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Articles 1 - 3 of 3
Full-Text Articles in Legal History
Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel
Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel
Georgetown Law Faculty Publications and Other Works
The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, …
Creating Precedents Through Words And Deeds, Harold Krent
Creating Precedents Through Words And Deeds, Harold Krent
All Faculty Scholarship
Book review: Untrodden ground: how presidents interpret the Constitution. By Harold H. Bruff. Chicago: University of Chicago Press, 2015. 557 pages. Reviewed by Harold J. Krent
A Test For Freedom Of Conscience Under The Canadian Charter Of Rights And Freedoms: Regulating And Litigating Conscientious Refusals In Health Care, Jocelyn Downie, Francoise Baylis
A Test For Freedom Of Conscience Under The Canadian Charter Of Rights And Freedoms: Regulating And Litigating Conscientious Refusals In Health Care, Jocelyn Downie, Francoise Baylis
Articles, Book Chapters, & Popular Press
Conscientious refusal to provide insured health care services is a significant point of controversy in Canada, especially in reproductive medicine and end-of-life care. Some provincial and territorial legislatures have developed legislation or regulations, and some professional regulatory bodies have developed policies or guidelines, to better reconcile tensions between health care professionals’ conscience and patients’ access to health care services. As other groups attempt to draft standards and as challenges to existing standards head to court, the fact that the meaning of “freedom of conscience” under the Canadian Charter of Rights and Freedoms is not yet settled will become ever more …