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1316 found
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  1. (1 other version)Devil’s Advocates: On the Ethics of Unjust Legal Advocacy.Michael Huemer - manuscript
    I argue that it is morally wrong for a lawyer to pursue a legal outcome that he knows to be unjust, such as the acquittal of a guilty client or the triumph of the wrong side in a lawsuit.
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  2. Caselaw H v R: a final analysis.Sally Ramage - manuscript
    This is a case that should go to the European Court of Human Rights. A decent, senior qualified family doctor was accused by his mentally ill daughter of sex abuse. Without real evidence except for what the girl told another mentally ill patient at a psychiatric hospital she stayed at for several years, and wit just two witnesses, one a younger child wo saw none of the accused offences, and the other parent, struck off the General Medical Council Register for (...)
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  3. The murder trial of R v Vincent Tabak [2011].Sally S. Ramage - manuscript
    The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not advise (...)
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  4. Truth in perjury.Joanne Lau - manuscript
    of (from British Columbia Philosophy Graduate Conference) In moral reasoning, we sometimes encounter situations where what our ethical principles tell us to do and what we actually do conflict. In legal ethics, such anomalies arise for lawyers in defending a client who commits perjury. Wallace argues that such lawyers have not mastered the practice of truth-telling, and thus suffer from some sort of moral deficiency. However, due to the complexities of legal practice, particularly the value of truth and evidence, lawyers (...)
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  5. The Labor movements in Australia and New Zealand.David L. Glickman - forthcoming - Social Research: An International Quarterly.
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  6. Young lawyers Christmas drinks.Farewell to Kate Hughes - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  7. Quehacer fonoaudiológico en el área judicial.Esteban Camilo Gómez Izquierdo - forthcoming - Areté. Revista de Filosofía.
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  8. Set to take place from March 21-24, at the glorious Queensland Gold Coast, LAWASIAdownunder2005 will undoubtedly be the leading legal conference for Asia and the Pacific in 2005. [REVIEW]Intellectual Property Law - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  9. Advertising Legal Services in NSW.Capital Lawyers, Daniel D. Steiner & Mr Daniel Steiner - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  10. Bioethical Reasoning in New Zealand & Australia.Drj Macer - forthcoming - Bioethics for the People by the People, Tsukuba, Eubios Ethics Institute.
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  11. Reimagining the University. Tbc (ed.) - forthcoming
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  12. GENDER IDENTITY AS A LEGAL CATEGORY.Klaudyna Horniczak - 2025 - Studia Iuridica 104 (null):7-22.
    This paper explores evolving gender identity definitions in both social and legal contexts. Traditionally, gender was defined based on visible anatomical features. However, contemporary perceptions acknowledge the significance of gender identity, which may not align with sex assigned at birth. Many legal systems, including the Polish one, still rely on binary gender classifications based on anatomy, while the legal concept of gender identity remains underdefined. The ambiguity regarding legal gender identity calls for a solution that draws from extensive non-legal literature (...)
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  13. Educational Justice and School Boosting.Marcus Arvan - 2024 - Social Theory and Practice 50 (1):1-31.
    School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...)
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  14. Freedom of Conscience: A Communal-based Approach.Owen Jeffrey Crocker - 2024 - Appeal: Review of Current Law and Law Reform 29 (1):25-47.
    Despite the plethora of freedom of religion literature (under section 2(a) of the Canadian Charter of Rights and Freedoms), the corresponding literature on the freedom of conscience is minimal. To further the discussion on the freedom of conscience, I rely heavily on the philosophical literature to make an important distinction; the difference between individual- based and communal-based conceptions of conscience. Whereas the former is plagued with subjectivity, making it difficult to conceptualize a working framework for the Charter right, the latter (...)
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  15. Morte digna como direito: visibilidade jurídica da finitude.Alvaro de Azevedo Gonzaga, Lucia Alonso Falleiros & Felipe Labruna - 2024 - Revista Bioética 32:01-10.
    O direito à morte digna é majoritariamente ignorado pelo ordenamento brasileiro. Essa invisibilidade do processo de finitude e suas consequências são tema deste estudo, que objetiva realizar um levanta-mento exploratório para identificar pontos relevantes que devem ser desenvolvidos para garantir um processo de finitude digno. Foram analisadas 50 publicações, mediante levantamento online e físico de obras publicadas até março de 2023. Os estudos analisados expressam preocupação com dilemas éticos do cuidar do ser humano em finitude, mas não analisam formas existentes (...)
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  16. The Thirsty Traveler and Luck-Free Moral Luck.Samuel Kahn - 2024 - Problemos 105.
    This article is divided into three sections. In the first and second, I examine Sartorio’s account of the causal structure of the famous Thirsty Traveler thought experiment. I argue that this account does not withstand critical scrutiny. In the third, I turn to a novel kind of moral luck that Sartorio uses the Thirsty Traveler to expose. I expand the scope of my argument to look also at other recently proposed categories of moral luck. I argue that these proposals are (...)
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  17. The Making of Shia Ayatollahs.Sayed Hassan Akhlaq - 2023 - Lanham, MD: Rowman & Littlefield.
    The Making of Shia Ayatollahs offers both insider and outsider views of how a scholar becomes an Ayatollah in Shia Islam, how ayatollahs suggest diverse perspectives on faith, and how the grand ayatollahs are recognized by a balance of many factors including piety, scholarship, popularity and networking. This book consists of two parts. The first begins with the core value of knowledge in Islam and the Ulama’s interpretation of jurisprudence and the subjects, values, and methodology they have developed and are (...)
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  18. Back to basics, and beyond belief : the radical re-valuation project of the new standard conception.Rob Atkinson - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  19. Legal ethics: a guide for future practitioners.Anitha Cadambi - 2023 - San Diego, California: Cognella. Edited by Mona R. Shah.
    Legal Ethics : A Guide for future practitioners helps students better understand how ethical rules are applied in real-world legal practice and encourages them to discover, discuss, and debate, about different scenarios that can make up ethical dilemmas in their future careers. The interactive eBook format allows students to read the text of each chapter and engage with digital learning activities -- including pre-assessments; embedded links to articles, examples, and resources; dynamic scenarios; cases; videos; and digital flashcards -- all within (...)
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  20. Defusing the legal and ethical minefield of epigenetic applications in the military, defence and security context.Gratien Dalpe, Katherine Huerne, Charles Dupras, Katherine Cheung, Nicole Palmour, Eva Winkler, Karla Alex, Maxwell Mehlmann, John W. Holloway, Eline Bunnik, Harald König, Isabelle M. Mansuy, Marianne G. Rots, Cheryl Erwin, Alexandre Erler, Emanuele Libertini & Yann Joly - 2023 - Journal of Law and the Biosciences 10 (2):1-32.
    Epigenetic research has brought several important technological achievements, including identifying epigenetic clocks and signatures, and developing epigenetic editing. The potential military applications of such technologies we discuss are stratifying soldiers’ health, exposure to trauma using epigenetic testing, information about biological clocks, confirming child soldiers’ minor status using epigenetic clocks, and inducing epigenetic modifications in soldiers. These uses could become a reality. This article presents a comprehensive literature review, and analysis by interdisciplinary experts of the scientific, legal, ethical, and societal issues (...)
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  21. Repentence : did Atticus defend Jim Crow?Tim Dare - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  22. Revisiting Stanley Milgram's obedience to authority : an engaged followership perspective on legal ethics.Tigran W. Eldred - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  23. Race matters : white dispatches from the professional front.Allan C. Hutchinson - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  24. Not the end of lawyers, but a beginning-the place of entrepreneurship and innovation in legal ethics.Renee Knake Jefferson & Russell G. Pearce - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  25. Legal ethics for lawyers: a new model.Barbara Mescher - 2023 - New York, NY: Routledge.
    This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal (...)
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  26. When is lack of emotion a problem for justice? Four views on legal decision makers’ emotive life.Patricia Mindus - 2023 - Critical Review of International Social and Political Philosophy 26 (1):88-103.
    Reason and emotion are often cast as opposites. Yet emotion comes in a wide array of manifestations and has a variety of relations with its supposed opposite. Understanding emotion better is key to grasping how jurisprudence casts the relation between psychology and judicial decision making. Jurisprudents disagree on whether and when (lack of) emotion is a problem for decision makers in the justice system. The aim of this paper is to shed light on unarticulated assumptions in mainstream legal theory concerning (...)
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  27. In search of public interest lawyering : what does it take to give practical content to better professional norms?Richard Moorhead & Steven Vaughan - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  28. The lost lawyer regained-virtue, liberalism, and citizenship in lawyers' ethics.Reid Mortensen - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  29. Understanding risk with FOTRES?Tim Räz - 2023 - AI and Ethics 3:1153–1167.
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  30. James Rest's Four component model (FCM) : a case for its central place in legal ethics.Justine Rogers & Hugh Breakey - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  31. The ghost of the profession's past.Rebecca Roiphe - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  32. Speaking for Others from the Bench.Wendy Salkin - 2023 - Legal Theory 29 (2):151-184.
    In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work on the (...)
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  33. Preocupări legislative în mineritul datelor.Nicolae Sfetcu - 2023 - Intelligence Info 2 (2):98-105.
  34. Drone Warfare, Civilian Deaths, and the Narrative of Honest Mistakes.Matthew Talbert & Jessica Wolfendale - 2023 - In Nobuo Hayashi & Carola Lingaas, Honest Errors? Combat Decision-Making 75 Years After the Hostage Case. T.M.C. Asser Press. pp. 261-288.
    In this chapter, we consider the plausibility and consequences of the use of the term “honest errors” to describe the accidental killings of civilians resulting from the US military’s drone campaigns in Iraq, Syria, Afghanistan, and elsewhere. We argue that the narrative of “honest errors” unjustifiably excuses those involved in these killings from moral culpability, and reinforces long-standing, pernicious assumptions about the moral superiority of the US military and the inevitability of civilian deaths in combat. Furthermore, we maintain that, given (...)
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  35. The fragility of legal ethics : on the role of theory, lawyerly virtues, and moral remainders in the life of a good lawyer.Iris van Domselaar - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  36. Human dignity as the ground of legal ethics : the lawyer's role revisited, from Luban to Levinas.Julian Webb - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  37. Leading works in legal ethics.Julian S. Webb (ed.) - 2023 - New York, NY: Routledge.
    This volume reviews and takes stock of legal ethics, at a time when the legal profession globally is experiencing considerable change and challenges, through a re-evaluation of writings that are in some way foundational to the field. Legal ethics, understood here as the study of the ethics and professional regulation of lawyers, has emerged as a novel and important field of study over the last 50 years. It is also one that displays considerable diversity in its scholarship, with distinctive philosophical (...)
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  38. Introduction : surfing the waves of legal ethics scholarship.Julian Webb & Nicola Hard - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  39. Community, goodness, and solidarity in legal ethics.W. Bradley Wendel - 2023 - In Julian S. Webb, Leading works in legal ethics. New York, NY: Routledge.
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  40. The Possibility and Defensibility of NonState ‘Censorship’.Andrew Jason Cohen & Andrew I. Cohen - 2022 - In J. P. Messina, New Directions in the Ethics and Politics of Speech. New York, NY: Routledge. pp. 13-31.
    Whether Social Media Companies (hereafter, SMCs) such as Twitter and Facebook limit speech is an empirical question. No one disputes that they do. Whether they “censor” speech is a conceptual question, the answer to which is a matter of dispute. Whether they may do so is a moral question, also a matter of dispute. We address both of these latter questions and hope to illuminate whether it is morally permissible for SMCs to restrict speech on their platforms. This could be (...)
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  41. The right to bequeath as a common legal power.Luft Constantin & Gutmann Thomas - 2022 - In Schmidt am Busch Hans-Christoph, Halliday Daniel & Gutmann Thomas, Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives. Oxon/New York: Routledge. pp. 76-94.
    This chapter demonstrates that counter-arguments against such a right from analytic legal theory, among them Steiner’s, do not succeed. Although there are no rights on the part of post-mortem persons, a right to bequeath can be explained by and built around posthumous interests of the testator that might be adversely affected after his or her demise. This perspective, however, would have to be based upon an interest theory of rights. For proponents of a will theory of rights such as Steiner, (...)
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  42. Entrapment, temptation and virtue testing.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2022 - Philosophical Studies 179 (8):2429–2447.
    We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...)
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  43. What is the Incoherence Objection to Legal Entrapment?Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2022 - Journal of Ethics and Social Philosophy 22 (1):47-73.
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...)
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  44. On the Moral Impact Theory of Law.Ezequiel H. Monti - 2022 - Oxford Journal of Legal Studies 42 (1):298-324.
    Mark Greenberg argues that legal obligations are those moral obligations created by the actions of legal institutions in the legally proper way. Here I defend three main claims. First, I argue that, although very often misunderstood, Joseph Raz is also a defender of MITL. Secondly, I argue that while both Greenberg and Raz are committed to MITL, they disagree about the conditions under which a moral obligation can be said to be created in the legally proper way. Finally, I argue (...)
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  45. (1 other version)Responsibility for Reckless Rape.Katrina Sifferd & Anneli Jefferson - 2022 - Humana Mente - Journal of Philosophical Studies 42 (15):119-143.
    Sometimes persons are legally responsible for reckless behavior that causes criminal harm. This is the case under the newly drafted provisions of the U.S. Model Penal Code (MPC), which holds persons responsible for “simple” rape (nonconsensual sex without proof of force or threats of force), where the offender recklessly disregards the risk that the victim does not consent. In this paper we offer an explanation and corrective critique of the handling of reckless rape cases, with a focus on the U.S. (...)
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  46. The bodyguards of lies: lawyers' power and professional responsibility.Christopher Whelan - 2022 - New York: Hart Publishing.
    This book uses real world examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how they tackle their conflicting duties, and highlights the 'tragic choices' lawyers everywhere routinely make through their 'power of decision'. What emerges are new ways of understanding the critical role lawyers play in society - and their professional responsibilities. 'Truth is so precious it should always be protected by a bodyguard of (...)
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  47. The Moral Irrelevance of Constitutive Luck.Mihailis E. Diamantis - 2021 - Erkenntnis 88 (3):1331-1346.
    One’s constitution—whether one is generous or miserly, temperate or intemperate, kind or mean, etc.—is beyond one’s control in significant respects. Yet one’s constitution affects how one acts. And how one acts affects one’s moral standing. The counterintuitive inference—the so-called problem of constitutive moral luck—is that one’s moral standing is, to some significant extent, beyond one’s control. This article grants the premises but resists the inference. It argues that one’s constitution should have no net impact on one’s moral standing. While a (...)
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  48. Does legal epistemology rest on a mistake? On fetishism, two‐tier system design, and conscientious fact‐finding.David Enoch, Talia Fisher & Levi Spectre - 2021 - Philosophical Issues 31 (1):85-103.
    Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.
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  49. The subject of rights and responsibility in Ricoeur's legal philosophy.Guido Gorgoni - 2021 - In Marc De Leeuw, George H. Taylor & Eileen Brennan, Reading Ricoeur Through Law. Lanham, Maryland: Lexington Books.
    While the legal concept of a subject of rights is eminently an abstraction, Ricoeur’s philosophical challenge seeks to rethink its identity within the philosophy of action, in correlation with the ideas of capacity, attestation, and recognition. The terminology Ricoeur employs presents some significant marks of this theoretical stance, as he speaks of a “veritable” or a “real” subject of rights as distinguished from the purely formal one. I argue that Ricoeur’s approach to the legal subject attains its highest meaning in (...)
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  50. The subject of rights and responsibility in Ricoeur's legal philosophy.Guido Gorgoni - 2021 - In Marc De Leeuw, George H. Taylor & Eileen Brennan, Reading Ricoeur Through Law. Lanham, Maryland: Lexington Books.
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