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Professional Legal Ethics: Critical Interrogations

Besorgungstitel | Lieferzeit:3-5 Tage I
Donald Nicolson
658 g
234x156x21 mm

Professional Legal Ethics: Critical Interrogations provides analysis and sustained critique of the ethics of English and Welsh lawyers. It argues that professional legal ethics has failed to deliver an approach that requires lawyers actively to engage with the ethical issues raised by legal practice.
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 Insitutitional 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; Reconptualising 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 Partianship; Introduction; Neutral Partisanship And Adversarial System; Neutral Partianship And Liberal Values; Neutral Partianship And The Institutions Of Liberal Government; Conclusion; 8. Reforming The Lawyers Amoral Role; Introduction; Alternatives To Neutral Partianship; 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.
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.

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