It has been over thirty years since the founding crises that
birthed legal ethics as both a field of study and a discrete field
of law. In that time thinking about the ethical dimension of legal
practice has taken several turns: from justifications of zealous
advocacy, to questions of process and connections to specifically
legal values, to more recently consideration of legal conduct as
part of a wider field of virtue. Parallel to this dynamism of
thought, there has also been significant changes in how legal
professions, especially within those that possess a common law
heritage, have been regulated and the values and conceptions of
legitimate conduct that has informed this regulation.
This volume represents an opportunity for a comprehensive review
of legal ethics as an international movement. Contributors include
many of the key participants to the legal ethics field from the
United States, United Kingdom, Canada, Australia, New Zealand and
South Africa, including David Luban and Deborah Rhode, as well as
many of the recognised emerging thinkers.
The theme of the book is taking stock of the last thirty years
of legal ethics practice and scholarship and also a forum for new
ideas and new thinking regarding the conduct of lawyers and the
moral and social responsibility of the legal profession. The
contributions also consider the topic of dynamism. Over the last
decade significant developments in both the expectations of
professional conduct and the regulation of the profession has been
experienced in all jurisdictions, which has seen traditional, and
once sacred, conceptions of lawyering challenged and re-evaluated.
The contributors also look at the theme of affirmation. Within an
increasingly complex environment of change and dynamism, this
volume reaffirms that there is value within the field of legal
ethics. That is the project of reflecting on the unique ethical and
conduct requirements of lawyering can not be submerged into a
broader field of applied philosophy, management or regulatory
studies. While this volume does not deny the opportunities that
exist for interdisciplinary engagement with philosophy, social
science or politics, it affirms legal ethics as a legitimate and
highly relevant field of inquiry.
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