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Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

Price: £175.00

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Professional Legal Ethics: Critical Interrogations


ISBN13: 9780198764717
ISBN: 0198764715
Published: March 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Ethics and regulation have become catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales.

This book represents the first attempt to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers' ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice.

Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualises the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. This encourages lawyers to overlook the real invasions of these values so often wrought by upholding clients legal rights, Professional Legal Ethics: Critical Interrogations

is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of professional ethics and regulation.

Subjects:
Professional Conduct and Ethics
Contents:
1. INTRODUCTION; LAWYERS AND JUSTICE; DEFINING PROFESSIONAL LEGAL ETHICS; AIMS, METHODS AND ARGUMENTS; 2. THE PHILOSOPHICAL CONTEXT: THEORETICAL APPROACHES TO THE CONTENT AND STATUS OF ETHICS; INTRODUCTION; THE SCOPE OF PHILOSOPHICAL ETHICS; DEONTOLOGICAL ETHICS; CONSEQUENTIALISM; VIRTUE ETHICS; PSYCHOLOGY, FEMINISM AND THE ETHIC OF CARE; POSTMODERNISM AND THE ETHICS OF ALTERITY; CONCLUSION; 3. THE SOCIAL CONTEXT: PROFESSIONAL DEALS AND INSTITUTIONAL SETTINGS; INTRODUCTION; THE IDEALS OF THE LEGAL PROFESSIONS; THE PROCEDURAL CONTEXT; PROFESSIONAL STRUCTURES AND INSTITUTIONAL CONTEXTS; THE DEMOGRAPHIC CONTEXT; THE EDUCATIONAL CONTEXT; THE BUSINESS CONTEXT; CONCLUSIONS; 4. THE REGULATORY CONTEXT: ETHICS AND PROFESSIONAL SELF-REGULATION; INTRODUCTION; THE INSTITUTIONS OF SELF-REGULATION; CODES OF CONDUCT; THE ENFORCEMENT MECHANISMS; 5. DUTIES TO THE CLIENT: AUTONOMY AND CONTROL IN THE LAWYER-CLIENT RELATIONSHIP; INTRODUCTION; BOUNDARIES OF AUTONOMY; THE LEGAL BASIS OF LAWYER-CLIENT RELATIONS; CONTROL IN THE LAWYER-CLIENT RELATIONSHIP; AUTONOMY: A CRITIQUE AND RE-EVALUATION; RECONCEPTUALISING DUTIES TO THE CLIENT; CONCLUSION: IMPLICATION FOR THE FORM AND FOCUS OF CODES; 6. THE LAWYERS AMORAL ROLE AND LAWYER IMMORALITY; INTRODUCTION; THE LAWYERS AMORAL ROLE; CRITICISMS OF LAWYER BEHAVIOUR; CONCLUSION; 7. JUSTIFYING NEUTRAL PARTISANSHIP; INTRODUCTION; NEUTRAL PARTISANSHIP AND ADVERSARIAL SYSTEM; NEUTRAL PARTISANSHIP AND LIBERAL VALUES; NEUTRAL PARTISANSHIP AND THE INSTITUTIONS OF LIBERAL GOVERNMENT; CONCLUSION; 8. REFORMING THE LAWYERS AMORAL ROLE; INTRODUCTION; ALTERNATIVES TO NEUTRAL PARTISANSHIP; MORAL ACTIVISM AND ETHICAL FOUNDATIONS; A CONTEXTUAL APPROACH TO IMMORAL ENDS AND MEANS; IMMORAL ENDS AND DECISIONS TO REPRESENT; IMMORAL MEANS AND LAWYER TACTICS; A DECISION MAKING SCHEMA FOR MORALLY ACTIVIST LAWYERS; 9. CONFIDENTIALITY; INTRODUCTION; THE CURRENT POSITION; CRITICISMS OF THE CURRENT POSITION; JUSITFYING CONFIDENTIALITY; A CONTEXTUAL APPROACH TO CONFIDENTIALITY; CONCLUSION; 10. CONCLUSION: TOWARDS A MORE ETHICAL PROFESSION; THE DOMINANCE OF FORMALISM AND LIBERALISM; THE CONTEXTUAL ALTERNATIVE; POSSIBLE OBJECTIONS TO A CONTEXTUAL APPROACH; INSTITUTIONALISING AN ETHICAL PROFESSIONALISM