Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index.

efining Documents in American History: Business Ethics offers an in-depth analysis of 67 primary source documents at the foundation of the study of business ethics. These include letters, newspaper accounts, book excerpts, speeches, political debates, testimony, firsthand accounts, memoirs, court rulings, legal texts, legislative acts, excerpts from both fiction and nonfiction books, and dialogues from dramatic works. More and more, the specific ethics policies that have many businesses and corporations developed in the 1970s and 80s are (...) not enough today. Transparency related to sources and materials, pricing strategies, and the public good are crucial for the success of any business. The material in this two-volume reference work is organized into five sections, and each section begins with a brief introduction that defines questions and problems underlying the subjects addressed in the historical documents. These documents provide an overview of business ethics and how it affects all of society, from the heads of corporations in industries like oil, energy, social media, food, and transportation to the workers that produce the goods and services to the consumers of those goods and services. They present a wide array of legal and moral opinions, descriptions of the effects that business ethics can play in the national and global economy, and they take a closer look at the way that business ethics relates to politics. Each historical document is supported by a critical essay, written by historians and teachers, that includes a Summary Overview, Defining Moment, Author Biography, Document Analysis, and Essential Themes. An important feature of each essay is a close reading of the primary source that develops broader themes, such as the author s rhetorical purpose, social or class position, point of view, and other relevant issues. Each essay also includes a Bibliography and Additional Reading section for further research. The detailed document analysis begins with early essays instrumental in the creation and development of the field of business ethics and continues to 2019 by examining issues relevant right now, from harassment and discrimination to technology and privacy. This two-volume set includes in-depth chapters that provide a thorough commentary of significant primary source documents. -- Amazon.com. (shrink)

The aim of this bibliography is to present a comprehensive list on the concept of promises. Its main focus is the ethical discussions of promises. It includes also some of the essential legal reference works and literature on promises and contracts, the linguistic materials on speech-acts and performatives (for example, the so-called performative analysis of John Ross) that have a bearing on the concept of promises, and some of the philosophical literature on the related topics of social contract, (...) consent, and obligation. Readers are invited to submit to the author any omissions. (shrink)

This volume, modeled after those published in The Library of Living Philosophers, attempts to provide a coherent statement of the work of Abraham Edel in moral and political theory, and on the impact of his work on such diverse areas as education, law, and social science. The methodological element of Edel's work is to see ethical and social theory in the full context of human life; specifically how twentieth-century modes of analysis impact classical concerns about right and wrong, good and (...) evil. The volume is tightly integrated from start to finish, and has the benefit of Edel's thoughtful and thoroughgoing response to critics. In short, while this work is a tribute to the work of a scholar, it aims to serve as a basic guide through the labyrinthian world of contemporary ethical theory and social practice. Contents: Beryl Harold Levy, "Reflective Culture as Philosophy of Law"; Betty A. Sichel, "Abraham Edel's Contribution to Philosophy of Education"; Gerald E. Myers, "Person and Personality--and Respect for Both"; Mihailo Markovic, "Abraham Edel on the Method of Ethical Theory"; Helen Block Lewis, "Consequences for Ethical Theory of a Focus on the Psychology of Shame and Guilt"; Edmund L. Pincoffs, "Ethics as an Explanatory Undertaking"; Standish Thayer, "The Network of Concepts: A New View of Aristotle"; Mortimer R. Kadish, "Abraham Edel and the Dream of Science"; Michael Levin, "Reflections on Non-Cognitivism"; Ralph W. Sleeper, "Naturalizing Legal Positivism"; Irving Louis Horowitz, "The Political Philosophy of Abraham Edel"; Finbarr W. O'Connor, "Network Analysis in Ethics"; Elizabeth Flower, "A Moral Agenda for Ethical Theory"; Abraham Edel, "Responses to Critics"; "An Edel Bibliography.". (shrink)

In this volume comprised of sixteen essays and rebuttals, author and professor of philosophy Susan Haack responds to her fellow philosophers and her critics on a wide range of topics that involve much more than the esoteric nature of contemporary philosophy. Instead, as is Haack's forte, she asserts her views on important current issues such as how scientists conduct their work, the ethics of affirmative action and the pitfalls of preferential hiring, and how the distorted reality the postmodern thinkers (...) have presented has corrupted legal thinking. Her charge is to bring clarity, precision, integrity, and most of all, practicality to her field of study. (shrink)

A fine collection of forty four essays and reviews, manifesting Cohen's thorough-going scholarship and vigorous approach to three areas: the philosophy of ethics and law, the social and legal status of the American Indian, and the philosophy of American Democracy. Cohen possessed the rare combination of abstract philosophical acumen and the ability to put his thought into practice. The major theme of the collection is at once an attack on "transcendental nonsense" and a defense of "the functional approach." (...) A bibliography of Cohen's work is included.--R. C. N. (shrink)

Questions concerning the moral and appropriate legal status of abortion are among the most important issues in applied ethics, and answering those questions involves addressing some intellectually very difficult issues. First, many alternatives exist concerning what nonpotential properties suffice to give something moral status. These include (a) having the capacity for thought, (b) having the capacity for rational thought, (c) possessing self-consciousness, (d) being a continuing subject of mental states, (e) being a subject of nonmomentary interests, (f) being (...) an agent, (g) being a moral agent, (h) having consciousness, (i) having both consciousness and desires, and (j) being able to use a language. Deciding which of these, or other alternatives, correctly identifies nonpotential properties sufficient to give one moral status is not at all an easy matter. -/- Second, another crucial and very challenging issue is this. Suppose that property P gives an entity moral status. If something will, in the normal course of development, acquire property P, does that entity then have moral status by virtue of that potentiality? This question, which appears to be crucial for determining the moral status of abortion, is presently the object of serious philosophical disagreement. -/- Finally, given certain answers to the preceding two questions, the moral status of abortion may depend upon answers to questions in areas outside of ethics. Suppose, for example, that something begins to have moral status only when it acquires a capacity for thought. Then the question is when developing members of our species first acquire that capacity. Answering that question, however, depends upon answering philosophical and scientific questions about the nature of human minds, because it may be crucial whether, as some philosophers believe, substance dualism is right, and the human mind is an immaterial entity, or whether, on the contrary, either property dualism or physicalism is correct. If substance dualism is right, then determining when a human first acquires the capacity for thought may depend upon philosophical or religious arguments, whereas if either property dualism or physicalism is correct, the answer will depend instead upon the outcome of demanding scientific investigations in neurophysiology and psychology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.1 (2002) 103-113 [Access article in PDF] Scope Note Update Searching Across Boundaries: National Information Resource on Ethics and Human Genetics* While indeed an historical moment, the announcement of the mapping of the human genome has been treated in the literature as a beginning—a new way to think about biology and the ways in which biological concepts are applied to medicine. Issues (...) of both Science and Nature magazines celebrated the event by establishing interdisciplinary websites where readers can access essays on aspects of genome mapping and directly link to databases to search for more information on the topics (IV. Genome Gateway 2001; The Human Genome 2001). Since 1994, the National Information Resource on Ethics and Human Genetics (NIREHG), a special project of the National Reference Center for Bioethics Literature (NRC), has been providing such an integrated information service on ethics and genetics. Designed to enable a wide range of users to go from annotated bibliographies (Scope Notes) and brief essays (called "enotes") to database searching, NIREHG fosters an interdisciplinary approach to research on ethics and genetics. Links are provided between and among Scope Notes and enotes to information maintained on the NIREHG site as well as to sources found throughout the Internet. In providing the following annotations added to NIREHG materials since 1997, the Kennedy Institute of Ethics Journal (in its online presence through Project Muse) becomes an additional forum for NIREHG links. "It is a rare and wonderful moment when success teaches us humility, and this, I argue, is precisely the moment at which we find ourselves at the end of the twentieth century" (IV. Keller 2000, p. 7). It is with both joy and humility that we celebrate the mapping of the human genome. [End Page 103] I. Genetic Testing Andrews, Lori B. Future Perfect: Confronting Decisions About Genetics. New York: Columbia University Press, 2001. 264 p.Noting the wide impact of genetic testing, Andrews discusses patient self concept, reproduction decisions, confidentiality, discriminations in health insurance and employment, the need for competent counseling, and the legal, ethical, and social regulations she deems important to help solve dilemmas arising from the tests and their ensuing ramifications. She describes three models, pointing out both advantages and problems: a medical model with physician gatekeepers, a public health model that could provide education as well some testing for those unable to afford tests, and a fundamental rights model that could give greater weight to individuals decisions about the use of health care services. The book has 85 pages of footnotes.American Society of Human Genetics. Social Issues Subcommittee on Familial Disclosure. Professional Disclosure of Familial Genetic Information. American Journal of Human Genetics 62 (2): 474-83, February 1998.The ASHG statement outlines points to consider: the general rule of confidentiality, exceptional circumstances that permit disclosure, and the ethical duty to inform patients about familial implications. Background discussion includes: ethical frameworks for disclosure of otherwise confidential information, the duty to warn under law, and international trends and positions.Boetzkes, Elisabeth. Genetic Knowledge and Third-Party Interests. Cambridge Quarterly of Healthcare Ethics 8 (4): 386-92, Summer 1999.Protection from the interests of insurers or prospective employers are discussed from the point of view of the ethical basis of the professional obligation to confidentiality as well as the right to privacy of those tested. However, the author supports family members, saying that "first-party resistance to disclosure may be overcome by weighty third-party claims."Chadwick, Ruth; Shickle, Darren; ten Have, Henk; and Wiesing, Urban, eds. The Ethics of Genetic Screening. Dordrecht, The Netherlands: Kluwer Academic Publishers, 1999. 255 p.Twenty-one chapters and 23 authors provide views of genetic testing/screening in different European countries and offer brief discussions of sociological perspectives, moral and philosophical issues, privacy, reconciling liberty and the common good, and questions raised in genetic testing of children.Clayton, Ellen Wright. Genetic Testing in Children. Journal of Medicine and Philosophy 22 (3): 233-51, June 1997.Clayton argues that there is room for... (shrink)

This volume, modeled after those published in The Library of Living Philosophers, attempts to provide a coherent statement of the work of Abraham Edel in moral and political theory, and on the impact of his work on such diverse areas as education, law, and social science. The methodological element of Edel's work is to see ethical and social theory in the full context of human life; specifically how twentieth-century modes of analysis impact classical concerns about right and wrong, good and (...) evil. The volume is tightly integrated from start to finish, and has the benefit of Edel's thoughtful and thoroughgoing response to critics. In short, while this work is a tribute to the work of a scholar, it aims to serve as a basic guide through the labyrinthian world of contemporary ethical theory and social practice. Contents: Beryl Harold Levy, "Reflective Culture as Philosophy of Law"; Betty A. Sichel, "Abraham Edel's Contribution to Philosophy of Education"; Gerald E. Myers, "Person and Personality--and Respect for Both"; Mihailo Markovic, "Abraham Edel on the Method of Ethical Theory"; Helen Block Lewis, "Consequences for Ethical Theory of a Focus on the Psychology of Shame and Guilt"; Edmund L. Pincoffs, "Ethics as an Explanatory Undertaking"; Standish Thayer, "The Network of Concepts: A New View of Aristotle"; Mortimer R. Kadish, "Abraham Edel and the Dream of Science"; Michael Levin, "Reflections on Non-Cognitivism"; Ralph W. Sleeper, "Naturalizing Legal Positivism"; Irving Louis Horowitz, "The Political Philosophy of Abraham Edel"; Finbarr W. O'Connor, "Network Analysis in Ethics"; Elizabeth Flower, "A Moral Agenda for Ethical Theory"; Abraham Edel, "Responses to Critics"; "An Edel Bibliography.". (shrink)

Universalism vs. Communitarianism focuses on the question, raised by recent work in normative philosophy, of whether ethical norms are best derived and justified on the basis of universal or communitarian standards. It is unique in representing both Continental and American points of view and both the older and a younger generation of scholars. The essays introduce the key issues involved in universalism vs. communitarianism and take up ethics in historical perspective, practical reason and ethical responsibility, justification, application and history, (...) and communitarian alternatives. Based on a special issue of the Journal Philosophy and Social Criticism, the book includes two additional essays by Chantal Mouffe and by Hubert and Stuart Dreyfus. David Rasmussen is Professor of Philosophy at Boston College and editor of Philosophy and Social Criticism. Contents: introduction, David, Rasmussen. Universalisms: Procedural, Contextualist, and Prudential, Alessandro Ferrara. Beyond Liberalism and Communitarianism: Toward a Critical Theory of Social Justice, Gerald Doppelt. The Liberal/Communitarian Controversy and Communicative Ethics, Kenneth Baynes. Discourse Ethics and Civil Society, Jean Cohen. Equality, Political Order and Ethics: Hobbes and the Systematics of Democratic Rationality, Rolf Zimmermann. Atomism and Ethical Life: On Hegel's Critique of the French Revolution, Axel Honneth. The Gadamer-Habermas Debate Revisited: The Question of Ethics, Michael Kelly. What Is and What Is Not Practical Reason? Agnes Heller. Adorno, Heidegger, and Postmodernity, Hauke Brunkhorst. Impartial Application of Moral and Legal Norms: A Contribution to Discourse Ethics, Klaus Günther. An Ethics, Politics, and History, Jürgen Habermas in an interview conducted by Jean-Marc Ferry. Rawls: Political Philosophy without Politics, Chantal Mouffe. What Is Morality: A Phenomenological Account of the Development of Ethical Expertise, Hubert L Dreyfus, Stuart E. Dreyfus. Universalism and Communitarianism: A Bibliography, Michael Zilles. (shrink)

Children may be abused physically, sexually, emotionally and by omission or commission in any permutation under these headings. This is discussed in terms of the separate and overlapping responsibilities of parents, guardians, the community in which they live and the network of professional services developed to care for, protect and educate children. An attempt is made to place these issues within an ethical framework, with regard to the legislature of England and Wales. It is argued that professionals working within this (...) field have an obligation either to keep up to date in respect of a large and growing body of research and practice knowledge or to consult 'experts' within the field when making complex and far-reaching decisions on behalf of abused children and their families. A representative, inevitably incomplete, bibliography is discussed and appended and there is brief reference to the role of expert witnesses concerning children involved in civil legal proceedings. (shrink)

Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the (...) world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions. (shrink)

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the (...) case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal of ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies. (shrink)

Legal Ethics : A Guide for future practitioners helps students better understand how ethical rules are applied in real-world legal practice and encourages them to discover, discuss, and debate, about different scenarios that can make up ethical dilemmas in their future careers. The interactive eBook format allows students to read the text of each chapter and engage with digital learning activities -- including pre-assessments; embedded links to articles, examples, and resources; dynamic scenarios; cases; videos; and digital flashcards (...) -- all within a single system. The opening chapter discusses ethics, morality, and regulation of the legal profession. Students learn about the structure of legal ethics in the United States, why lawyers are regulated, and the importance of maintain the integrity of the profession. Additional chapters cover establishing and terminating the attorney-client relationship; competency and diligence; attorney fees; and communication, confidentiality, and privilege. Two dedicated chapters explore conflict of interest, including concurrent conflicts of interest, waivers, imputation, and screening, personal conflicts, successive or former clients, and more. Closing chapters address the lawyer as advocate, decision-making in the lawyer-client relationship, and advertising and solicitation. designed to inspire lively debate and critical thought, Legal ethics is an ideal resource for courses and programs in law." -- Backcover. (shrink)

In order to maximize human performance, defence forces continue to explore, develop, and apply human performance enhancement (HPE) methods, ranging from pharmaceuticals to (bio)technological enhancement. This raises ethical, legal, and societal concerns and requires organizing a careful reflection and deliberation process, with relevant stakeholders. We discuss a range of ethical, legal, and societal aspects (ELSA), which people involved in the development and deployment of HPE can use for such reflection and deliberation. A realistic military scenario with proposed HPE (...) application can serve as a starting point for such an iterative and participatory process. Stakeholders can discuss this application, modify its features, and design appropriate processes around it – for instance, procedures for informed consent. We propose that organizing aspects into these three categories – ethical, legal, and societal – can help involve appropriate interlocutors at different moments: legal aspects with people in strategy or management roles, from the start of a project; ethical aspects with people in operations and medical roles, during development; and societal aspects with people in communication and personnel roles, during deployment. Notably, we developed and discussed this framework and the three aspects in close collaboration with personnel from the military. (shrink)

Among members of the legal profession and judiciarysional throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. But, in order to ensure that the standards established are the right ones, it is necessary first of all to examine important philosophical and policy issues. Such an examination is the purpose of this book. Written by a distinguished group of law teachers and practitioners together (...) with senior members of the judiciary, the book has as its underlying themes: BL that the move to more definite rules is not only inevitable but also desirable BL that existing codes of professional practice cannot simply be treated as a system of specific rules BL that the current set of ethical rules is contestable and requires further refinement, perhaps even radical surgery BL and that legal ethics must be conceived in the more general area of professional responsibility. (shrink)

Initial reflections on ethics, morality, and justice in an adversary system -- Undertaking a case -- Communication and confidentiality -- Loyalties and conflicts of interest -- Who controls the case? How should lawyers and clients share decisionmaking? -- What price truth? What price justice? What price advocacy? -- Tactics, free speech, and playing by the rules -- The special problems of the government lawyer -- The lawyer acting as advisor -- The lawyer as part of the law firm structure (...) -- Mental health, substance abuse, and the realities of modern practice -- The economics of lawyering -- Admissions, discipline, and some other rules of lawyering. (shrink)

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. (shrink)

Professional Legal Ethics: Critical Interrogations provides the first in-depth analysis and sustained critique of the ethics of English and Welsh lawyers. Drawing on a wide variety of disciplines, it argues that professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the context of legal practice and the core ethical issues facing lawyers, the authors locate this (...) failure in the influence of liberalism and formalism, which leads lawyers to undermine the very values of human dignity and autonomy which they are meant to serve and to overlook the impact their actions might have on third parties, the wider community and the environment By contrast, the authors propose a contextual approach to individual ethical decision-making and outline a range of practical reforms aimed at encouraging a more ethical legal profession. (shrink)

With its practical, hands-on approach to legal ethics, the third edition of LEGAL ETHICS is designed to ensure that readers have a solid grasp of the ethical rules that apply in the legal setting. Comprehensive yet easy to understand, this engaging book provides a thorough and substantive analysis of the major principles that affect how the practice of law is regulated. Filled with real-life examples of lawyer and non-lawyer instances of misconduct, current and classic case (...) law, and discussions of famous (and infamous) people, this straightforward book brings the material to life and demonstrates how courts interpret and apply ethical rules to lawyers and their non-lawyer employees. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

This article explains the main theoretical aspects of legal ethics, identifies the nature and intellectual structures of legal ethics research, and examines the occurrences, relationships, interconnections, developments and emerging trends of the topic of legal ethics in global legal research, using one of the methods of scientometrics – bibliometric analysis. The annual growth of legal research outputs indexed by Scopus was about 7% over the entire period of study (1991–2020). The most popular (...) type of research outputs in the field of legal ethics are research articles. A multidisciplinary scope of scholarly sources on legal ethics reveals the scholarly development of each field/scientific branch that is both unique and integrated with law and legal ethics, unfolds multifaceted perspectives of legal ethics research, and a contextual sociolegal approach to legal ethics as a social, societal, and political expression. Legal ethics is a much broader and more complex phenomenon than simply a set of codes/rules of ethics and requires integrated research: from an understanding of the particular impact and significance of legal education, ethical rules, and personal morality to ethical decision-making processes, cognitive and social factors. (shrink)

Employers of all types, including group practices, health maintenance organizations, and university and other hospital practices, commonly include noncompetition clauses in physician employment contracts. The clauses only apply in the event physicians leave their employers, and typically only limit activities in relatively narrow geographic areas. Consequently, physicians often agree to the clauses without much thought or analysis. This is a mistake, as the clauses may have broad adverse ramifications for both physicians and patients.This article identifies the standard components of noncompetition (...) clauses, addresses the ethical and practical concerns they raise, and reviews recent court decisions on point. The article concludes that despite public policy concerns, courts can and often do enforce the clauses. The purpose of the article, therefore, is to increase physicians’ awareness of the potential impact of these clauses, and to encourage physicians to carefully consider whether to accept contracts that contain them, or at the very least to negotiate for the least restrictive terms possible. (shrink)

A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to (...) lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy. Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity. (shrink)

ABSTRACTIn the process of teaching law, is necessary to address some aspects that are not framed in strictly legal knowledge and require different strategies to be approach by the professor. An exa...

An opening salvo -- The professional project -- A theoretical excursion -- The standard model -- Taking war ethically -- In the name of just ends -- Fighting fair -- Toward a just peace -- Not-so-final thoughts.

This book is a philosophical inquiry into indigenous African legal ethics, asking what is African about African legal ethics? Taking us beyond a geographical understanding of Africa, the author argues for an African legal ethics that is distinct from non-African African legal ethics which are rooted in Euro-Western constructions. De-silencing African voices on African legal ethics this book decolonizes the prevailing wisdom on legal ethics and broadens our understanding (...) of how law in Africa bears on ethics in Africa or, conversely, on how ethics bears on law in Africa. This book will be of interest to scholars of African philosophy, philosophy of law, and legal ethics. (shrink)

Role of lawyer -- Regulation of lawyers -- Defining and forming the lawyer-client relationship -- Compensating lawyers -- Confidentiality -- Incompatible relations -- Representing organizations -- Duties to the court and others -- Advertising and solicitation -- Judicial conduct.

This article is currently available as a free download on ingentaconnect.

This paper considers, in the context of an undergraduate law degree, how to encourage students to develop an awareness of ethical issues relating to membership of a 'profession' and how lawyers could and should conduct themselves, whilst retaining the notion of a law degree as part of a liberal arts education. It suggests an interdisciplinary approach, both in its content and its methodologies, as an innovative and interesting means of addressing issues of legal ethics and professional responsibility. It (...) offers an analysis of the trial of Oscar Wilde, to show that it may be possible to inculcate a level of 'ethical awareness' through a study of the actions and behaviours of the legal professionals involved in famous or historical trials. (shrink)

This is a collection of essays based upon papers delivered at a conference in Brisbane in August 1993. The conference was the culmination of a research project with both empirical and theoretical aspects. The essays range widely over the results of an empirical study of ethical dilemmas in legal practice and matters concerned with contemporary legal practice in the UK, Australia, and the USA.