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by William H. Simon

  • ISBN: 067400275X
  • Category: Law
  • Author: William H. Simon
  • Subcategory: Ethics & Professional Responsibility
  • Other formats: lrf lrf azw lit
  • Language: English
  • Publisher: Harvard University Press (March 4, 2000)
  • Pages: 264 pages
  • FB2 size: 1926 kb
  • EPUB size: 1760 kb
  • Rating: 4.7
  • Votes: 829
Download The Practice of Justice fb2

The Practice of Justice is a fresh look at these and other traditional questions about the ethics of lawyering

The Practice of Justice is a fresh look at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with extensive experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible. At the same time, Simon rejects the ethical approaches most frequently proposed by the profession's critics. The problem, he insists, does not lie in the profession's commitment to legal values over those of ordinary morality. Nor does it arise from the adversary system.

This book looks at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with experience in practice

Select Format: Hardcover. This book looks at these and other traditional questions about the ethics of lawyering. ISBN13:9780674697119.

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In The Practice of Justice,(2) Professor William H. Simon describes justice in a way that differs from the way the Bible describes justice. The big difference is not so much what justice requires (although there is some difference there) as (i) how people decide what justice requires, and (ii) who the "people" are who decide what justice requires.

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The Practice of Justice. On Liberty and Other Writings. Many have concluded that the standard conception should be set aside. But Dare offers a moral argument for the conception, according to which it justifies a more limited and moderate sphere of professional conduct than is normally supposed, allowing lawyers to preserve their integrity while giving proper weight to the role-differentiated permissions and obligations of their roles.

Columbia University - Law School. Courthouse Iconography and Chayesian Judical Practice. Number of pages: 29 Posted: 22 Jun 2016. Number of pages: 14 Posted: 02 Mar 2012.

Should a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural maneuvers that defeat substantive rights? The Practice of Justice is a fresh look at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with extensive experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible.

At the same time, Simon rejects the ethical approaches most frequently proposed by the profession's critics. The problem, he insists, does not lie in the profession's commitment to legal values over those of ordinary morality. Nor does it arise from the adversary system. Rather, Simon shows that the critical weakness of the standard approach is its reliance on a distinctive style of judgment--categorical, rule-bound, rigid--that is both ethically unattractive and rejected by most modern legal thought outside the realm of legal ethics. He develops an alternative approach based on a different, more contextual, style of judgment widely accepted in other areas of legal thought.

The author enlivens his argument with discussions of actual cases, including the Lincoln Savings and Loan scandal and the Leo Frank murder trial, as well as fictional accounts of lawyering, including Kafka's The Trial and the movie The Verdict.



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