Legal Ethics and Human Dignity

David Luban

doi:10.1017/CBO9780511487484

David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses on lawyers' role in enhancing human dignity and human rights. In addition to an analytical introduction, the volume includes two major previously unpublished papers, including a detailed critique of the US government lawyers who produced the notorious 'torture memos'. It will be of interest to a wide range of readers in both philosophy and law.

"Luban is arguably one of the most brilliant and prolific legal ethicists writing today....should be read by every sentient lawyer, scholar, student of the law, and citizen, for there is arguably no better guide to the reefs and shoals of law in the real world than Luban."
--Thomas Ehrlich Reifer, University of San Diego, Law and Society Review

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Contents

Frontmatter
pp i-viii
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Contents
pp ix-ix
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Acknowledgments
pp x-xii
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Introduction
pp 1-16
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I - The ethics in legal ethics
pp 17-18
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1 - The adversary system excuse
pp 19-64
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2 - Lawyers as upholders of human dignity (when they aren't busy assaulting it)
pp 65-96
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II - The jurisprudence of legal ethics
pp 97-98
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3 - Natural law as professional ethics: a reading of Fuller
pp 99-130
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4 - A different nightmare and a different dream
pp 131-161
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5 - The torture lawyers of Washington
pp 162-206
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III - Moral complications and moral psychology
pp 207-208
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6 - Contrived ignorance
pp 209-236
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7 - The ethics of wrongful obedience
pp 237-266
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8 - Integrity: its causes and cures
pp 267-298
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IV - Moral messiness in professional life
pp 299-300
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9 - A midrash on Rabbi Shaffer and Rabbi Trollope
pp 301-331
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Index
pp 332-337
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Legal Ethics and Human Dignity

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Contents

Frontmatter
pp i-viii

Contents
pp ix-ix

Acknowledgments
pp x-xii

Introduction
pp 1-16

I - The ethics in legal ethics
pp 17-18

1 - The adversary system excuse
pp 19-64

2 - Lawyers as upholders of human dignity (when they aren't busy assaulting it)
pp 65-96

II - The jurisprudence of legal ethics
pp 97-98

3 - Natural law as professional ethics: a reading of Fuller
pp 99-130

4 - A different nightmare and a different dream
pp 131-161

5 - The torture lawyers of Washington
pp 162-206

III - Moral complications and moral psychology
pp 207-208

6 - Contrived ignorance
pp 209-236

7 - The ethics of wrongful obedience
pp 237-266

8 - Integrity: its causes and cures
pp 267-298

IV - Moral messiness in professional life
pp 299-300

9 - A midrash on Rabbi Shaffer and Rabbi Trollope
pp 301-331

Index
pp 332-337

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