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This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.

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Introducing the fundamentals of ethical theory, this text exposes the reader to the ways and means of making moral judgments by covering the teachings of the great philosophers, sources of criminal justice ethics, and unethical patterns in the criminal justice system. It is presented from two perspectives: a thematic perspective that addresses ethical principles common to all components of the discipline, and an area-specific perspective that addresses the state of ethics in criminal justice in the fields of policing, corrections, and probation and parole.

Customer Reviews (1)

Review of the "Classics" of Ethical Origin
Outstanding text which provides a great review of the origins of the philosophy of ethics from Socrates to Satre. Souryal then provides thought provoking ethical applications to the various components of the criminal justice systems to assist students in understanding how value based decision making can prevent corruption of the noble profession of public service.Great read.Provides an excellent cornerstone and foundation for understanding the philosophies and origins of ethics. ... Read more

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Whether a company, organization, entity,family business, a publicly held corporation, non-profit, or even the government, the legal representation of an organization is rarely as straightforward as representing a single person. The client in such cases is a construct-a legal fiction-that often operates through many individuals with different roles, views, and interests, and therefore requires an attorney to consider any number of special professional-responsibility issues. The Ethics of Representing Organizations: Legal Fictions for Clients is the first book to practically address ethics within the special context of representing entities.

Fox and Martyn have combined their extensive legal knowledge and designed an accessible aid for attorneys-whether in the representation of an organization as outside counsel or as in-house counsel-in this increasingly important and complex but often-neglected process. The Ethics of Representing Organizations not only outlines ethical duties for lawyers, but also includes strategic remedies and suggestions for ethical problems as they arise. ... Read more

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<p>Offering big-picture perspective on Professional Responsibility, this brief introduction illuminates essential concepts with <b>Stephen Gillers’</b> characteristic expertise and clarity.</p><p><b>An ideal companion alongside any Professional Responsibility casebook, Regulation of the Legal Profession: The Essentials, features:</b></p><ul><li><b>author Stephen Gillers</b>, a leader in the field of Professional Responsibility</li><li><b>straightforward and engaging writing</b></li><li><b>a free-standing chapter structure</b> that offers flexibility and ease of use</li><li><b>cross-referencing between chapters</b> that connects related themes and concepts and contributes to a cohesive overview of legal ethics</li><li><b>a transparent and logical organization</b></li></ul><p>From the author of <i>Regulation of Lawyers</i>, now in its Seventh Edition, this new title in <i>The Essentials Series</i>, orients students with a big-picture view of how the legal profession is regulated. You can confidently recommend <b>Regulation of the Legal Profession: The Essentials</b> to your students.</p><p></p><p></p><p></p><p></p> ... Read more

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Patent Ethics: Prosecution serves as an essential guide to the ethical issues arising in the course of the patent prosecution process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Ethics: Prosecution is the first of two volumes on patent ethics. This treatise is the first of its kind to combine the United State Patent and Trademark Office (PTO) rules with commentary by the authors, which distills the authors' own experience and expertise in patent prosecution into effective practice strategies. ... Read more

Customer Reviews (1)

A great overview of patent-related ethical issues
What conflict of interest pitfalls might there be if a patent attorney who helps a client obtain a patent subsequently acts for the same client in legal proceedings to enforce the patent? This is one of a large number of different ethical dilemmas considered by David Hricik and Mercedes Meyer in this book. The authors discuss in depth the ethical issues associated with professional representation of patent applicants in the US.

Some of the other ethical issues considered include: when advising a client might amount to unauthorized practice of law; determining which potentially conflicting ethical standards apply in a jurisdiction; identifying who the client actually is, and when representation starts and stops; duties owed to current and former clients; the duty of candor; and the meaning and consequences of inequitable conduct. An annotated version of the Patent and Trademark Office Code of Professional Conduct is included as an appendix, and another appendix contains numerous useful forms and checklists.

While the material contained in the book is essential knowledge for US patent practitioners, much of it is also important knowledge for patent attorneys in other countries whose clients inevitably seek to obtain US patents. Many of the ethical dilemmas presented will provide good material for vigorous debate in the profession. The book is written in a clear, concise style.
... Read more

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Starting with an overview of ethics in legal practice, this book introduces learners to this fascinating and vitally important aspect of law. Readers will learn the major areas where ethical dilemmas arise, and what to expect in specialized fields such as family and criminal law.Confidentiality, conflict of interest, and unauthorized practice are among the subjects covered as readers learn how law practice is regulated and how they can bring ethical awareness to the work place! ALSO AVAILABLEINSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDER Instructor's Manual, ISBN:0-8273-5506-8Computerized Test Bank, ISBN:0-8273-6245-5 ... Read more

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8C-9, 0-13-092383-4, Christopher, Paul, The Ethics of War and Peace: An Introduction to Legal and Moral Issues, 3/E */ This classic introduction to the ethics of war and peace explores the legal and moral issues of when and how to use force to achieve political objectives.The just war tradition, the legal position of war, moral issues in war, and professional and humanitarian obligations.Ethicists, military personnel, and political analysts. ... Read more

Customer Reviews (3)

Academic Potboiler
This is a simple, and simplistic, attempt to review the nature of war as regarded by philosophers and ethicists. It may be that it was written so that the author might offer his students, in an ancient and ignoble practice, an intellectually slim volume as the text for a course. If you need something to lead you to primary sources, this might do. If you want an original take on this subject, or even the hint of perspicacious commentary, look elsewhere.

Ethics Lite
It would be best to skip this book and instead purchase Regan's Just War.While well intended, this volume is merely an overview of the subject and a superficial one, at that.

Academic potboiler
This is a simple, and simplistic, attempt to review the nature of war as regarded by philosophers and ethicists.It may be that it was written so that the author might offer his students, in an ancient and ignoblepractice, an intellectually slim volume as the text for a course.If youneed something to lead you to primary sources, this might do.If you wantan original take on this subject, or even the hint of perspicaciouscommentary, look elsewhere. ... Read more

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The act of interrogation, and debate over its use, pervade our culture, whether through fictionalized depictions in movies and television or discussions of real-life interrogations on the news. But despite daily mentions of the practice in the media, there is a lack of informed commentary on its moral implications. Moving beyond the narrow focus on torture that has characterized most work on the subject, An Ethics of Interrogation is the first book to fully address this complex issue.

In doing so Michael Skerker confronts a host of philosophical and legal issues, from the right to privacy and the privilege against compelled self-incrimination to prisoner rights and the legal consequences of different modes of arrest, interrogation, and detention. These topics raise serious questions about the morality of keeping secrets and the differences between state power at home and abroad. Thoughtful consideration of these subjects leads Skerker to specific policy recommendations for law enforcement, military, and intelligence professionals.

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Beginning with a general overview, this book examines ethical rules pertaining to the judiciary, the Bar, and solicitors. Further chapters look at confidentiality, at the particular ethical problems of the family and criminal law jurisdictions, and at the teaching of legal ethics. Other chapters put the subject into its wider social and professional context and ask whether the medical ethics can throw light on legal ethics. ... Read more

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Ethics for Paralegals attempts to animate the study of Ethics. It is critical for the paralegal student to understand the parameters of their not only their job, but also the ethical rules that define the proper practice of law. It is only after understanding legal ethics that the paralegal understands why they do things a certain way in the law office. Files are kept in a certain manner to maintain client confidentiality, retainers are collected in a certain way to comply with the rules relating to fees, and even a paralegal’s business card has ethical implications regarding the “unauthorized practice of law”.This text attempts to put these ethical rules into perspective. Attorneys and paralegals deal with these rules everyday, so everyday examples and hypotheticals are used for in-class discussion.

The Paralegal Supersite Site ... Read more

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Patent Ethics: Litigation is a unique guide to the ethical issues arising in the course of the patent litigation process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Ethics: Litigation is the second of two volumes on patent ethics. This treatise is the first of its kind to combine rules and patent-specific cases with commentary by the author, which distills the author's own experience and expertise in ethics and patent litigation into effective practice strategies.

Patent Ethics: Litigation covers many vital topics, including conflicts of interest specific to patent practice, pre-suit investigation and pleading requirements regarding inequitable conduct as well as infringement, prosecution bars, ethical issues concerning expert witnesses, and the risks that attend litigating a patent that a firm obtained for the plaintiff. ... Read more

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Authoritative coverage focuses on a lawyer’s fiduciary responsibility. Text describes the legal profession’s self-regulatory system and the professional codes that have emerged. Examines lawyers and the legal profession, including regulation and discipline. Provides a detailed discussion of the client-lawyer relationship. Judges and the quality of justice are also addressed. Provides systematic examination of the issues covered in the 1969 Code of Professional Responsibility and the 1983 Model Rules of Professional Conduct. ... Read more

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The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the last 30 years. However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and practise, this collection seeks to disrupt this homogenising impulse and to present alternative voices by bringing together a range of international scholars writing about legal ethics and the legal profession.

The book features significant and timely contributions which take contemporary and non-mainstream perspectives on the current and future shape of the legal profession. The essays not only describe the rapidly changing profession but canvas different approaches to scholarship on the legal profession. The collection seeks to explore a diverse and contextualised profession from a number of angles. Authors examine how the public sees lawyers and how lawyers see their own profession; how we practise law and how this practice shapes lawyers; how such cultural and professional practice intersects with institutional structures of the law to create certain legal outcomes; and how we regulate the legal profession to modify or institute ethical practice.

The volume provides insights into legal culture and ethics from the perspective of authors from Australia, Canada, England, the United States, New Zealand and Kenya – a diversity of national perspectives that give valuable insights into developments in the profession at the local and global level. It also illustrates diversity within the profession by tracing differing professional career trajectories based on raced or gendered barriers, alternative ethical strategies and the impact of organisational cultures in which lawyers practice.

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Real Ethics for Real Lawyers uses a lively, problem-centered approach to teach professional responsibility courses. The author, Daniel Coquillette, the former Dean of Boston College School of Law, is now the J. Donald Monan S.J. University Professor at Boston College School of Law and the Lester Kissel Visiting Professor at Harvard Law School. He has served as Chairman of the Massachusetts Bar Association Committee on Professional Ethics, as a member of the ABA Standing Committee on Ethics and Professional Responsibility, and as an Advisor to the ALI Restatement of the Law Governing Lawyers. For eight years he was also an associate, and then a partner, of a major Boston law firm. ... Read more

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Increasing concerns about the accountability of criminal justice professionals at all levels has placed a heightened focus on the behavior of those who work in the system. Judges, attorneys, police, and prison employees are all under increased scrutiny from the public and the media. Ethics for Criminal Justice Professionals examines the myriad of ethical issues that confront law enforcement, judicial system, and correctional personnel. Easy to read, practical, and filled with real-life scenarios, this comprehensive volume sheds light on an often complicated and controversial topic.

The book begins by defining the subject matter, explaining what ethics is, and what it is not. It explores the concept of false moral identity, examines difficult decisions that arise from attorney-client privilege, and discusses problematic issues such as officer gratuities. Next, the book provides a historical review of the concept of ethical reasoning, examining different religious and cultural influences and exploring ethics from various schools of philosophy.

Ethics and police officers

The authors discuss management and corruption, the causes and effects of abuse of authority, police perjury, and the practice of lying to obtain a confession. They explore the role of prejudice and discrimination in unethical behavior and review legislation designed to curb such practices.

Ethics in the courtroom

Shifting to issues that arise in the courtroom, the book addresses prosecutorial and judicial misconduct, discovery violations, the presentation of inadmissible evidence, discretion to prosecute, and defense counsel ethics.

Ethics in the prison system

Finally, the book explores issues that arise with respect to correction. The authors examine the four purposes of punishment: retribution, deterrence, incapacitation, and rehabilitation, as well as the death penalty and methods of execution.

Each chapter ends with a set of review questions to test comprehension and a series of exercises further clarifies the material. Interspersed with the content are real-life vignettes that help to ground the theoretical concepts in practice and actual court cases that illustrate the principles. Ample references are provided to inspire further study of issues for which often there are no easy answers. ... Read more

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This work, by transnational lawyers and academics, address' common liability, ethics and conflict problems in international legal practice. This is an invaluable book for all lawyers dealing with international or foreign law.

The major themes in the text are organized around three "pillars" of ethical behavior:

1) The duty of loyalty (in American terms, conflicts of interest);
2) The duty of confidentiality (attorney-client privilege);
3) The duty of competence.

Coverage includes:

Differences between conflicts from United States, Mexico, United Kingdom, Germany, Japan, China, Islamic and European Community perspective

Lawyer Liability under different legal systems

Liability and Duty of Competence

Attorney - Client Privilege in US/EC Transitions

Common Code of Conduct

Extent to which lawyers can and should advise on Foreign/International law

CCBE Code of Conduct ... Read more

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This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 25 years. Providing coverage of all of the topics found on medical law courses, it gives an overview of the inter-relationship between ethical medical practice and the law. The authors, both hugely experienced and influential in the field, offer their own opinions on current debates and controversies, and thereby encourage readers to formulate their own views and arguments.

As a still-developing discipline, medical law is significantly shaped by the courts, and as such this book provides extensive coverage of recent judicial decisions as well as statutory developments. The last edition included a new chapter on the European dimension to health care, and this edition continues to take a comparative approach, with particular importance attached to the shift in influence from transatlantic jurisdictions to those of the EU.

This book has continually evolved to reflect changes in the law and shifting ethical opinions - this eighth edition continues to fulfill this remit and is essential reading for any serious medical law student or practitioner, as well as being of interest to all those involved in the delivery and control of modern healthcare. ... Read more

Customer Reviews (1)

Fascinating
This is an excellent book for getting to grips with medico-legal issues. Cases are discussed in enough detail for you to understand the issues but without confusing legalistic jargon. Good breath and depth of information. It's actually quite readable for a med/law book. Highly recommended. ... Read more

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Ethics in Policing: Misconduct and Integrity highlights the need for empirical research to explain why some officers commit unethical acts and what might prompt other officers to report such examples of misconduct. This text offers an explanation of theories behind officer misconduct coupled with practical advice for law enforcement officials regarding how to foster ethical behavior while discouraging misconduct. Key Features: Uses descriptive statistics and regression models to explore an officer s willingness to report misconduct as it is influenced by attitudes, as well as the nature of police misconduct; Explores relevant literature in administrative ethics, social deviance theory, organizational culture, and street-level bureaucrats to help students better understand what officers face in their day-to-day interactions with citizens; A recurrent application of data from a National Institute of Justice study contains realistic scenarios of ethical issues; Presents correlation, regression, and structural equation modeling to give the student and instructor an opportunity to discuss the difference between strength of relationships and predictability. ... Read more

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Thomas Reid (1710-96) was one of the most daring and original thinkers of the eighteenth century. His work became the cornerstone of the Scottish School of Common Sense Philosophy, and was highly influential in nineteenth-century America; it also anticipated the thinking of such twentieth-century figures as Moore and Wittgenstein. Now, after a long period of neglect, his philosophy is again the subject of increasing attention across the world. For Reid, knowing about ethics is a matter of having 'good evidence' supplied by a sense-like moral faculty. William Davis's book shows how such a view can be both consistent and plausible in the twenty-first century. "Thomas Reid's Ethics" begins by characterizing the state of moral epistemology at the time when Reid was writing. It goes on to recount Reid's central claims about the moral sense, and describes the various problems that confront those who would explain and defend his views. Davis lays the foundation for resolving these difficulties by detailing an epistemological conception of evidence, which parallels the legal conception of evidence used by the Scottish courts of Reid's day.He, then, shows how Reid's claims about evidence and self-evidence are best understood in light of this legal model. The book concludes by responding to recent worries about 'moral sense' theories, and offers a final assessment of the success of Reid's ethical project. The book will be of substantial interest not only to Reid scholars and historians of philosophy, but also to specialists and students in contemporary ethics. ... Read more

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This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion,the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct.Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining,jury selection, trial conduct, and publicity.Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use in an upper level professional responsibility seminar, or in acriminal justice clinic. Pertinent provisions of the American Bar Association’s Model Rules of Professional Conduct and Standards for Criminal Justice are included in an appendix. ... Read more

Customer Reviews (2)

This is a fine product.
"Prosecutorial Ethics" deviates from the traditional law school case book and adopts a lecture/conversational tone which draws the reader into what could otherwise be a monotonous rule-based subject.The work expertly weaves a tapestry of ethics theory and practical application, drawing heavily from common law jurisprudence, the ABA's Model Rules of Professional Responsibility, and the US Justice Department Prosecutor's Manual (among others).The text presents the prosecutor's basic duties to the case, the court, and the defendant while simultaneously challenging the student to explore his or her own biases, prejudices, and ethical limits.Don't judge this book by its cover, or its relatively diminutive size."Prosecutorial Ethics" is, without a doubt, the finest legal ethics course book I have ever owned.

An Incredibly Informative and Thought Provoking Read
This book is a must read for anyone even remotely interested in the field of prosecution, and even law for that matter.The author, a professor at Boston College, is able to fit an astounding amount of information in a fairly small space and it is not a tedious read as many other books that I have read on the subject of prosecutorial ethics.The author must be incredibly intelligent to have been able to write such a book, and once again I highly recommend this book. If you think that this area is even somewhat related to what you need to know, buy it as soon as you can. ... Read more