l e ga l t h e o ry
Routledge Research in Legal Ethics NEW
The Ethics Project in Legal Education Edited by Michael Robertson, University of Queensland, Australia, Lillian Corbin, La Trobe University, Australia, Kieran Tranter and Francesca Bartlett, both at University of Queensland, Australia The contributions in this volume suggest that ’the ethics project in legal education’ is increasingly an international one. Even though the strength of commitment by both the profession and the legal academy to ’ethics learning’ within law schools varies, two fundamental questions confront all who work in this area. First, what is it that we want our students to learn (or, perhaps, in what manner do we want our students to develop) from the teaching of ’legal ethics’? Second, how can we create a learning environment that will encourage the nature and quality of learning we think is important? All the contributors to this volume take a strong stand on the importance of ethical legal practice and the role of law schools in developing students’ capacities in this area. They share a belief in the essential need to encourage law students to engage with the moral dimensions of legal practice. The questions that these scholars grapple with are therefore not of the ’should we be teaching this?’ variety, but ’how might we best to go about doing this, so that our efforts within law schools really make some difference?’ Each of the chapters in this volume adds uniquely to our understanding of these matters. Selected Contents: 1. Introduction, Michael Robertson, Lillian Corbin, Kieran Tranter and Francesca Bartlett 2. Taking Values Seriously: The Democratic Intellect and the Place of Values in the Law School Curriculum, Julian Webb 3. ‘Represent a Murderer... I’d Never Do That!’ How Students Use Stories to Link Ethical Development and Identity Construction, Cassandra Sharp 4. Experience is the Only Teacher: Bringing Practice to the Teaching of Ethics, David F. Chavkin 5. Developing Professional Judgement: Law School Innovations in Response to the Carnegie Foundation’s Critique of American Legal Education, Clark D. Cunningham and Charlotte Alexander 6. A South African Response to Ethics in Legal Education, Helen Kruuse 7. Bioethical Principles as Signposts for Ethical Legal Practice, David McQuoid-Mason 8. Towards Ethical Literacy by Enhancing Reflexivity in Law Students, Lynda Crowley-Cyr 9. Learning in Justice: Ethical Education in an Extra-Curricular Law Clinic, Donald Nicolson 10. Reading Reported Cases Through a Legal Ethics Lens, Linda Haller 11. Coming to Terms with Legal Ethics Assessment, Justine Rogers October 2010: 234 x 156: 248pp Hb: 978-0-415-54651-5: £75.00 eBook: 978-0-203-84085-6 For more information, visit: www.routledge.com/9780415546515
Reaffirming Legal Ethics
NEW
Taking Stock and New Ideas
Alternative Perspectives on Lawyers and Legal Ethics
Edited by Kieran Tranter, Francesca Bartlett, both at Griffith University, Australia, Lillian Corbin, La Trobe University, Australia, Michael Robertson, all at Griffith University, Australia and Reid Mortensen, University of Southern Queensland, Australia It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation. This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers. The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. Selected Contents: 1. Introduction, Kieran Tranter, Francesca Bartlett, Lillian Corbin, Reid Mortensen and Mike Robertson 2. The Philosophical Foundations of Legal Ethics: A Roundtable Moderator Christine Parker 3. Personal Integrity and Professional Ethics, Deborah L. Rhode 4. Legal Advising and the Rule of Law, W. Bradley Wendel 5. Tales of Terror: Lessons for Lawyers from the ‘War on Terrorism’ David Luban 6. Legal Ethics in a Post-Westphalian World: Building the International Rule of Law and Other Tasks, Charles Sampford 7. An Opportunity for the Ethical Maturation of the Law Firm: The Ethical Implications of Incorporated and Listed Law Firms, Christine Parker 8. Carnegie’s Missing Step: Prescribing Lawyer Retraining, Lawrence K. Hellman 9. Professionalism and Pro Bono Public, Lorne Sossin 10. The Psychology of Good Character: The Past, Present and Future of Good Character Regulation in Canada, Alice Woolley and Jocelyn Stacey 11. The ‘Self-Regulation’ Misnomer, Fred C. Zacharias 12. Why Good Intentions are Often not Enough: The Potential for Ethical Blindness in Legal Decision-Making, Kath Hall June 2010: 234 x 156: 240pp Hb: 978-0-415-54653-9: £75.00 eBook: 978-0-203-84935-4 For more information, visit: www.routledge.com/9780415546539
Browse and order online: www.routledge.com/law
Reimagining the Profession Edited by Reid Mortensen, University of Southern Queensland, Australia, Francesca Bartlett, University of Queensland, Australia and Kieran Tranter, Griffith University, Australia The book features important contributions taking contemporary and non-mainstream perspectives on legal ethics and the legal profession. The volume provides insights into legal culture and ethics in a range of countries and makes connections between countries providing valuable insights into developments in the profession at the local and global level. Selected Contents: 1. Introduction, Francesca Bartlett, Reid Mortensen and Kieran Tranter 2. Global Continental Shifts to a New Governance Paradigm in Lawyer Regulation and Consumer Protection: Riding the Wave, Judith L. Maute 3. Our Common Future: The Imperative for Contextual Ethics in a Connected World, Vivien Holmes and Simon Rice 4. The Emperor’s New Clothes: From Atticus Finch to Denny Crane, Paula Baron 5. Doing Good by Stealth: Professional Ethics and Moral Choices in The Verdict and Regarding Henry, Rachel Spencer 6. Solicitors as Imagined Masculine, Family Mediators as Fictive Feminine and the Hybridization of Divorce Solicitors, Lisa Webley 7. Stein’s Ethic of Care: An Alternative Perspective to Reflections on Women Lawyering, Elizabeth Gachenga 8. Gender, Ethics and the Discretion Not to Prosecute in the ‘Interests of Justice’ Under The Rome Statute for the International Criminal Court, Tina Dolgopol 9. Exploring the Potential of Contextual Ethics in Mediation, Rachael Field 10. Nefarious Conduct and the ‘Fit and Proper Person’ Test, Duncan Webb 11. Legal Ethics and Regulatory Legitimacy: Regulating Lawyers for Personal Misconduct, Alice Woolley 12. The Problem of Mental Ill-Health in the Profession and a Suggested Solution, Michelle Sharp August 2010: 234 x 156: 304pp Hb: 978-0-415-54652-2: £75.00 eBook: 978-0-203-84688-9 For more information, visit: www.routledge.com/9780415546522
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