The Concept Of Dilemma In Legal And Judicial Ethics

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The Concept of Dilemma in Legal and Judicial Ethics

Author : Przemysław Kaczmarek
Publisher : Wydawnictwo C.H.Beck
ISBN 13 : 8381580404
Total Pages : 355 pages
Book Rating : 4.3/5 (815 download)

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Book Synopsis The Concept of Dilemma in Legal and Judicial Ethics by : Przemysław Kaczmarek

Download or read book The Concept of Dilemma in Legal and Judicial Ethics written by Przemysław Kaczmarek and published by Wydawnictwo C.H.Beck. This book was released on 2018-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.

The Concept of Dilemma in Legal and Judicial Ethics

Author : Krzysztof J. Kaleta
Publisher :
ISBN 13 : 9788381580397
Total Pages : pages
Book Rating : 4.5/5 (83 download)

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Book Synopsis The Concept of Dilemma in Legal and Judicial Ethics by : Krzysztof J. Kaleta

Download or read book The Concept of Dilemma in Legal and Judicial Ethics written by Krzysztof J. Kaleta and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Moral Combat

Author : Heidi Hurd
Publisher : Cambridge University Press
ISBN 13 : 9780521642248
Total Pages : 372 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Moral Combat by : Heidi Hurd

Download or read book Moral Combat written by Heidi Hurd and published by Cambridge University Press. This book was released on 1999-03-28 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Puts forward the argument that the law cannot require us to do what morality forbids.

Lawyers' Ethics

Author : Allan Gerson
Publisher : Routledge
ISBN 13 : 1351509462
Total Pages : 445 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Lawyers' Ethics by : Allan Gerson

Download or read book Lawyers' Ethics written by Allan Gerson and published by Routledge. This book was released on 2017-09-29 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frequently the ethical attorney finds himself in a position where he can no longer reconcile con-flicting responsibilities he owes to his clients with those he owes so-ciety and himself. Faced with the dilemma of choice among coun-tervailing and competing obliga-tions, he has little training and precedence to guide him. If he is over forty, the overwhelming probability is that he never took a course on legal ethics; if he looks for a general, up-to-date text to provide insight, he will look in vain. Nor is there a developed body of case law from which to glean an appropriate course of action.This vacuum of authoritative formulations of responsible be-havior is a matter of concern not only to the legal profession, but to all sectors of American society. Lawyers shape the mores and thoughts of all of us. Their will is exerted not only in modifying our national institutions, but ulti-mately our individual, personal sense of values.This volume serves two impor-tant purposes: it provides the interested professional and lay reader with an appreciation of thespectrum of the ethical dilemmas confronting the legal profession, and it provides a sense of balance about the competing consid-erations present in each of these dilemmas. At a time when the legal profession is under attack both from within and without, this book represents some of the best critical thinking by lawyers about their role and responsibilities in American society.

Irresolvable Norm Conflicts in International Law

Author : Valentin Jeutner
Publisher : Oxford University Press
ISBN 13 : 0198808372
Total Pages : 209 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner

Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Rule of Rules

Author : Larry Alexander
Publisher : Duke University Press
ISBN 13 : 9780822327363
Total Pages : 296 pages
Book Rating : 4.3/5 (273 download)

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Book Synopsis The Rule of Rules by : Larry Alexander

Download or read book The Rule of Rules written by Larry Alexander and published by Duke University Press. This book was released on 2001-08-06 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.

Ethical Principles for Judges

Author : Canadian Judicial Council
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)

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Book Synopsis Ethical Principles for Judges by : Canadian Judicial Council

Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Canadian Judicial Council marks its 50th anniversary of service to Canadians, it is timely that we have revised and modernized Ethical Principles for Judges. From their first publication in 1998, these principles have laid out the ethical frame of reference to which all judges aspire: judicial independence, integrity and respect, diligence and competence, equality and impartiality.

Judicial Conduct and Ethics

Author : Charles Gardner Geyh
Publisher :
ISBN 13 : 9781663308368
Total Pages : pages
Book Rating : 4.3/5 (83 download)

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Book Synopsis Judicial Conduct and Ethics by : Charles Gardner Geyh

Download or read book Judicial Conduct and Ethics written by Charles Gardner Geyh and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal and Judicial Ethics

Author : Ruperto G. Martin
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal and Judicial Ethics by : Ruperto G. Martin

Download or read book Legal and Judicial Ethics written by Ruperto G. Martin and published by . This book was released on 1967 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Code of Ethics for Nurses with Interpretive Statements

Author : American Nurses Association
Publisher : Nursesbooks.org
ISBN 13 : 1558101764
Total Pages : 42 pages
Book Rating : 4.5/5 (581 download)

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Book Synopsis Code of Ethics for Nurses with Interpretive Statements by : American Nurses Association

Download or read book Code of Ethics for Nurses with Interpretive Statements written by American Nurses Association and published by Nursesbooks.org. This book was released on 2001 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pamphlet is a succinct statement of the ethical obligations and duties of individuals who enter the nursing profession, the profession's nonnegotiable ethical standard, and an expression of nursing's own understanding of its commitment to society. Provides a framework for nurses to use in ethical analysis and decision-making.

Dilemmas in Legal Ethics

Author : ABA Consortium for Professional Education
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Dilemmas in Legal Ethics by : ABA Consortium for Professional Education

Download or read book Dilemmas in Legal Ethics written by ABA Consortium for Professional Education and published by . This book was released on 1970 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lawyers in Practice

Author : Leslie C. Levin
Publisher : University of Chicago Press
ISBN 13 : 9780226475165
Total Pages : 0 pages
Book Rating : 4.4/5 (751 download)

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Book Synopsis Lawyers in Practice by : Leslie C. Levin

Download or read book Lawyers in Practice written by Leslie C. Levin and published by University of Chicago Press. This book was released on 2012-04-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

Beyond the Rules

Author : Catherine O'Grady
Publisher : West Academic Publishing
ISBN 13 : 9781642429947
Total Pages : 150 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Beyond the Rules by : Catherine O'Grady

Download or read book Beyond the Rules written by Catherine O'Grady and published by West Academic Publishing. This book was released on 2021-08-13 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."

Virtue Jurisprudence

Author : C. Farrelly
Publisher : Springer
ISBN 13 : 1349600733
Total Pages : 268 pages
Book Rating : 4.3/5 (496 download)

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Book Synopsis Virtue Jurisprudence by : C. Farrelly

Download or read book Virtue Jurisprudence written by C. Farrelly and published by Springer. This book was released on 2019-06-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.

Legal and Judicial Ethics

Author : Dennis B. Funa
Publisher :
ISBN 13 : 9789716919769
Total Pages : 604 pages
Book Rating : 4.9/5 (197 download)

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Book Synopsis Legal and Judicial Ethics by : Dennis B. Funa

Download or read book Legal and Judicial Ethics written by Dennis B. Funa and published by . This book was released on 2009 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Trolley Problem Mysteries

Author : Frances Myrna Kamm
Publisher : Oxford University Press
ISBN 13 : 0190247150
Total Pages : 273 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Trolley Problem Mysteries by : Frances Myrna Kamm

Download or read book The Trolley Problem Mysteries written by Frances Myrna Kamm and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous treatment of a thought experiment that has become notorious within and outside of philosophy - The Trolley Problem - by one of the most influential moral philosophers alive today Suppose you can stop a trolley from killing five people, but only by turning it onto a side track where it will kill one. May you turn the trolley? What if the only way to rescue the five is to topple a bystander in front of the trolley so that his body stops it but he dies? May you use a device to stop the trolley that will kill a bystander as a side effect? The "Trolley Problem" challenges us to explain and justify our different intuitive judgments about these and related cases and has spawned a huge literature. F.M. Kamm's 2013 Tanner Lectures present some of her views on this notorious moral conundrum. After providing a brief history of changing views of what the problem is about and attempts to solve it, she focuses on two prominent issues: Does who turns the trolley and how the harm is shifted affect the moral permissibility of acting? The answers to these questions lead to general proposals about when we may and may not harm some to help others. Three distinguished philosophers - Judith Jarvis Thomson (one of the originators of the trolley problem), Thomas Hurka, and Shelly Kagan - then comment on Kamm's proposals. She responds to each comment at length, providing an exceptionally rich elaboration and defense of her views. The Trolley Problem Mysteries is an invaluable resource not only to philosophers concerned about the Trolley Problem, but to anyone worried about how we ought to act when we can lessen harm to some by harming others and how we can reach a decision about the question.