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Full-Text Articles in Law

Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich Oct 2005

Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich

Dalhousie Law Journal

There is a growing disconnect and alienation between lawyers and the legal profession in Canada. One cause, which is the focus ofthe article, is philosophical in nature. There appears to be a disconnect between the role lawyers want to pursue (i.e., a facilitator of justice) and the role that they perceive the profession demands they play (i.e., a hired gun). The article argues that this perception is a mistaken one. Over the last fifteen years, we have been engaged in a process of role morality reconstruction. Under this reconstructed institutional role, an ethic of client-centred zealous advocacy has slowly begun …


The Ethics Of Cause Lawyering: An Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne Mar 2005

The Ethics Of Cause Lawyering: An Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne

ExpressO

Criminal defense attorneys are often motivated by an intricate set of moral and ideological principles that belie their reputations as amoral (if not immoral) “hired guns” who would do anything to get their guilty clients off. Using empirical data from interviews with forty criminal defense attorneys I explore the motivations that inform their decisions to enter the field of criminal defense and the values that influence the manner in which they do their jobs. I conclude that many criminal defense attorneys are in fact cause lawyers who are committed to individual clients but also the “cause” of legal reform in …


U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry Jan 2005

U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry

Faculty Scholarly Works

This Article reviews the influence of comparative law during the past 100 years and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal ethics scholarship. This time period also included a significant amount of legal ethics scholarship employing a …