Law Commons^™

Intentions, Compliance, And Fiduciary Obligations, Stephen Galoob, Ethan Leib

Stephen Galoob

No abstract provided.

Are Legal Ethics Ethical? A Survey Experiment, Stephen Galoob, Su Li

Stephen Galoob

Many core questions in legal ethics concern the relationship between ordinary morality and rules of professional conduct that govern lawyers. Do these legal ethics rules diverge from ordinary morality? Is the lawyer's role morally distinctive? Do professional norms establish what the lawyer has most reason to do? Conjectured answers to these questions abound. In this Article, we use methods from moral psychology and experimental philosophy to provide the first systematic, empirical examination of these questions. Results from a survey experiment suggest that legal ethics rules about advocacy and confidentiality diverge from lay moral judgments; that lay judgments do not, in …

How Do Roles Generate Reasons? A Method Of Legal Ethics, Stephen Galoob

Stephen Galoob

Philosophical discussions of legal ethics should be oriented around the generative problem, which asks two fundamental questions. First, how does the lawyer’s role generate reasons? Second, what kinds of reasons can this role generate?

Every extant theory of legal ethics is based on a solution to the generative problem. On the generative method, theories of legal ethics are evaluated based on the plausibility of these solutions. I apply this method to three prominent theories of legal ethics, finding that none is based on a fully satisfactory solution to the generative problem.

This method has important implication for the study of …

How Do Roles Generate Reasons? A Method Of Legal Ethics, Stephen Galoob

Stephen Galoob

No abstract provided.

How Do Roles Generate Reasons? On The Methods Of Legal Ethics, Stephen Galoob

Stephen Galoob

Debates about legal ethics should be oriented around the generative problem, which asks two fundamental questions. First, how does the lawyer’s role generate normatively compelling reasons for action? Second, what kinds of reasons can this role generate?

Every substantive theory of legal ethics is based on a solution to the generative problem. On the generative problem method, we should evaluate these theories based on their implicit solutions to the generative problem. None of the main theories of legal ethics is based on a solution to the generative problem that is both structurally valid and empirically verified.

The generative problem method …