"Golf day 2005 @ federal golf club, red hill." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (196), pp. 7.

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

Dr Boyle is right in drawing attention to the apparent inconsistency between laws that allow a fetus in utero to be aborted at the mother’s will but give the law’s full protection to a newborn infant, perhaps of the same gestation as the aborted fetus. It makes no difference how disabled the infant is, or how poor the prognosis. The reason for the inconsistency is that the two stages of the infant’s development—before birth and after birth—are governed by different legal (...) principles.While a fetus is in utero, the applicable laws are the criminal law of abortion and the civil law of battery, which here focuses on the mother’s direction alone. As Dr Boyle says, the law on abortion in the UK—and also in Australia—enables an abortion to be lawfully performed if continuing the pregnancy would present a real risk to the mother’s life, or her physical and mental health; and, additionally, in some jurisdictions like the UK, for serious fetal abnormality: see Abortion Act 1967 ,1 which includes risks to “existing children” as well as to the mother.2 Recent changes to the criminal law in the Australian Capital Territory and Western Australia have gone further and abortion is now lawful in those jurisdictions, simply on the informed request of the mother.3In jurisdictions that do not have a specific provision allowing abortion on the grounds of fetal abnormality, doctors have inferred that having a child with a serious abnormality would constitute a threat to the mother’s life or health, again focussing on the mother. The concept of harm to the mother’s health has been interpreted by the courts to include harm during pregnancy and delivery and also after the birth.4 This might take account of difficulties in raising …. (shrink)

In today’s globalised economy, characterised by high capital mobility but largely domestic tax policy, individuals and corporations can pick and choose between different tax regimes. In Catching Capital: The Ethics of Tax Competition, Peter Dietsch offers a commanding analysis covering the moral assessment and an institutional solution to the problem of tax competition. This book will prove useful to political philosophers and legal theorists seeking a thorough approach to global justice that proceeds from real-world practice. And, more importantly, (...) it will also assist policymakers, lawyers and economists from fiscal policy sectors looking for a proposal that binds together the interdisciplinary theory and practice of tax competition. (shrink)

With the expansion of clientele’s demographics and international transactions, many law firms began to open doors to non-mainstreamers—minority lawyers to join the legal workforce. Decades have passed and the inequality in compensation between minority and non-minority attorneys is still one of the most controversial issues in the legal profession. Based on human capital and labor discrimination theory, we examine the productivity and compensation differences between minority attorneys and non-minority counterparts. The sample consists of 554 firm-year observations of the (...) 200 largest U.S law firms from 2013 to 2016. We use OLS with clustered standard errors by year. We find minority partners are more likely to provide relatively routine and template-based services, which do not command fee premium, which results in low productivity of minority partners. We find that minority partners are compensated less than their non-minority counterparts after controlling for productivity. This paper aids in the understanding of diversity in the workplace and the effect of diversity on a firms’ productivity and the type of services to provide. Also, this paper has implications on the compensation gap between minorities and their non-minority counterparts. (shrink)

In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition, and breadth of practice. What began as a small activist group of social scientists volunteering their expertise to assist in the defense of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds. In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at (...) the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession's struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended "best practices" from trial lawyers, and the written and spoken recommendations and reflections of the trial consultants themselves. Addressing a broad spectrum of topics ranging from handwriting analysis to medical malpractice cases, they also suggest reforms for improving the profession and the efficacy of the trial consultant in the courtroom. The result is a critical analysis of what trial consulting truly adds to, and detracts from, the administration of justice. This book is an indispensable guide for practicing and aspiring trial consultants as well as the judges, attorneys, and psychologists who work with them. Trial Consulting provides a thought-provoking statement on the state of the profession, and students and professionals alike will benefit from the challenges it offers. (shrink)

Europe's position in the world is analyzed in relation to a specification of globalization into five global processes, whereby Europe stands out as the central node of global flows of trade and capital and as the region of uniquely high transnational entanglements, as an area of transnational normativity. The historical background and inter-relation of foreign trade and trans-polity law within Europe, both in early modern social theory and in post-Second World War institution-building, are highlighted, as well as the spread (...) of European law to other continents. The concepts of position, role, and identity should be distinguished. This historical and current position of Europe in the world is little expressed in the roles that contemporary European leaders want to play and in contemporary formulations of European heritage and identity. This is due partly to a nostalgic misjudgment by former great power politicians, but largely because of the delimited position of conventional trade and law in Europe, and of the actual but untheorized transformation of trading traditions into socially embedded trade and of the legal tradition into democratic international normativity. It is finally argued that these European practices of trade and law in fact correspond to many current critical views on global trade and global governance. (shrink)

State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect. The next (...) wave of change was due to the spread of the idea of the gradual withering away of the state in terms of building a communist society. As a consequence of this ideology was the reduction of employees in the field of law enforcement and attracting a variety of civic organizations, labor groups and citizens to fulfill a variety of law enforcement functions (voluntary civil police, civil judges, civil assistant investigator, civilian prosecutors, civil lawyers, etc.). And finally, the soviet leadership made steps in the field of law enforcement toward stricter penalties for serious crimes, as well as expanding the scope of the death penalty. The country's leadership was actively intervened in the work of law enforcement. Communist Party took control the law enforcement agencies due to the appointment to senior positions along party lines and managing work of party members through the party cell. One of the major controversies of the time was mixing the steps to improve of law enforcement sphere (increased attention to the frames, structural changes, strengthening analytical work in the study of crime statistics), with a desire to demonstrate the advantages of the socialist way of life (which was manifested in the silencing of certain criminal manifestations, artificially lowering their significance by reducing the liability on them, outright ignoring problems and their causes, etc.). Contradictions were observed in the conduct of state punitive line too. On the one hand, it was a significant step up from the Stalinist penal system by expanding the rights of prisoners, procedural rules, which led to a softening of the repressive pressure on the population. On the other hand, the state retained its attitude to dissent; applying the new forms social exclusion of dissidents, for example, applying to them the impact of psychiatric measures. These moments hampered consolidation of the new format of normative behavior in the minds of ordinary citizens, and gave rise to "double standards", the imbalance between what is declared and what actually happened. (shrink)

À partir de l’analyse des réseaux sociaux qui sous-tendent les réseaux industriels de la Silicon Valley, cette recherche montre que la nature des biens échangés et le degré d’interdépendance des acteurs économiques font de l’échange par le don le principe dominant d’échange dans les réseaux. Dans la Silicon Valley, les échanges d’information entre les capital-risqueurs, les juristes, les entrepreneurs, les dirigeants d’entreprises, les journalistes, les professeurs d’université... se font pour l’essentiel au sein de réseaux d’acteurs interdépendants et complémentaires qui (...) respectent implicitement les principes du don dans leurs échanges.From the analysis of the social networks underlying the industrial networks of Silicon Valley, this search points out that because of the nature of the exchanged goods and the degree of interdependence between the economic actors, the exchange by the gift is the principle rule of exchange in networks. In Silicon Valley, the exchanges of information between venture capitalists, lawyers, entrepreneurs, managers of large companies, journalists, professors... are done essentially within networks of interdependent and complementary actors who implicitly respect the rules of the gift exchange theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TWILIGHT OF THE VAMPIRES: HISTORY AND THE MYTH OF THE UNDEAD Matthew Kratter University ofCalifornia Berkeley "Whoever fights monsters should see to it that in the process he does not become a monster." (Nietzsche, Beyond Good andEvil, IV, 146) One ofthe most satisfying parts ofan extended engagement with the mimetic theory is the bird's-eye view of history that it affords one—that magnificently coherent panorama which stretches from proto-hominids through (...) the Passion to post-culture and the Apocalypse. The sheer scope of Girard's historical vision is also, admittedly, one ofthe more controversial aspects of his theory. As early as Violence and the Sacred (French, 1972; English trans., 1977), in a conscious revolt against the anti-Hegelian and anti-systematic temper of the times, Girard implied a historical telos for human culture that consists ofthe gradual replacement of sacrificial by non-sacrificial paradigms and praxes. With the publication of Things Hidden Since the Foundation ofthe World (1978; 1987) and The Scapegoat (1982; 1986), however, Girard appeared to step beyond the pale of polite (read, secularist) academic discourse by explicitly identifying the Christian Paraclete as the divine dynamo behind the historical process: "The Spirit is working in history to reveal what Jesus has already revealed, the mechanism ofthe scapegoat, the genesis of all mythology, the nonexistence of all gods of violence" (Scapegoat 207). More recently, in an essay on Satan (literally, "the accuser"), the contrasting role of the Paraclete (literally, "the lawyer for the defense") as a defender ofvictims is again emphasized: Matthew Kratter31 It is possible to read the history, first of the Christianized West, then ofthe Westernized planet, our modern history, as... a process of vindication and rehabilitation of more and more persecuted victims. New hidden victims of society are continuously being brought to light; the consensus against them always dissolves after a while. First it was slaves, then the lower classes, then people ofdifferent ethnic and religious backgrounds. Today the victimization of ethnic groups, of women, ofhandicapped people, ofthe very young and the very old, is coming to light. (GirardReader 208) Mostrecently, Girard's view ofhistory has become, ifanything, more unified, as (following Raymund Schwager) he has begun to emphasize the continuity between the sacrificial and the non-sacrificial (without, of course, trying to elide their differences). At a recent AAR/SBL conference in San Francisco (22 November 1997), Girard discussed the Eucharist as a recapitulation ofthe religious history of mankind, in which all previous forms of sacrifice are present (from cannibalism and "other-sacrifice" to the other end of the spectrum and "self-sacrifice"). Or phrased somewhat differently, the redemptive effects ofthe Passion radiate backwards and forwards in time— what Giuseppe Fornari implies when he refers to Christianity's "capacity to redeem the whole history ofman, summing up and surpassing all its sacrificial forms" (187). It may well prove that "Sacrifice" (with a capital "S") is the single most important and comprehensive word that we possess to describe our history. The central contention ofthis essay is that the phenomenon ofthe vampire offers itself as a privileged site for exploring this work of the Paraclete in history. The very processes of "bringing to light" and "exhuming victims," described by Girard above, are certainly metaphors appropriate to the twilit world ofthe vampire, in which the undead are always being dug up or exposed to die light. IfI maintain that, this late in the twentieth century, we are living in the "twilight ofthe vampires," the allusion to Wagner's Götterdämmerung and Nietzsche's Götzen-dämmerung is not accidental. The ambiguity ofthe German verb dämmern (which can mean "to grow dark" or "to grow light") captures all the paradoxes that surround the mythologizing, demythologizing, and remythologizing of the traditional figure ofthe vampire. I will explore these paradoxes in five successive moments (in the most archaic and traditional form taken by the vampire, then in a medieval persecution text, a late-Victorian novel, a German Expressionist film, and finally a series of 32Twilight ofthe Vampires contemporary popular novels) in order to demonstrate the various metamorphoses undergone by the vampire throughout a history which may be viewed as overseen by the Paraclete—and by a... (shrink)

This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, (...) restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens. (shrink)

By promoting greater alignment between law and capital, litigation financing has the potential to further escalate the substantial restructuring that is occurring throughout the legal profession. This article examines regulation of the relationship between litigation funders and lawyers in three common law jurisdictions: the United Kingdom; the United States; and Australia, against the backdrop of a sea change in the way in which legal services are being delivered. It argues that a broad prescriptive approach rather than proscriptive prohibitions (...) are the best way to regulate the emerging relationship between law and capital. (shrink)

The extent to which Latin was familiar to the inhabitants of late sixth- and early seventh-century Constantinople is a topic of current discussion and interest. While there is little evidence to suggest a significant knowledge of Latin even among the educated in the seventh century, it is clear that in the late sixth century the language was still familiar to a section of the upper classes. Among native easterners, the degree of this familiarity would certainly have varied considerably, from those (...) who could recognise a few words of Latin, through the lawyers, administrators and military men who had a specialised, professional knowledge, to the small proportion who could detect the Virgilian echoes in Corippus' panegyric of Justin II. Whether Paul the Silentiary, epigrammatist and panegyrist of the Emperor Justinian's church of S. Sophia, should be included in the small category who were acquainted with Latin literature is indeed a more far-reaching issue than that of the survival of Latin in the eastern capital, since it is an element in the larger problem of the extent to which late Greek poets knew and imitated the work of their Latin predecessors. The broad generalisations of the past no longer satisfy modern scholarship, which rightly demands rigorous scrutiny of the evidence for each individual author. (shrink)

MORALITY, JUSTICE AND THE LAW is a co-edited volume pulling together selections on theories of the moral underpinnings of law, morality and lawyering (including the religious lawyering movement), civil disobedience, capital punishment and immigration. The book was published by Prometheus Books in 2007.

It has been claimed that to fully understand the law, one must know the language of normative texts and the relevant rules governing its use. It usually means that normative texts do not seem to be comprehensible enough to persons without formal legal training. In an on-going research project, we are focusing on the process of writing texts of legal regulations, conducting semi-structured interviews with those involved in drafting normative texts. In this paper, we focus on lawyers as a (...) speech community of legal language speakers and we discuss why and to what extent this speech community may be considered an elite in a society. We show that competent usage of special – legal – language in regulating the whole society may help create a special group of persons wielding an important segment of cultural capital: the knowledge of legal language, and, in consequence, competent knowledge of law. Given the fact that this language is used to exercise (legal) power in a society, lawyers appear to be in the advantageous position of an elite. We argue that those who draft new legal texts reproduce writing rules and customs, constantly re-creating legal language as a language mostly incomprehensible to a non-competent speaker, and, in consequence, creating lawyers as an elite speech community. (shrink)

In the January 6, 1991, issue of theWashington Post Magazine, reporter Walt Harrington wrote a profile of Bryan Stevenson. Mr. Stevenson is a 31-year-old working-class African-American from Delaware who graduated from Harvard Law School and the Kennedy School of Government. Like the typical graduate of Harvard Law School, Mr. Stevenson had the opportunity to join the worlds of six-figure corporate law or high-visibility politics. Rather than follow his colleagues, however, Mr. Stevenson works seven-day, eighty-hour weeks as director of the Alabama (...) Capital Representation Center. He appeals death sentences, handling twenty-four death-row cases himself, supervises five other lawyers who cover about thirty cases, and raises federal government and foundation funding. He does this living a Spartan existence on a salary of $24,000, refusing even the $50,000 directorship salary offered to him. (shrink)

This article recalls the fact that until the mid-19th century neither company legislation, nor jurists, nor economists, envisioned companies to be private or small. Nevertheless, once freedom of incorporation and general limited liability were enacted, a new practice was set in motion in Britain. Smaller companies were formed in growing numbers, replacing partnerships, family firms and even sole proprietorships. They operated in sectors in which corporations had not been found before. These companies did not seek access to the stock markets. (...) The article tracks the take-up pattern and changing characteristics of the corporate form in Britain between the enactment of free incorporation and general limited liability (1844–62) and the formal legal recognition of the private company (1907). It shows the dramatic increase in annual incorporation and the parallel decrease in the average capital and average number of shareholders in newly formed companies. The article then analyses the reasons for the decision of businesspersons to incorporate their small firms. The main motivations were the possibility to create asset partitioning between personal and business assets and the ability to use the floating charge. Finally, the article examines the legal reaction to the bottom up emergence of the private company. It examines the reactions of the courts (in the famous Salomon v Salomon case) and of the legislature to this unpredicted practice. It argues that incorporators and their lawyers used the available contractual flexibility to privately design Articles of Association and to adjust them to the specific needs of private and small companies, often by introducing partnership internal governance rules into company Articles. The present study relies on newly gathered data on the take-up of the company form and a newly produced sample of company files collected at Companies House and the National Archives. (shrink)

The business community of Canada manifests questionable moral and ethical standards in its criticism of government spending, since it itself bears considerable responsibility for the increase in government spending and budget deficits. The contradiction arises from the failure of the business community to recognize the liberalization of society at large and the associated social responsibility for the well-being of its citizens; a well-being manifested in income maintenance programmes, in access to education and training, in health care, and others. The failure (...) to recognize such expectations is manifested in its failure to provide adequately for the retirement of its employees, for the health care of its employees, for laid-off and seperated employees, thereby shifting the burden to government. Further, it has failed to assume responsibility for the training and retraining of the workers it employs, including high-level workers trained specifically to its purposes in business schools. While expecting government to bear full financial responsibility for income maintenance, health, education and training, the business community makes every effort to deny government the revenues it needs to meet its obligations. The avoidance of tax payments stands high amongst business objectives, manifested in the employment of highly paid accountants and tax lawyers specifically for the purpose. Finally, in their criticism of government spending, business spokesmen deliberately fail to distinguish between consumption spending and capital investment spending, notwithstanding the significant contribution to the production infrastructure of the economy of government investment expenditures. If the capital expenditures were to be taken out of the government's budget, the deficit will decrease substantially. (shrink)

Mental health clinicians and evaluators of a person's mental health for legal purposes must address highly nuanced and possibly conflicting goals that arise in their work. Forensic Neuropsychiatric Ethics reviews real-life dilemmas facing practitioners who work in the field of mental health. The first two chapters ground the reader in the modern history and evolution of forensic ethics. Subsequent chapters provide practical direction on a range of important topics, including maintaining robust professionalism, writing an ethical report, testifying ethically, participating in (...) capital cases, managing bias and subjectivity, incorporating testing into one's opinion, and working in leadership roles. Other topics include providing informed consent; violating confidentiality; considering advance directives and physician assistance in dying; fulfilling the Tarasoff duty to protect; ethical considerations related to assisted outpatient treatment; the assessment and potential removal of firearms; the termination of pregnancy and decisional capacity; recognition of structural and implicit bias in violence risk assessments; and implications for the use of neuroscience and artificial intelligence in the courtroom. The book is written for all clinicians, forensic evaluators, educators, administrators, lawyers, and judges. (shrink)

Philosophers have never shied away from interrogating the nature of our obligations beyond borders. From Hobbes to the international lawyers Grotius, Pufendorf, Vattel, and of course Kant, modern philosophy has always attempted to define the nature and shape of a just international order, and the types of mutual obligations members of different political communities might share. In today's hyper-connected world, these issues are more important than ever and have been an impetus to a political theory with global scope and (...) aspirations. Global Political Theory offers a comprehensive and cutting-edge introduction to the moral aspects of global politics today. It addresses foundational aspects of global political theory such as the nature of human rights, the types of distributive obligations that we have toward distant others, the relationship between just war theory and global distributive justice, and the legitimacy of international law and global governance institutions. In addition, it features analyses of key applied moral debates in global politics, including the ethical aspects of climate change, the moral issues raised by the mobility of financial capital, the justness of different international trade regimes, and the implications of natural resource ownership for human welfare and democratic political rule. With contributions from leading scholars in the field, this accessible and lively book will be essential reading for students and teachers of political theory, philosophy and international relations. (shrink)

Marx was born in 1818, Engels in 1820, both in Germany. Marx's father was a lawyer, and he went to Bonn and Berlin universities, at first to study law, then philosophy (a flourishing subject in German universities at the time). Engels was not a university man. He went into business. From 1850 to 1870 he managed his family's firm's cotton mill in Manchester. Engels had first-hand knowledge of the English capitalists: he was one. After retiring from the cotton industry he (...) lived on in England. From 1849 Marx lived in England, supported by Engels. His political activities had got him into trouble in Germany and in other parts of Europe, and in the 19th century England received many political refugees. Marx worked in the British Museum studying the English economists and writing Capital. He corresponded constantly with Engels, and after Marx's death Engels edited volumes 2 and 3 of.. (shrink)

Currently, most legal professions are not representative of the communities which they serve. They do not proportionally include diverse members of the community, nor ensure there are diverse practitioners represented in all areas of practice and at senior levels. This impacts on access to justice, a key premise of the law and legal system. One step to make the legal profession more diverse is for law schools to ensure that diverse law students are both admitted and enabled to succeed in (...) their law degrees. While transition to university by diverse students has been analysed over the last 20 years, there remains a disjunct, with students’ cultural capital not being recognised, and students being expected to assimilate into the university, rather than their law studies moulding around them. Using a theoretical model of ‘transition as becoming’, this article analyses first-year law students at Western Sydney University Australia and their responses to a reflection survey. The study identified three key factors which enhance diverse law students’ success: recognising the family, work and caring responsibilities of students; enhancing peer support; and making study expectations explicit. In this way, the curriculum can become a vehicle for ensuring successful transition to law study by diverse students. (shrink)

Past research suggests that Working Memory plays a role in determining relative clause attachment bias. Disambiguation preferences may further depend on Processing Speed and explicit memory demands in linguistic tasks. Given that Working Memory and Processing Speed decline with age, older adults offer a way of investigating the factors underlying disambiguation preferences. Additionally, older adults might be subject to more severe similarity-based memory interference given their larger vocabularies and slower lexical access. Nevertheless, memory interference and sentence disambiguation have not been (...) combined in studies on older adults before. We used a self-paced reading paradigm under memory load interference conditions. Older (n = 30) and Younger (n = 35) readers took part in the study online; reading times were recorded and measures of comprehension accuracy and load recall were collected. This setup allowed for the implicit measurement of attachment biases and memory interference effects interactively. Results show that similarity-based interference affected both age groups equally, but was more pronounced in NP2-biased structures, which took participants generally longer to read. Attachment preferences did not differ by group and were unaffected by Working Memory span. However, accuracy on recall prompts was predicted by Working Memory span in both groups. Findings of greater interference in syntactically dispreferred structures support unified processing models where parsing constraints naturally interact. The lack of age differences on our measures further aligns with research finding age-invariant implicit language processing. (shrink)

El capital social, si bien corresponde a una categoría nacida de la economía política clásica y, en particular, empleada por Karl Marx, en su versión contemporánea se muestra en la combinación del capital físico y el capital humano en el contexto de la teoría de la economía de bienestar. En la primera parte se expone la cuestión conceptual y en la segunda se expone el capital humano en un modelo de crecimiento de Convergencia. Se consideran los (...) niveles de escolaridad promedio en los asentamientos irregulares de la Delegación Milpa Alta en el Distrito Federal entre 2000-2005 y se proyectan las tasas al 2020 que mantiene los resultados de Convergencia obtenidos en el modelo para el 2000-2005, demostrando la relación entre valor, trabajo, educación y crecimiento. (shrink)

Among key emerging societal principles to which a lawyer owes a high degree of fidelity are those that advance sustainability and that combat corruption. This essay considers the character of those...

Law must evolve to play its part in addressing the anthropogenic threats of climate change and biodiversity loss. Lawyers have a key role to play in assisting that evolution, and the ethics that govern lawyers’ work will play a large part in determining its success. This article explains how four core approaches to legal ethics support lawyers in their work to address climate change and to facilitate more sustainable ways of living.

The author's aim is to prove that certain moral principles will always be etched into laws when the interest of society demands it and when morality as a set of norms guiding behavior no longer functions in an expected manner outside the system of law. In this paper, it is argued that morality is constituted within the law in a more profound way as well as in a way which is also much more difficult to identify than, for example, conventional (...) instructions concerning professional ethics may indicate. The main thesis is that de facto there are no particular professional ethics of lawyers beyond or above the ethical principles binding all people. (shrink)

The ArgumentIn the summer of 1783, a trial took place in the French city of Arras. One M. de Vissery, a resident of the nearby village of St. Omer, was appealing a decision by his local aldermen, who required him to remove a lightning rod he had put on his chimney. His young defense lawyer was Maximilien Robespierre, who made a name for himself by winning the case. In preparation, Robespierre and his senior colleague corresponded with natural philosophers and jurisconsultants. (...) Robes- pierre then persuasively resolved the crucial problem, namely, the proper relations of scientific to legal authority. He exploited the empiricist dogma common to contemporary physics and jurisprudence to argue that judges need not defer to scientific experts, but must only consider the facts, which required no expertise. It was a first approximation of an argument Robespierre would make with mounting authority over the next decade. (shrink)

In Australia, since 2004, there has been a move to expand the range of models for legal practice. Lawyers may now incorporate a legal practice, which may have non-legal directors and shareholders. They may also enter into a partnership with a range of non-legal professional partners. This change is happening at the same time that legal practice culture is moving from a professional service model to a business-oriented model. Increased pressures have been thrown into the mix by the global (...) financial crisis and the downturn in the legal market. Inevitably, these changes have created new conflict problems. When a lawyer is responsible to both clients and shareholders, how can that conflict be resolved? What are the roles of non-legal directors or partners? What if they have ethical or legal duties which conflict with a lawyer?s duty to a client? When a corporate legal business is listed on the stock exchange, what pressure may that bring to bear on the business model of the legal practice? How can all of these issues be resolved in grim financial times? The author will examine all of these issues in light of Australian and international experiences with new lawyering patterns and the global financial crisis. (shrink)

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does (...) not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation. (shrink)

There is a wealth of resources— ideas, insights, discoveries, inventions, traditions, cultures, languages, arts, religions, sciences, narratives, stories, poems, customs and norms, music and songs, games and personal experiences, and advertisements—that we produce, curate, consume, transmit, and inherit as humans. This wealth, which I define as semantic capital, gives meaning to, and makes sense of, our own existence and the world surrounding us. It defines who we are and enables humans to develop an individual and social life. This paper (...) discusses the shift from analog to digital semantic capital, and the extent to which this might affect the semanticisation of our identities, our lives and our realities. -/- . (shrink)

This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.

_Against Capital Punishment_ offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments (...) for capital punishment and presumes the appropriateness of execution in limited cases. At the same time, the book contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. The heart of _Against Capital Punishment_ is a philosophical defense of the well-known irrevocability argument, which analyzes the argument’s premises, establishes their validity, and vindicates them against objections. The central claim is that execution violates the principle of remedy, which requires legal institutions to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The death penalty is repellent to the principle of remedy by dint of its irrevocability. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the obligatory remedial measures, execution is impermissible. _Against Capital Punishment_ also reveals itself to be free from two serious defects plaguing other versions of proceduralism: the retributivist challenge and the problem of controversial consequences. (shrink)

After more than 40 years of development, China has established a relatively complete system of lawyers, including laws and regulations, a unified qualification examination, and lawyers associations. Today, there are nearly 600,000 lawyers working in various fields. However, the Communist regime in China has never adopted the so-called Western values of freedom and equality, the guarantee of human rights, and the rule of law, while the socialist ideology emphasizes the obedience of the individual to the collective and (...) to the power of the State, and thus the Communist Party has always emphasized management and control in its attitude toward lawyers. At the same time, because of its consistency with socialist ideology in many aspects, various concepts of traditional Chinese law have been preserved, which allowed a prejudice against lawyers based on traditional Chinese legal culture to persist to this day, to the extent that many Chinese people lack trust in lawyers. Chinese lawyers have no choice but to tactfully try to come to terms with the Communist Party and overcome traditional attitudes and unfavorable publicity against lawyers. (shrink)

While debate continues over the role of the lawyer in society, this article notes that the recently amended professional conduct rules of both barristers and solicitors and the proposed draft National Law prioritise the duty to the court and the administration of justice. In addition, the Australian Learning and Teaching Council's threshold learning outcomes for legal education corroborate these obligations when they assert that the role of a lawyer includes a professional responsibility to promote justice in service to the community. (...) By referring to Australia's proposed regulatory framework and associated national professional conduct rules, and drawing upon the American Bar Association's Model Rules of Professional Conduct and a body of US literature that refers to lawyers as public citizens, this article will argue that Australian lawyers owe a duty to the public in their everyday dealings with clients. In doing so, this article will refer to some theories of citizenship; and what it means for lawyers, in a practical sense, to act as public citizens. (shrink)

This article aims to analyze the relationship between intellectual capital and innovation through market orientation in the Indonesian film Industry as a creative economy in the new economic age based on information intensification and creativity with superior ideas, knowledge and competencies of human resources. To collect data, a questionnaire was used. Out of 65 populations of film companies, by random sampling, 56 were selected as representative samples. The Partial Least Square Structural Path-Modeling (PLS-PM) was used to test the hypotheses. (...) The research outcomes revealed that intellectual capital, market orientation, and innovation are fairly high. Intellectual capital has a positive effect on market orientation and innovation. Market orientation mediates the effect of intellectual capital on innovation. Intellectual capital may directly affect the innovation of the Indonesian film industry and through market orientation. Human capital, structural capital, and customer capital must be strengthened to support customer orientation, competitor orientation, and internal integration of the company, so that innovations in products, processes, and strategies can be increased. This study implies that the innovation will develop more with the pertinent intellectual capital and suitable market orientation. (shrink)

Some jurisdictions acknowledge, as a matter of positive law, the relevance of evil to capital punishment. At one point, the state of Florida counted that the fact that a murderer’s crime was “especially wicked, evil, atrocious or cruel” as an aggravating factor for purposes of capital sentencing. I submit that Florida may be onto something. I consider a thesis about capital punishment that strikes me as plausible on its face: if capital punishment is ever morally permissible, (...) it is permissible as a response to evil. Call this the Punishment as a Response to Evil thesis, or PRE. If capital punishment is not morally permissible as a response to evil, then, according to PRE, it is not morally permissible, period. PRE admits of at least two different readings: on the first, if capital punishment is ever morally justified it is justified as a punishment for evil crimes; on the second, if capital punishment is ever morally justified it is justified as a punishment for evil people. While this first version of PRE has found advocates in both philosophy and forensic psychiatry, I argue against this first reading of PRE and for the second. To secure this conclusion I appeal to an account of evil and evil personhood that I have developed elsewhere. (shrink)