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Author: David Mellinkoff
Publisher:
Published: 1973
Total Pages: 0
ISBN-13: 9780314284020
DOWNLOAD EBOOKOn trial practice, defense lawyers, and legal ethics, by discussing the murder of Lord William Russell in London, May 5, 1840, and a reconstruction of the trial of his valet, Benjamin François Courvoisier.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOKThe 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.
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
Published: 2016-02-22
Total Pages: 0
ISBN-13: 9780674048935
DOWNLOAD EBOOKIn postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
Author: Lynn Stout
Publisher: Princeton University Press
Published: 2010-10-04
Total Pages: 319
ISBN-13: 140083600X
DOWNLOAD EBOOKHow the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
Author: J. Kim Wright
Publisher: American Bar Association
Published: 2010
Total Pages: 564
ISBN-13: 9781604428629
DOWNLOAD EBOOKLawyers as Peacemakers can teach lawyers new ways of finding satisfaction in thier practice and providing comprehensive, solution-focused services to clients; sometimes it's not about winning, it's about finding the best possible answer for everyone involved. These practices focus on a more holistic, humanistic, solution-based approach to resolving legal problems, an approach that many clients want and need.
Author: Michael S. Ariens
Publisher: University Press of Kansas
Published: 2023-07-21
Total Pages: 400
ISBN-13: 0700633839
DOWNLOAD EBOOKIn 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
Author: David Saunders
Publisher: Routledge
Published: 2002-06
Total Pages: 196
ISBN-13: 1134850751
DOWNLOAD EBOOKAnti-Lawyers discusses how we should regard todays's critics of law and government in the light of the historical still unfinished struggle to separate the legal regulation of civil life from the Christian regulation of conscience.
Author: Daniel M. Wegner
Publisher: MIT Press
Published: 2003-08-11
Total Pages: 743
ISBN-13: 0262290553
DOWNLOAD EBOOKA novel contribution to the age-old debate about free will versus determinism. Do we consciously cause our actions, or do they happen to us? Philosophers, psychologists, neuroscientists, theologians, and lawyers have long debated the existence of free will versus determinism. In this book Daniel Wegner offers a novel understanding of the issue. Like actions, he argues, the feeling of conscious will is created by the mind and brain. Yet if psychological and neural mechanisms are responsible for all human behavior, how could we have conscious will? The feeling of conscious will, Wegner shows, helps us to appreciate and remember our authorship of the things our minds and bodies do. Yes, we feel that we consciously will our actions, Wegner says, but at the same time, our actions happen to us. Although conscious will is an illusion, it serves as a guide to understanding ourselves and to developing a sense of responsibility and morality. Approaching conscious will as a topic of psychological study, Wegner examines the issue from a variety of angles. He looks at illusions of the will—those cases where people feel that they are willing an act that they are not doing or, conversely, are not willing an act that they in fact are doing. He explores conscious will in hypnosis, Ouija board spelling, automatic writing, and facilitated communication, as well as in such phenomena as spirit possession, dissociative identity disorder, and trance channeling. The result is a book that sidesteps endless debates to focus, more fruitfully, on the impact on our lives of the illusion of conscious will.
Author: Kelly Anders
Publisher:
Published: 2015
Total Pages: 0
ISBN-13: 9781611634006
DOWNLOAD EBOOKOrganizational skills and professionalism go hand-in-hand, and the topic belongs in any course related to lawyering skills. Now in its second edition, this book addresses the organizational needs and challenges of modern lawyers and law students, and it includes fresh and useful tips for even the most seasoned practitioners. We each have an organizational type that dictates how we live among our things. With topics ranging from attorney attire and effective marketing to developing attractive and efficient workspaces in the office, at home, and on the go, The Organized Lawyer is an essential reference for lawyers at all levels. "Overall, The Organized Lawyer is a useful guide for the attorney who is ready to get serious about being organized." --Alison M. Hancock, Law Library Journal Praise for the First Edition "More than just another book on how to get organized, Anders addresses all the professional needs of attorneys." --Library Journal "This book is a useful resource for attorneys interested in achieving a more organized and supportive work environment, and[,] as such, is an appropriate addition to any law library." --AALL Spectrum "Written in an engaging, conversational style, she presents a fresh approach to organization." --Court Review "Every chapter has at least one or two fresh ideas that even the most experienced and well-organized attorney can implement to improve his or her work space." --Colorado Lawyer "There are many useful tips and thought processes that can be used by any attorney, regardless of years in practice or size of firm." --Wisconsin Lawyer Praise for the Second Edition "Overall, The Organized Lawyer is a useful guide for the attorney who is ready to get serious about being organized. The book helps readers develop their own organizational systems rather than imposing a particular system on them. This makes it more likely that changes made as a result of reading the book will be lasting changes because those changes will be based on the conscious decisions of the readers." -Alison M. Hancock, Law Library Journal
Author: J. Kim Wright
Publisher:
Published: 2016
Total Pages: 496
ISBN-13: 9781634256483
DOWNLOAD EBOOKIntegrative lawyers are the harbingers of a new cultural consciousness and are leaders in social evolution. This books describes this fundamental shift in world view, exploring and drawing upon many disciplines and wisdom traditions, such as philosophy, science, psychology, and spirituality.
