Legal ethics and professional conduct Books

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Book SynopsisThe purpose of this volume is to explore what role ethical discourse plays in international law. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines.Table of ContentsPart I. The Role of Ethics in Public International Law: 1. Moral reasoning in international law Roger P. Alford and James Tierney; 2. Between power and principle Oona A. Hathaway; 3. Jus cogens: international law's higher ethical norms Mary Ellen O'Connell; Part II. The Role of Ethics in Private International Law: 4. The problem of provenance: the proper place of ethical reasoning in the selection of applicable law Lea Brilmayer; 5. Choice of law as general common law: response to Professor Brilmayer Michael Steven Green; 6. A reply Lea Brilmayer; 7. The natural law challenge to choice of law Perry Dane; 8. The role of ethics in United States private international law Donald Earl Childress III; Part III. Normative and Theoretical Perspectives: 9. The nature of human rights theory: beyond the ethical/political divide Samantha Besson; 10. The ethic of international law H. Patrick Glenn.

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Book SynopsisThis book explores Christian theological, legal, constitutional, historical, and philosophical meanings of conscience. In doing so, it surveys how conscience has been deployed in the New Testament text, across Christian history, and in various contemporary applications, including rights to sexual expression and constitutional law.Table of ContentsPart I. Themes in Understandings of Conscience in Christianity: 1. New Testament on conscience Wendell Willis; 2. Conscience and natural law in scripture David VanDrunen; 3. Conscience in early Christian thought John Anthony McGuckin; 4. Sensus Fidei, the magisterium, and the formation of conscience E. Christian Brugger; Part II. Conscience According to Major Figures and Traditions: 5. Conscience in the early church fathers Alexis Torrance; 6. St Thomas Aquinas on conscience Cajetan Cuddy, OP; 7. Reforming the conscience: magisterial reformers on the theory and practice of conscience John L. Thompson; 8. Toward a theology of a redeemed conscience Jeffrey B. Hammond; 9. Pierre Bayle: an enlightened alternative to John Locke Edward Andrew; 10. Freedom of conscience and its right to constitutional protection: the contribution of Roger Williams David Little; 11. Jonathan Edwards on conscience Michael McClymond; 12. Obeying God rather than men: uneasy evangelicals, conscience, and politics Micah Watson; 13. Mormonism and conscience Rosalynde Welch and Nathan B. Oman; 14. Culture and conscience in the thought of Joseph Ratzinger/Pope Benedict XVI Peter J. Casarella; Part III. Applied Topics in Law and Conscience: 15. Liberty of conscience, free exercise of religion, and the U.S. constitution Nathan S. Chapman; 16. Religious conscience protections in American state constitutions Michael J. DeBoer; 17. Forced conformity or accommodation? How to reconcile conscience and difference in a pluralistic democracy Mark Rienzi; 18. Christian conscience and sexual expression rights Helen M. Alvaré; 19. Conscience and war Joseph Capizzi; 20. Institutional conscience, corporate persons, and Hobby Lobby Christopher Tollefsen; 21. Religion, conscience, and the law: reasons, bases, and limits for exemptions R. Kent Greenawalt; Index.

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Book SynopsisThis book argues that existing enforcement strategies are not suitable for addressing the wrongdoing of 'good people' who are not fully aware of their misconduct. The book connects the theoretical puzzles raised by behavioral ethics to the vast literature on instrument choice and the various tools that policymakers can adopt to modify behavior.Trade Review'A fascinating, comprehensive exploration of the complexities of human motivations – and of how to get good people to do really good things. Opens up new vistas in behavioral science, and also in public policy. Highly recommended.' Cass R. Sunstein, Harvard University, Massachusetts'More than 40 years ago, economics revolutionized legal theory by analyzing the incentive effects of laws on people who are rationally self-interested. In recent years, cognitive psychology revolutionized law and economics by showing how legal incentives affect real people who are psychological, not purely rational. In The Law of Good People, Yuval Feldman provides a fresh perspective on laws aimed at motivating good people, as opposed to just deterring bad people. His creativity and knowledge of law, economics, and psychology will make readers rethink the incentive effects of laws and current theories of law and economics.' Robert Cooter, University of California, Berkeley School of Law'In the mid-twentieth century, Hannah Arendt was criticized for speaking about the banality of evil in describing Adolf Eichmann, and even today Stanley Milgram's experiments showing the ease of ordering people to harm others is difficult to comprehend. Since then, psychological evidence has accumulated, revealing the undeniable daily harms that emerge from the unintended actions of 'good' people. In this excellent book, Yuval Feldman brings all the best research to those interested in imagining the good society. He admirably polishes the grimy results of behavioral science experiments until they shine with solutions for political and legal reform. It is rare to see a scholar write with the broad sweep Feldman does, and even rarer to have one so effectively persuade that central concepts in the law - property, conflict of interest, discrimination - cannot remain in their present form if only we would confront the evidence already before us.' Mahzarin R. Banaji, Harvard University, Massachusetts'Should the law target the infamous Mr Hyde? No, says Yuval Feldman, who demonstrates why most individuals are not hard-nosed Mr Hydes. In fact, the law should be much more concerned with Dr Jekyll, who could turn into Mr Hyde at all times, but who will nevertheless convince himself that he remains the good-natured Dr Jekyll. In short, motivational plasticity, as Feldman explains, is a much bigger normative problem than merely being a 'bad person' in the first place. This book not only alerts legal academia to this idea, but also carefully discusses the implications for legal analysis and design.' Christoph Engel, Max Planck Institute for Research on Collective Goods'This book is the first to introduce the large and heterogeneous body of work on behavioral ethics to the world of law and legal policy. Drawing in part on the author's own pioneering experimental work, the book moves beyond the reigning enforcement-based approach with its focus on cognition and deliberation, and takes greater account of complex motivations, especially of people with a self-conception as being a good person. Feldman provides an important first installment on evaluating law and related interventions in the light of this promising new paradigm.' Henry Smith, Harvard Law School, Massachusetts'Weaving in disparate threads of economics and psychology, Professor Feldman delivers an exciting new approach to our understanding of ethical behavior. The implications of this work will influence our understanding of how to regulate good and evil for many years to come.' Jeffrey Rachlinski, Cornell Law School, New York'By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Professor Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world. A work of simply brilliant scholarship, The Law of Good People is a fully engaging, thought-provoking, informed and informative study that is unreservedly recommended for community and academic library Political Science, Judicial, and Contemporary Sociology collections and supplemental studies lists.' Library Bookwatch'In The Law of Good People: Challenging States' Ability to Regulate Human Behavior, Feldman's goal is to 'create a new branch of scholarship that focuses on the rule of law in a world populated by individuals with different levels of awareness of their own unethicality'. … The Law of Good People is a foundational work and as such it is a springboard rather than an ending. Feldman points to a host of thought-provoking questions in need of further research and deliberations, such as, 'How blind is a blind spot from a legal perspective of responsibility?' and 'Can we know ex ante in what mode of reasoning people will be when making a decision about the law?'. Many young scholars, and quite a few older ones, will find this book highly stimulating, inviting new thinking, and new lines of research as well as legal policy.' Amitay Ezioni, Institute for Communitarian Policy Studies'Feldman is rightly worried about the methodological limitations of behavioural ethics, and he is also right that there is nowhere near enough work to be confident about the underlying mechanisms behind these problems and the solutions to them. Many studies are small and experimental. Quirkiness is fun, but magic circle firms are not about to start building difficult-decisions suites stuffed with cuddly toys. Yet in these limitations is the central challenge: can ecologically realistic, methodologically robust, replicated studies develop our understanding of behavioural ethics further? Feldman and his collaborator's own studies are a rich resource here. Can regulators, or even lawyers and compliance managers, be encouraged to experiment with behavioural interventions? After all, lawyers need to be interested in both how rules work and how people behave ethically if they are to do their job effectively. Feldman's book shows us how important this could be.' Richard Moorhead, The Journal of Things We Like (Lots)'… Yuval Feldman [has] convincingly developed an illustrative access to the topic of regulation which can [be] characterized as pioneering since it breaks up [ingrained] concepts but offers new insights based on behavioral aspects in an intelligible manner. Thus, the book 'The Law of Good People' offers a solid foundation to [recalibrate] the concepts of regulation which makes it indispensable for any well-selected library.' Armin Kammel, translated from Österreichisches BankArchiv'The Law of Good People provides a comprehensive summary of an important body of research on Behavioral Ethics … will serve as a useful resource for legal scholars, lawyers, policymakers, and social scientists interested in law and legal institutions.' Janice Nadler, Michigan Law ReviewTable of Contents1. Introduction; 2. Behavioral ethics and the meaning of good people for legal enforcement; 3. Revisiting traditional enforcement interventions; 4. Revisiting non-formal enforcement interventions; 5. The role of social norms in legal compliance and enforcement; 6. Are all people equally good?; 7. Pluralistic account of the law: the multiple effects of law on behavior; 8. Enforcement dilemmas and behavioral trade-offs; 9. The corruption of 'good people'; 10. Discrimination by 'good' employers; 11. Summary and conclusion.

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Book SynopsisFollowing a deadly car crash, small-town lawyer Lance Cooper risked everything to battle one of the most powerful auto corporations in the world to get justice for a young woman. A fast-paced, journalistic account of tragedy turned to triumph, despair to hope, Cobalt Cover-Up is an inspirational, thoroughly compelling, and victorious read. In the midst of his own family struggles, small-town Georgia lawyer Lance Cooper agreed to defend Ken and Beth Melton and investigate the deadly accident that killed their daughter Brooke after she inexplicably lost control of her Chevy Cobalt. But what started as a heartbreaking yet all too common lawsuit quickly escalated into a David vs. Goliath case when Cooper discovered shocking evidence that General Motors concealed an ignition switch defect for nearly a decade--resulting in 124 deaths, including Brooke''s, and risking the lives of millions more.­­Despite GM''s settlement offers and attem

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Book SynopsisDevelop the ethical decision-making skills that are essential in the field of criminal justice with the help of ETHICAL DILEMMAS AND DECISIONS IN CRIMINAL JUSTICE, 10th Edition. Packed with current, real-world examples, the text covers ethics as it relates to the police, the courts and corrections. You'll learn about the principles and theories that are the foundation of ethical decision making and gain insight into the latest challenges and issues in criminal justice--the Black Lives Matter movement and the Ferguson effect, DOJ consent decrees, the militarization of the police, sanctuary cities, prosecutorial misconduct, the misuse of power and more. Exercises, cases and practical scenarios illustrate the significance of ethics in the criminal justice arena. Whatever your criminal justice career plans, this book prepares you to deal effectively with ethical challenges on the job.Table of ContentsPart I: ETHICS AND THE CRIMINAL JUSTICE SYSTEM. 1. Morality, Ethics, and Human Behavior. 2. Determining Moral Behavior. 3. Justice and Law. 4. Becoming an Ethical Professional. Part II: POLICE. 5. The Police Role in Society: Crime Fighter or Public Servant? 6. Police Discretion and Dilemmas. 7. Police Corruption and Responses. Part III: LAW. 8. Law and Legal Professionals. 9. Discretion and Dilemmas in the Legal Profession. 10. Ethical Misconduct in the Courts and Responses. Part IV: CORRECTIONS. 11. The Ethics of Punishment and Corrections. 12. Discretion and Dilemmas in Corrections. 13. Correctional Professionals: Misconduct and Responses. Part V: ETHICAL CHOICES IN TODAY'S WORLD. 14. Making Ethical Choices.

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Book SynopsisDie Ersatzfähigkeit immaterieller Schäden wurde seit dem Inkrafttreten des BGB erheblich erweitert. Die Kompensation ideeller Schäden bei Körper- und Gesundheitsverletzungen, bei Verletzungen des allgemeinen Persönlichkeitsrechts und Benachteiligungen entwickelte sich in jeweils eigenständiger Weise. Daher lag der Entschädigung ideeller Einbußen kein einheitliches Konzept zugrunde. Claudia Schubert legt eine umfassende Analyse des Ausgleichs immaterieller Schäden im Privatrecht vor und bezieht neben der Rechtsvergleichung die Vorgaben des Unionsrechts, der EMRK sowie den Entwurf eines Gemeinsamen Referenzrahmens ein. Sie richtet den Begriff des immateriellen Schadens neu aus, um die ersatzfähigen Schäden vollständig zu erfassen. Sie führt die einzelnen Teilbereiche konzeptionell zusammen und schlägt punktuelle Erweiterung für die Kompensation von Nichtvermögensschäden vor. Die Funktion der Entschädigung beschreibt sie als Schadenswiedergutmachung. Eine selbständige Genugtuungs- oder Präventionsfunktion lehnt die Autorin ab und spricht sich stattdessen für die Regelung von Privatstrafen aus, um das Schadensersatzrecht partiell zu ergänzen.

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Book SynopsisDer Sammelband enthält ausgewählte Schriften von Hans-Jürgen Hellwig zum anwaltlichen Berufsrecht und zur anwaltlichen Berufsethik, die in den letzten Jahren die Entwicklung dieser Bereiche maßgeblich geprägt haben. Sie nehmen neben der nationalen stets auch die europäische Dimension ihres Gegenstandes in den Blick. Alle Beiträge eint der elementare Bezug zur Freiheit (und ihren immanenten Beschränkungen), der im Blick auf eine rechtsstaatlich-demokratische Staats- und Gesellschaftsordnung dem Bild des Anwalts prägende Konturen verschafft hat, die nicht nur zu bewahren, sondern darüber hinaus ständig fortzuentwickeln und auszubauen sind.

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