LEADER 03828nam 2200613Ia 450 001 9910807450203321 005 20240416151709.0 010 $a0-674-04366-9 024 7 $a10.4159/9780674043664 035 $a(CKB)1000000000805527 035 $a(StDuBDS)AH23050897 035 $a(SSID)ssj0000226036 035 $a(PQKBManifestationID)11202233 035 $a(PQKBTitleCode)TC0000226036 035 $a(PQKBWorkID)10233652 035 $a(PQKB)11571776 035 $a(Au-PeEL)EBL3300547 035 $a(CaPaEBR)ebr10326091 035 $a(OCoLC)923111774 035 $a(DE-B1597)574358 035 $a(DE-B1597)9780674043664 035 $a(MiAaPQ)EBC3300547 035 $a(OCoLC)1262307956 035 $a(EXLCZ)991000000000805527 100 $a19970925d1998 uy 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt 182 $cc 183 $acr 200 14$aThe practice of justice $ea theory of lawyers' ethics /$fWilliam H. Simon 205 $a1st ed. 210 $aCambridge, MA $cHarvard University Press$d1998 215 $a1 online resource (viii, 253p.) 300 $aIncludes index. 311 $a0-674-69711-1 311 $a0-674-00275-X 320 $aIncludes bibliographical references and index. 327 $tFrontmatter -- $tContents -- $t1 Introduction -- $t2 A Right to Injustice -- $t3 Justice in the Long Run -- $t4 Should Lawyers 0 bey the Law? -- $t5 Legal Professionalism as Meaningful Work -- $t6 Legal Ethics as Contextual Judgment -- $t7 Is Criminal Defense Different? -- $t8 Institutionalizing Ethics -- $tNotes -- $tFurther Reading -- $tAcknowledgments -- $tIndex 330 $aShould a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering. 330 $bShould 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 manoeuvres that defeat substantive rights? This book looks at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible.;At the same time, Simon reflects the ethical approaches most frequently purposed by the professions critics. The problem, he insists, does not lie with 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 uses 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". 606 $aPractice of law$zUnited States$xPhilosophy 606 $aLegal ethics$zUnited States$xPhilosophy 615 0$aPractice of law$xPhilosophy. 615 0$aLegal ethics$xPhilosophy. 676 $a174.30973 700 $aSimon$b William H.$f1947-$01666856 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910807450203321 996 $aThe practice of justice$94026345 997 $aUNINA