediation practitioners, including lawyers, social workers and counselors, will find the book a practical and helpful guide to addressing ethical dilemmas. And students of mediation will benefit from the book's clear and up to date overview of the development and principles of mediation ethics.
The Sunday Times bestseller and a BBC Radio 4 ‘Book of the Week‘ Full of hilarious and shocking stories, the Secret Barrister's memoir Nothing But The Truth tracks their transformation from hang 'em and flog 'em austerity-supporter to celebrated, campaigning, bestselling author. 'Masterful, compassionate and hilarious' – Adam Rutherford In a diary that takes us behind the scenes of their middling ambition, Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar. By way of the painfully archaic traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, and the Hunger Games-style contest for pupillage - which most don't survive - here is the brilliant reality of being a frustrated junior barrister. With a keen eye for the absurd and an obsessive fondness for Twitter, SB reveals the uncomfortable truths and darkest secrets about life in our criminal courts. _____ ‘Words tumble out with extraordinary fluency . . . entertaining and instructive’ – The Times ‘Written with compassion, wit and intelligence’ – TLS ‘Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' – The Telegraph
From the Number One bestselling author, a delicious memoir full of hilarious, personal and surprising stories from their working life in the law. * The Sunday Times Bestseller * * A BBC Radio 4 Book of the Week* 'The SB is a gifted writer. Words tumble out with extraordinary fluency . . . entertaining and instructive' - The Times __________ Just how do you become a barrister? Why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns? Nothing But The Truth is The Secret Barrister's bestselling memoir. It charts an outsider's progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, to the Hunger Games-style contest for pupillage, through the endlessly frustrating experience of being a junior barrister - as a creaking, ailing justice system begins to convince them that something has to change . . . Full of hilarious, shocking and surprising stories, Nothing But The Truth tracks the Secret Barrister's transformation from hang 'em and flog 'em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. Asking questions about what we understand by justice and what it takes to change our minds, it also reveals the darker side of working in criminal law and how the things our justice system gets wrong are not the things most people expect. __________ 'With compassion, wit and intelligence, The Secret Barrister shows why is it that any of us plunge into the harrowing depths of criminal law' - TLS 'Masterful, compassionate and hilarious' - Adam Rutherford 'The Zorro of the criminal bar' - The Times
This is your essential guide to standards and ethics in the psychological therapies. The book introduces you to key ethical values and principles and discusses how to practice in accordance with these. An accompanying online resource website provides you with over 30 videos showing commonly arising ethical dilemmas, further reading including book chapters and journal articles, and links to ethical codes and frameworks in the UK and internationally.
Questions surrounding the concept of freedom versus security have intensified in recent years due to the rise of new technologies. The increased governmental use of technology for data collection now poses a threat to citizens' privacy and is drawing new ethical concerns. Ethical Issues and Citizen Rights in the Era of Digital Government Surveillance focuses on the risks presented by the usage of surveillance technology in the virtual public sphere and how such practices have called for a re-examination of what limits should be imposed. Highlighting international perspectives and theoretical frameworks relating to privacy concerns, this book is a pivotal reference source for researchers, professionals, and upper-level students within the e-governance realm.
This unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies' legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.
This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies.
A long-overdue expose of the astonishing yet shadowy power wielded by the world's largest law firms. Though not a household name, Jones Day is well known in the halls of power, and serves as a powerful encapsulation of the changes that have swept the legal profession in recent decades. Founded in the US in 1893, it has become one of the world's largest law firms, a global juggernaut with deep ties to corporate interests and conservative politics. A key player in the legal battles surrounding the Trump administration, Jones Day has also for decades represented Big Tobacco, defended opioid manufacturers, and worked tirelessly to minimise the sexual-abuse scandals of the Catholic Church. Like many of its peers, it has fought time and again for those who want nothing more than to act without constraint or scrutiny - including the Russian oligarchs as they have sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, New York Times Business Investigations Editor and bestselling author David Enrich at last tells the story of 'Big Law' and the nearly unchecked influence these firms wield to shield the wealthy and powerful - and bury their secrets.
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.
Just how do you become a barrister? And why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? If it's such a great occupation, how come you work 100-hour weeks for less than minimum wage? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns? Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the Queen, to the Hunger Games-type contest for pupillage, through the endlessly frustrating experience of being a junior barrister - as a creaking, ailing justice system begins to convince them that something has to change . . . Full of hilarious, shocking, and surprising stories from their working life, Nothing But The Truth tracks the Secret Barrister's transformation from hang 'em and flog 'em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. It asks questions about what we understand by justice, and what it takes to change our minds. It also reveals the darker side of working in criminal law, and how the things our justice system gets wrong are not the things most people expect. Praise for the Secret Barrister . . . 'Dishes the dirt - or serves up a slice of reality - on what barristers do' - The Times 'An illuminating and timely insight into the legal system . . . fascinating' - Sunday Express 'Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' - Daily Telegraph
Legal and Ethical Issues of Live Streaming explores the potential legal and ethical issues of using live streaming technology, citing that although live streaming has a broadcasting capability, it is not regulated by the Federal Communications Commission, unlike other broadcasting media such as radio or television. Without this regulation, live streaming is opened up for broad use and misuse, including broadcasts of horrifying incidents such as the mass shootings at mosques in Christchurch, New Zealand in 2019, sparking outrage and fear about the technology. Contributors provide a pathway to move forward with ethical and legal use of live streaming by analyzing the wide spectrum of critical issues through the lens of communication, ethics, and law. Scholars of legal studies, ethics, communication, and media studies will find this book particularly useful.
In this essential philosophical and practical reckoning, Martha C. Nussbaum, renowned for her eloquence and clarity of moral vision, shows how sexual abuse and harassment derive from using people as things to one's own benefit-like other forms of exploitation, they are rooted in the ugly emotion of pride. She exposes three "Citadels of Pride" and the men who hoard power at the apex of each. In the judiciary, the arts and sports, Nussbaum analyses how pride perpetuates systemic sexual abuse, narcissism and toxic masculinity. The courage of many has brought about some reforms but justice is still elusive-warped sometimes by money, power or inertia; sometimes by a collective desire for revenge. By analysing the effects of law and public policy on our ever-evolving definitions of sexual violence, Nussbaum clarifies how gaps in the law allow this violence to proliferate; why criminal laws dealing with sexual assault need to be complemented by an understanding of the distorted emotions that breed abuse and why anger and vengeance rarely achieve lasting change. Citadels of Pride offers a damning indictment of the culture of male power that insulates high-profile abusers from accountability. Yet Nussbaum offers a hopeful way forward, envisioning a future in which, as survivors mobilise to tell their stories and institutions pursue fair and nuanced reform, we might fully recognise the equal dignity of all people.
Compliance and Ethics in Law Firms provides guidance on SRA regulations for non-lawyers working in law firms and for those who are responsible for ensuring that they comply with the SRA's rules (such as COLPs, COFAs and learning and development professionals). There are regulatory and legal consequences both for these individuals and for their firms if they fail to demonstrate the correct behaviours. It is therefore essential that everyone who works in a law firm understands the compliance and ethical requirements of SRA regulations. The second edition of this book has been updated to aid compliance with the SRA Standards and Regulations, which replaced the SRA Handbook in November 2019, as well as relevant tribunal decisions. The text has been revised to take account of the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018. These changes are of great significance and this edition will explain them and provide the reader with a toolkit of regulatory and ethical knowledge which can be applied to their specific circumstances.
As one of the most massive and successful business sectors, the
pharmaceutical industry is a potent force for good in the
community, yet its behaviour is frequently questioned: could it
serve society at large better than it has done in the recent past?
Its own internal ethics, both in business and science, may need a
careful reappraisal, as may the extent to which the law -
administrative, civil and criminal - succeeds in guiding (and where
neccessary contraining) it.
Originally published in 2005. One of the leading causes of death is organ failure, that is, when one or other of the organs that run the machine we call the body gives out. However, whereas with a machine spare parts can usually replace faulty parts, in the case of humans the supply of these is limited as it is dependent on organs being obtained from living or dead donors. Due to the limitations of supply, increasing attention is being paid to alternative schemes for obtaining organs. One of these possibilities is xenotransplantation: using organs from animals. In this book, the authors examine the legal and ethical issues surrounding xenotransplantation and consider the implications for the future. As they point out, xenotransplantation represents a major deviation from standard medical practice and the possibility of transplantation of large segments of tissue, or whole organs, from animals into humans poses an entirely novel set of considerations - ethical, legal and scientific - which it is necessary to evaluate and understand.
Due to new developments in prenatal testing and therapy the fetus is increasingly visible, examinable and treatable in prenatal care. Accordingly, physicians tend to perceive the fetus as a patient and understand themselves as having certain professional duties towards it. However, it is far from clear what it means to speak of a patient in this connection. This volume explores the usefulness and limitations of the concept of 'fetal patient' against the background of the recent seminal developments in prenatal or fetal medicine. It does so from an interdisciplinary and international perspective. Featuring internationally recognized experts in the field, the book discusses the normative implications of the concept of 'fetal patient' from a philosophical-theoretical as well as from a legal perspective. This includes its implications for the autonomy of the pregnant woman as well as its consequences for physician-patient-interactions in prenatal medicine.
The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody's business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.
Originally published in 2005. One of the leading causes of death is organ failure, that is, when one or other of the organs that run the machine we call the body gives out. However, whereas with a machine spare parts can usually replace faulty parts, in the case of humans the supply of these is limited as it is dependent on organs being obtained from living or dead donors. Due to the limitations of supply, increasing attention is being paid to alternative schemes for obtaining organs. One of these possibilities is xenotransplantation: using organs from animals. In this book, the authors examine the legal and ethical issues surrounding xenotransplantation and consider the implications for the future. As they point out, xenotransplantation represents a major deviation from standard medical practice and the possibility of transplantation of large segments of tissue, or whole organs, from animals into humans poses an entirely novel set of considerations - ethical, legal and scientific - which it is necessary to evaluate and understand.
The topic of "too many lawyers" is both timely and timeless. The future make up and performance of the legal profession is in contest, challenged by new entrants, technology and the demand for transparency; at the same time, lawyers long have participated in contests over professional boundaries. In this book, we take up several fundamental questions about the question of whether there are "too many lawyers". What do we mean by "too many"? Is there a surplus of lawyers? What sort of lawyers are and will be needed? How best can we discern this? These questions and more are addressed here in scholarly articles presented at the Onati International Institute for the Sociology of Law (Spain) by some of the best researchers in the field. The collection, witha chapter by Prof. Richard L. Abel, addresses methodological, normative and policy questions regarding the number of lawyers in particular countries and worldwide, while connecting this phenomenon to political, social, economic, historical, cultural and comparative contexts. This book was previously published as a special issue of the International Journal of the Legal Profession.
The concept of practical reason is central to contemporary thought
on ethics and the philosophy of law - acting well means acting for
good reasons. Explaining this requires several stages. How do
reasons relate to actions at all, as incentives and in
explanations? What are values, how do they relate to human nature,
and how do they enter practical reasoning? How do the concepts of
'right and wrong' fit in, and in what way do they involve questions
of mutual trust among human beings? How does our moral freedom -
our freedom to form our own moral commitments - relate to our
responsibilities to each other? How is this final question
transposed into law and legal commitments? |
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