BN.com Gift Guide

Lawyers and Fidelity to Law

Overview

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of...

See more details below
Paperback (Reprint)
$20.24
BN.com price
(Save 11%)$22.95 List Price

Pick Up In Store

Reserve and pick up in 60 minutes at your local store

Other sellers (Paperback)
  • All (7) from $13.98   
  • New (6) from $13.98   
  • Used (1) from $14.85   
Lawyers and Fidelity to Law

Available on NOOK devices and apps  
  • NOOK Devices
  • Samsung Galaxy Tab 4 NOOK 7.0
  • Samsung Galaxy Tab 4 NOOK 10.1
  • NOOK HD Tablet
  • NOOK HD+ Tablet
  • NOOK eReaders
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook - Course Book)
$15.49
BN.com price
(Save 32%)$22.95 List Price

Overview

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.

Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.

Read More Show Less

Editorial Reviews

Choice
This ambitious project is carefully executed and trenchantly defended. The book is especially good when confronting cases in which fidelity to the law appears to lead to perverse outcomes, such as encouraging obedience to unjust laws or making disobedience to unjust laws more difficult.
From the Publisher

One of Choice's Outstanding Academic Titles for 2011

"This ambitious project is carefully executed and trenchantly defended. The book is especially good when confronting cases in which fidelity to the law appears to lead to perverse outcomes, such as encouraging obedience to unjust laws or making disobedience to unjust laws more difficult."--Choice

Read More Show Less

Product Details

  • ISBN-13: 9780691156217
  • Publisher: Princeton University Press
  • Publication date: 8/26/2012
  • Edition description: Reprint
  • Pages: 304
  • Sales rank: 1,453,811
  • Product dimensions: 9.00 (w) x 6.10 (h) x 0.90 (d)

Meet the Author


W. Bradley Wendel is professor of law at Cornell Law School.
Read More Show Less

Table of Contents

Acknowledgments ix
Introduction 1

Chapter One: The Standard Conception, For and Against 17
1.1 Introduction: Law, Morality, Ethics, and Legal Ethics 17
1.2 Ordinary and Professional Moralities 20
1.3 The Standard Conception 29
1.4 Traditional Justifications for the Standard Conception and Moral Critiques 31
1.4.1 Client Autonomy 31
1.4.2 Partiality to Clients and the Value of Dignity 37
1.5 Simon's Legalist Critique of the Standard Conception 44

Chapter Two: From Partisanship to Legal Entitlements Putting the Law Back into Lawyering 49
2.1 Lawyers as Agents 49
2.1.1 Legal, Not Moral, Rights 54
2.1.2 Rights, Not Power 59
2.2 Legal Ethics as Interpretation 66
2.2.1 Loophole Lawyering 66
2.2.2 Mistakes, Institutional Malfunctions, and Windfalls 72
2.2.3 A Note on "Zealous" Representation 77
2.2.4 Legal Uncertainty and Lawyering Roles 81

Chapter Three: From Neutrality to Public Reason Moral Conflict and the Law 86
3.1 Legality and Legitimacy 86
3.2 The Circumstances of Politics 89
3.2.1 Disagreement and the Need for Settlement 92
3.2.2 Rough Equality and Tolerably Fair Procedures 98
3.3 Moral Reasons and Legal Obligation 105
3.3.1 Obligation, Authority, and Exclusionary Reasons 107
3.3.2 Presumptive or Conclusive Obligations? 113

Chapter Four: Legal Entitlements and Public Reason in Practice 122
4.1 Disobedience and Nullification 123
4.1.1 Civil Disobedience and Conscientious Objection 124
4.1.2 Legal Permissions vs. Legal Duties 125
4.1.3 Lawyering for Change 129
4.1.4 Nullification and Subversion 131
4.2 Morally Grounded Client Counseling 135
4.3 Morally Motivated Client Selection 143

Chapter Five: From Nonaccountability to Tragedy The Remaining Claims of Morality 156
5.1 The Ideal of Innocence 156
5.2 Harmonizing the Demands of Role and Personal Integrity: The "Incorporationist" Solution 159
5.3 The Problem of Dirty Hands 169

Chapter Six: Legal Ethics as Craft 176
6.1 The Case of the Torture Memos 177
6.2 Interpretive Judgment 184
6.3 The Jurisprudence of Lawyering 194
6.4 Some Legal-Interpretive Puzzles 200
6.4.1 Enforcement Practices and Legal Interpretation 200
6.4.2 Negotiated Compliance and the Endogeneity of Law 203
Conclusion 208
Notes 213
Bibliography 269
Index 283

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)