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Further Reflections On Libertarian Criminal Defense, William H. Simon Jan 1993

Further Reflections On Libertarian Criminal Defense, William H. Simon

Faculty Scholarship

Since David Luban's is the work on legal ethics that I admire and agree with most, there is an element of perversity in my vehement critique of his arguments on criminal defense. I am therefore especially thankful for his gracious and thoughtful response. Nevertheless, I remain convinced that Luban is mistaken in excepting criminal defense from much of the responsibility to substantive justice that we both think appropriate in every other sphere of lawyering.


A Morality Fit For Humans, Joseph Raz Jan 1993

A Morality Fit For Humans, Joseph Raz

Faculty Scholarship

I believe that it was opposition to utilitarianism which first bred arguments claiming in one way or another that a view of morality according to which morality is very demanding is mistaken just be-cause morality cannot be so demanding. On first hearing, this type of argument is liable to seem suspect. Humans should be fit for morality, and unfortunately too often they are not – one is inclined to say. If we find morality too demanding the fault is with us and not with morality. The idea of human morality, in the sense of a morality fit for humans in not ...