Why Lawyers Derail Justice: Probing the Roots of Legal Injustices

Why Lawyers Derail Justice: Probing the Roots of Legal Injustices

by John C. Anderson

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Product Details

ISBN-13: 9780271025148
Publisher: Penn State University Press
Publication date: 06/11/2004
Pages: 252
Product dimensions: 6.00(w) x 9.00(h) x 0.81(d)

About the Author

John C. Anderson holds a law degree and a doctoral degree in philosophy from The Catholic University of America, and practiced law for five years in Washington, D. C. An independent scholar, he now works for the Army.

Table of Contents

Acknowledgments xiii
Prelude 1(4)
The Split Between Legal Language and Common Sense
5(26)
Legal Injustices Arising from Manipulation, Misuse, or Expansion of the Criminal Law
10(6)
Guilty Acquitted, or Innocent Convicted, with Due Process
10(1)
Evidentiary Rules Inadequate Where Juries Are Unjust
10(1)
Immunities of Prosecutors for Misconduct
11(1)
Entrapment of Citizens in Order to Prosecute
11(1)
Targeting People First, Then Fitting Criminal Statute to Their Conduct
12(1)
Merciless Prosecutors
12(1)
Innocent Persons Remain in Prison in Interests of "Finality"
12(1)
Harshness of Egalitarian-Motivated Criminal-Sentencing Guidelines Designed to Limit Discretion
13(1)
Life Imprisonment for Nonviolent, First-Time Drug Crime
13(1)
Regulators Manipulating Definition of Wetland to Criminalize Property Improvements
14(1)
Legal Incentives for Fabricated Child Sex-Abuse Charges
14(1)
More Nonviolent Than Violent Criminals in Prison, Arising from Expansion of Criminal Laws
14(1)
Imprisonment for Self Defense from Violent Criminal Because of Gun Control
15(1)
Abused Spouse Murdered Because of Gun Control
15(1)
Wife's Jointly Owned Car Forfeited to State for Husband's Use of It with Prostitute
15(1)
Justification of Excessive Force Based on Rules of Engagement
16(1)
Injustices Arising from Formalism and Impartiality
16(4)
Foiled Mugger Sues Police for Damages
16(1)
Sterilization of the Retarded with Due Process
16(1)
Legal Issues, Not Equity, Subject to Appellate Renew
17(1)
Child Removed Against Will from Adoptive Home to Home of Original Parent
17(1)
Abortion Permitted Because Fetus Not a "Person for Purposes of Fourteenth Amendment
17(1)
Fugitive Slave Returned to Master Because Slave Not a "Person" for Purposes of Constitution
18(1)
Using a Law for the Protection of Employee Benefits to Deny Health Care to Insured Employee
18(1)
Impartial Medical Utilization Review Panels Second-Guess Personal Physicians
19(1)
Mean-Spirited Inflexibility of Welfare and Its Focus on "Welfare Cheaters"
19(1)
Using Literal Wording of Law Intended to Protect Employee Stock Ownership Plan (ESOP) Beneficiaries to Financially Ruin ESOP Beneficiaries
19(1)
Injustices Arising from Law's Expansion into Private Sector
20(2)
Corporate Employers Less Likely to Make Exceptions to Help Individual Employees, as Result of Expansion of Employee Benefit Law
20(1)
Legal Reform Movement from Status to Contract Favors Stronger Party in Employment or Marital Relationship
20(1)
Employees' Interests Legally Subordinated to Those of Corporate Shareholders
21(1)
Law's Expansionism Through Sex-Harassment Law
21(1)
Discouraging Gifts to Family Members Assures Larger Social Role for Government
21(1)
Zoning Regulations Are Modern Sumptuary Laws
22(1)
Inflexibility, Moral Neutrality, and Harshness of Legalistic Egalitarianism
22(3)
Inflexibility of Affirmative Action Yields Paradoxical Results
22(1)
Inflexible Separation of Church and State Sometimes Censors Religion
23(1)
Egalitarian Threats to Religious Freedom: "Religious Harassment" Law
23(1)
Legalistic Egalitarianism Fails to Distinguish Between KKK Crosses and Religious Symbols
23(1)
Inflexible Expansion of Disabilities Law at Risk to Public Health and Safety
24(1)
Egalitarianism's Threats to Free Speech
24(1)
Elitism, Complexity, and Harshness of Theoretically Egalitarian Tax Code
24(1)
Legalistic Morality
25(6)
Reduction of Ethical Behavior to Legal Behavior
25(1)
Prosecution of Holocaust Rescuer for Violation of Immigration Laws, and Failure of Jury to Nullify
25(6)
Dworkin's Interpretative "Community"
31(62)
The Positivist, Natural Law, and Realist Framework
32(14)
Introductory Summary of Dworkin's Jurisprudence
46(5)
Dworkin's Interpretive Method Excludes Teleology
51(7)
"Fairness" as Responsiveness to Public Opinion
58(4)
Toward a "Liberal" Redefinition of Justice Reduced to Simple Equality
62(7)
The Relationship Between Dworkin's Moral Neutrality and His Rigid Egalitarianism
69(3)
Due Process: An Inadequate Constraint on Law's Coercion
72(2)
Toward a "Liberal" Redefinition of Community
74(19)
Dworkin's Discontent with Natural Communities Rooted in Moral Neutrality
76(1)
Identity of the "Community of Principle" and Lawyers
77(4)
Dworkin's Fallacious Use of Personification
81(3)
Natural Communities Are Not Egalitarian
84(1)
Conclusions
85(8)
Kant's Moral Foundations and legalism
93(30)
What Is the Nature of a True Kingdom of Ends?
97(11)
Morality and Happiness Are Connected
98(3)
The Justice of an Action Is Relative to Its Effect on a Particular Person In Concrete Circumstances
101(1)
Morality and Human Sociability (Love and Friendship) Are Connected
102(6)
The Problems of Uniersalizability
108(4)
The Reducibility of the Kingdom of Ends to the Categorical Imperative
112(1)
The Diminished Status of Justice and Equity in Kant
113(10)
Moving Beyond Law with Aristotle
123(76)
The Nature of Natural Justice
124(22)
Natural Justice and Friendship
124(9)
Natural Justice and Legal Justice
133(8)
Teleological Considerations
141(5)
Ethos, or Custom
146(7)
The False Question on the Rule of Law, Custom, or Man
146(3)
Custom's Role in Mediating Between the Law and Justice
149(4)
Epieikeia
153(46)
Epieikeia Contrasted to Legal Equity and Equality
153(6)
The Ontology of Epieikeia: Its Particularity
159(5)
Epistemology of Epieikeia: Wisdom Versus Knowledge
164(1)
Epieikeia: Forgiveness and Friendship
165(10)
Epieikeia: Not a Body of Rules
175(12)
Summary
187(1)
Conclusion
187(12)
Abolition of Legal Profession and Other Reforms
199(22)
Legal Reforms
202(4)
Political Reforms
206(3)
Private Reforms
209(3)
Gradual Timetable for Reforms
212(1)
Final Reflections
213(8)
Bibliography 221(10)
Index 231

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