LAWYERS' ETHICS - SEMINAR ONE:

ETHICS, APPLIED ETHICS, AND PROFESSIONAL ETHICS

(5.00 - 7.00 pm Monday wk 5, MT 2000 Harris Seminar Room, Oriel College)



Reading:

MacNiven, Creative Morality, Introduction, Chs 1 & *2.

Kittay & Meyers, Women and Moral Theory (1987), pp 3-15

Bradley, "My Station and Its Duties" in Ethical Studies (1876)

Nicolson & Webb, Professional Legal Ethics, **Ch 2

Luban, Lawyers and Justice, Part I; *pp xvii - xxvi; pp 3 - 174, esp Chs *1,*2 & *8.

Simon, The Practice of Justice, *Ch 1.

Simon, "Ethical Discretion in Lawyering" 101 Harvard Law Review 1083-1145 (1988)

Campbell, The Legal Theory of Ethical Positivism (1996), pp 101 - 108

***Schneyer, "Moral Philosophy's Standard Misconception of Legal Ethics" 1984 Wisconsin Law Review 1529-72

Freedman, "Professional Responsibility of the Criminal Defence Lawyer" 64 Michigan Law Review 1469-84 (1966)

Fried, "The Lawyer as Friend" 85 Yale Law Journal 1069-89 (1976)

*Shaffer, "The Legal Ethics of Radical Individualism" 65 Texas Law Review 963-991 (1988)

**Kronman, "Living in the Law" 54 The University of Chicago Law Review 835-876 (1987)

Held, "The Division of Moral Labour and the Role of the Lawyer" in Luban, The Good Lawyer (1983) pp 60 - 79

Mears "Rape and the Radical Lawyer" Law Society Gazette, 28th March, 1990, p 16

Sarat & Scheingold, Cause Lawyering (1998), Ch 1



Cases:

Spaulding v Zimmerman 116 NW 2d 704 (1962) Supreme Court of Minnesota

Annesley v Anglesea (1743) How. St Trials 1139



Additional sources and materials used in lectures 1 - 4:

Probert & Brown, "Theories and Practice in the Legal Profession" Vol XIX University of Florida Law Review 447 -485 (1966-67)

Tur, "An Introduction to Lawyers' Ethics" 10 Journal of Professional Legal Education 217- 233 (1992)

Spiegelman, "Integrating Doctrine, Theory and Practice in the Law" 38 Journal of Legal Education 243 (1988)

Held, Feminism and Moral Theory, in Kittay & Meyers, Women and Moral Theory (1987), pp 111 - 128

Frideman & Zile, "Soviet Legal Profession: Recent Developments in Law and Practice" 1964 Wisconsin law Review 32



Essay/Discussion Topics

Why be a lawyer?



What theory of law and legal obligation best accommodates activist lawyering?



"An advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client. To save that client by all means and expedients, and all hazards and costs to other persons, and, among them, to himself, is his first and only duty; and in performing this duty he must not regard the alarm, the torments, the destruction which he may bring upon others. Separating the duty of a patriot from that of an advocate he must go on reckless of consequences, though it should be his unhappy fate to involve his country in confusion". [Lord Brougham, in 1820, defending Queen Caroline against King George IV's charge of adultery. Is this a defensible account of the lawyer's role and is an analysis based on role morality sufficient to justify it?