The law, Holmes said, is no brooding omnipresence in the sky.
"If that is true," writes David Luban, "it is because we encounter
the legal system in the form of flesh-and-blood human beings: the
police if we are unlucky, but for the (marginally) luckier
majority, the lawyers." For practical purposes, the lawyers are the
law. In this comprehensive study of legal ethics, Luban examines
the conflict between common morality and the lawyer's "role
morality" under the adversary system and how this conflict becomes
a social and political problem for a community.
Using real examples and drawing extensively on case law, he
develops a systematic philosophical treatment of the problem of
role morality in legal practice. He then applies the argument to
the problem of confidentiality, outlines an affordable system of
legal services for the poor, and provides an in-depth philosophical
treatment of ethical problems in public interest law.
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