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Author: Dana Hollander Publisher: ISBN: 9781487533670 Category : RELIGION Languages : en Pages :
Book Description
"Hermann Cohen (1842-1918) was a leading figure in the Neo- Kantian philosophical movement that dominated European thought before 1918. He was also an inaugural figure in modern Jewish philosophy in the twentieth and twenty-first centuries. This book explores Cohen's striking claim that ethics is rooted in law - a claim developed both in his philosophical ethics and his philosophy of Judaism, in particular in his writings on "love-of-neighbor," up to and including his well-known Religion of Reason. Dana Hollander proposes that neither Cohen's systematic philosophy nor his "Jewish" philosophy should be seen as the dominant framework for his oeuvre as a whole, but that his understanding of key philosophical questions take shape in the passages between both corpuses, a trait that could be seen as paradigmatic for modern Jewish philosophy. Ethics Out of Law taps into one of the prime topics of current interest in the field of Jewish philosophy: the nature of Jewish political existence and the changing configurations of "law" that this entails."--
Author: Dana Hollander Publisher: ISBN: 9781487533670 Category : RELIGION Languages : en Pages :
Book Description
"Hermann Cohen (1842-1918) was a leading figure in the Neo- Kantian philosophical movement that dominated European thought before 1918. He was also an inaugural figure in modern Jewish philosophy in the twentieth and twenty-first centuries. This book explores Cohen's striking claim that ethics is rooted in law - a claim developed both in his philosophical ethics and his philosophy of Judaism, in particular in his writings on "love-of-neighbor," up to and including his well-known Religion of Reason. Dana Hollander proposes that neither Cohen's systematic philosophy nor his "Jewish" philosophy should be seen as the dominant framework for his oeuvre as a whole, but that his understanding of key philosophical questions take shape in the passages between both corpuses, a trait that could be seen as paradigmatic for modern Jewish philosophy. Ethics Out of Law taps into one of the prime topics of current interest in the field of Jewish philosophy: the nature of Jewish political existence and the changing configurations of "law" that this entails."--
Author: Dana Hollander Publisher: University of Toronto Press ISBN: 1487506244 Category : Law Languages : en Pages : 324
Book Description
This is the first book in English to lay out the philosophical ethics and philosophy of law of Hermann Cohen, one of the leading figures in both Neo-Kantian and Jewish philosophy.
Author: Bernard A. Burk Publisher: Aspen Publishing ISBN: 1543823270 Category : Law Languages : en Pages : 1283
Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Many professional responsibility professors struggle to engage students in a required course, one that students wouldn’t otherwise have chosen to take, covering material that simultaneously appears both obvious and intricately technical. Ethical Lawyering: A Guide for the Well-Intentioned addresses those concerns with a fresh look at teaching and learning Professional Responsibility. Instead of containing impenetrable cases typical of most professional responsibility casebooks, which force students and teachers to sort out convoluted facts and incomplete or out-of-date analysis, this book “flips the classroom” by providing detailed explanations of the Model Rules, accompanied by problems for class discussion that require students to explore how the Rules apply in real-world situations—a structure which lends itself easily to both in-person and online courses. The book’s explanations are focused on building statutory interpretation skills, and then bringing these skills to common practice scenarios. Discussion covers all aspects of the law governing lawyers, from professional discipline to civil liability to court sanctions, as well as informal concerns, such as client relations and the business of law practice. Professors and students will benefit from: A “flipped classroom” structure in which the book provides detailed explanations of the Model Rules, interspersed with problems for class discussion, that are both drawn from practice and illustrate some of the challenges in applying the rules in real-world situations. MPRE-style multiple-choice review questions at the end of each chapter (or after substantial portions of a chapter) addressing the material. An informal, irreverent, down to earth, and conversational style, meant to be accessible, crafted to engage students without understating the seriousness of the subject matter, and to encourage them to put themselves into the “hot seats” that the problems describe. A statutory construction approach to the Model Rules, designed to build text-interpretation skills. A comprehensive treatment of the law regulating lawyers, considering all of the practical hazards that lawyers face, and illustrating the connections between the Model Rules as a basis for professional discipline and the law of torts (fiduciary duty and malpractice), contracts (scope of the attorney-client relationship and engagement agreements), agency (authority), and procedure (sanctions), as well as informal concerns such as client relations and reputational issues. A digital edition that includes links to all necessary statutory materials. Teaching materials Include: A detailed Teacher’s Manual, including: Suggested syllabi for two-hour and three-hour courses. Detailed analyses of all of the problems, including pedagogical suggestions, to stimulate class discussion. Explanatory answers to the MPRE-style multiple-choice review questions. Suggested PowerPoints for class use. Two online-only chapters (The Government Lawyer; Judicial Ethics).
Author: Deborah L. Rhode Publisher: Oxford University Press ISBN: 0195347161 Category : Law Languages : en Pages : 614
Book Description
Lawyers' ethics have been condemned for centuries, but they received little scholarly scrutiny until the last few decades. Ethics in Practice brings together leading experts in the emerging field of legal ethics to discuss the central dilemmas of practicing law. This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organizational behavior. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students. Unique in both its breadth and its depth, this book redefines debates that are of enduring significance for both the profession and the public.
Author: Richard L. Abel Publisher: Oxford University Press, USA ISBN: 0199760373 Category : Law Languages : en Pages : 514
Book Description
People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.
Author: Louis E. Wolcher Publisher: Routledge ISBN: 1317518357 Category : Law Languages : en Pages : 264
Book Description
The founding premise of this book is that the nimbus of prestige, which once surrounded the idea of justice, has now been dimmed to such a degree that it is no longer sufficient to secure the possibility of a good conscience for those who undertake, in good faith, to make the world a better place in the spheres of politics and law. The many decent human beings who have noticed and experienced this diminishment of justice’s prestige find themselves in a thoroughly disenchanted existential situation. For them, the attempt to do justice without the illusion of being grounded in something beyond the sheer facticity of their own performances is a distinctly ethical theme, which cries out to be investigated in its own right. Heeding the cry, this book asks and attempts to answer the following fundamental ethical question: is a life in the law – even one spent in the pursuit of justice – worth living, and if so, how can a disenchanted person come to bear the living of it without constantly having to engage in self-deception? If Nietzsche is right that living without illusions is impossible for human beings, then the most important ethical implication of this essentially anthropological fact goes far beyond the question of what illusions we ought to choose. It must also include the question of whether we should succumb to that most seductive and pernicious of all illusions: namely, the belief that exercising great care and responsibility in choosing our illusions – which we might then call our ‘principles of justice’ – excuses us ethically for what we do to others in their name. The culmination of a 10 year legal-philosophical project, this book will appeal to graduate students, scholars and curious non-academic intellectuals interested in continental philosophy, critical legal theory, postmodern theology, the philosophy of human rights and the study of individual ethics in the context of law.
Author: Stephen Gillers Publisher: Aspen Publishers ISBN: Category : Law Languages : en Pages : 1128
Book Description
For its Sixth Edition, this extremely popular casebook continues to mix up-to-date materials with realistic problems to illustrate and demonstrate the full range of ethical issues facing lawyers and judges. Regulation of Lawyers builds on the strengths that earned it such widespread adoption: written by Professor Stephen Gillers, a recognized national authority on the subject in-depth, thorough treatment of the issues in a lively, accessible style covers the full range of professional responsibility topics, including conflicts of interest, special lawyer roles, and avoiding and redressing professional failure with three chapters on control of quality realistic problems (many of which are new or revised) help students Understand The rules and regulations that will govern their professional behavior combines cases, law review articles, excerpts from a wide variety of popular sources, and engaging problems to give variety and vividness accompanied by the most comprehensive annual statutory supplement in the field Regulation of Lawyers: Statutes and Standards, co-authored by Roy D. Simon with major, minor, and state variations of the rules governing lawyers and judges the Sixth Edition incorporates important new material: the no-contact and other ethics rules as they apply to state and federal law enforcers proposed changes in the Model Rules of Professional Conduct new cases on excessive fees (Matter of Fordham), using gender biased terms in a deposition (Mullaney v. Aude), liability for securities and common law fraud arising out of a negotiation for investment in a business (Rubin v. Schottenstein, Zox, & Dunn), And The unauthorized practice of law by lawyers from outside a state (Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court) coverage of the Clinton/Lewinsky matter And The ethical questions raised by the investigation conducted by Ken Starr to give students a clear understanding of their professional responsibilities from the client-lawyer relationship to their First Amendment rights use the casebook that has been proven effective in the classroom: Gillers' Regulation of Lawyers, Sixth Edition .
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 9780674042230 Category : Law Languages : en Pages : 338
Book Description
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Author: Cathleen Kaveny Publisher: Oxford University Press ISBN: 0190612312 Category : Religion Languages : en Pages : 336
Book Description
An interdisciplinary conversation between law and Christian thought exists, but has so far been centered in the legal academy. Law scholars have fruitfully critiqued contemporary legal and jurisprudential issues by drawing upon concepts and norms from the field of religious ethics. However, the conversation needs to move in the opposite direction as well-centered in religious studies and theology and reaching out to the legal field. Ethics at the Edges of Law begins this movement by arguing for the discipline of law as a valuable source of moral wisdom and conceptual insight for ethicists. Cathleen Kaveny shows how the work of important contemporary figures in Christian ethics, including John Noonan, Stanley Hauerwas, and Margaret Farley, can be enriched and illuminated by engagement with particular aspects of the American legal tradition. The book is divided into three parts: Part I, "Narratives and Norms," examines how the legal tradition can shed light on the development of religious and moral traditions. Part II, "Love, Justice, and Law," uses particular legal cases to advance questions about the relationship of love and justice in Christian ethics. Part III, "Legal Categories and Theological Problems," shows how legal concepts can reframe and even resolve moral controversies within religious communities. With this book, Kaveny leads the way towards a mutually profitable exchange between the American legal tradition and the tradition of Christian ethics.
Author: Allan Gerson Publisher: Routledge ISBN: 9781138511590 Category : Languages : en Pages : 280
Book Description
Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Introduction -- Part I: The Legal Profession's Role in American Society -- A. The United States: A Unique Government of Lawyers -- B. The Role of the Lawyer in America -- C. Attack on Lawyers and the Legal Profession -- 1. The American Bar Association Responds -- 2. The President's Counsel Defends -- D. Access to the American Legal System in Historical Perspective -- 1. Against the Bar: a Critique of Professor Auerbach's Views -- 2. Unequal Justice: a Review -- E. Legal Education -- Part II: Lawyers and the Search for Truth: Conflict or Harmony? -- A. The Art of Legal Advocacy: Duties and Obligations -- B. The Lawyer as a Hired Gun -- C. The Adversary Nature of the American Legal System: A Historical Perspective -- D. The Search for Truth: An Umpireal View -- 1. Judge Frankel's Search for Truth -- 2. The Advocate, The Truth, and Judicial Hackles: A Reaction to Judge Frankel's Idea -- E. The Attorney's Duty to Disclose the Commission of Criminal Acts-Two Views of the Lake Pleasant Case -- 1. The Impropriety of the Attorneys' Actions -- 2. The Propriety of the Attorneys' Actions -- F. Attempting to Regulate Perjurious Testimony: The Massachusetts Experience -- G. Perjury: Stay In or Pull Out? -- Part III: Regulating Professional Ethics: The Alger Hiss Reinstatement Controversy -- A. The Brief for the Petitioner, Alger Hiss -- B. Judgment of the Massachusetts Supreme Judicial Court -- C. Reinstatement Dilemma: The Hiss Decision and Its Effects upon Disciplinary Enforcement -- Part IV: Special Prespectives -- A. The Washington Lawyer: Some Musings -- B. The International Lawyer: Extra-territorial Application of Professional Responsibility Standards -- C. Ethics in Medicine and Law: Standards and Conflicts -- Contributors' Acknowledgments -- Index
Author: Dana Hollander
Author: Dana Hollander
Author: Dana Hollander
Author: Bernard A. Burk
Author: Deborah L. Rhode
Author: Richard L. Abel
Author: Louis E. Wolcher
Author: Stephen Gillers
Author: Richard A. Posner
Author: Cathleen Kaveny
Author: Allan Gerson