The practice of justice : a theory of lawyer's ethics
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Introduction An Anxious Profession The Moral Terrain of Lawyering The Dominant View and Alternatives A Preview False Starts A Right to Injustice The Entitlement Argument The Libertarian Premise The Positivist Premise Libertarianism versus Positivism The Problem of Retroactivity The Problem of Private Legislation Conclusion Justice in the Long Run Confidentiality The Adversary System and Trial Preparation Identification with Clients and Cognitive Dissonance The Efficiency of Categorical Norms Aptitude for Complex Judgment Conclusion Should Lawyers Obey the Law? Lawyer Obligation in the Dominant View Positivist versus Substantive Conceptions of Law The Pervasiveness of Implicit Nullification Some Clarification about Nullification Nullification versus Reform Tax versus Prohibition Determination versus Obligation A Prima Facie Obligation? Divorce Perjury and Enforcement Advice Revisited Conclusion Legal Professionalism as Meaningful Work The Problem of Alienation The Professional Solution The Lost Lawyer The Brandeisian Evasions Self-Betrayal Conclusion Legal Ethics as Contextual Judgment The Structure of Legal Ethics Problems Some Objections The Moral Terrain of Lawyering Revisited Is Criminal Defense Different? Contested Issues Weak Arguments for Aggressive Criminal Defense Social Work, Justice, and Nullification The Stakes Conclusion Institutionalizing Ethics A Contextual Disciplinary Regime: The Tort Model Restructuring the Market for Legal Services Conclusion Notes Further Reading Acknowledgments Index