“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...) of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions (...) across several registers of moral analysis. Second, I formulate what I consider the most illuminating questions regarding the criteria used to evaluate commodification in law. Critiques of commodification in law face what I call problems of ideology, intractability, and hyperbole, and identifying these issues helps to explain the momentum of the law and economics movement. (shrink)

This article argues that lawyers have personal moral obligations to help ensure that no one who needs legal services goes without and hence that the practice of law should be seen as involving a calling to promote access to justice. One important aim of the law schools should thus be to inculcate in their students a sense of this calling and ideally to ensure that this notion of 'altru-ethical' professionalism becomes part of each lawyer's moral character. Drawing on educational theory, (...) studies on the impact of law clinics on students' ethical values and a survey of the attitudes towards a legal career, this article argues that the most effective way of inculcating such a sense of calling is through lengthy student involvement in live-client law clinics combined with ethics teaching and opportunities for reflection. It then describes a unique new degree, the University of Strathclyde Clinical LLB, which adopts a cradle to grave approach to the integration of ethics teaching and clinical experience into the standard law degree with the aim of increasing the chances of a sense of altruistic calling becoming part of a student's professional moral character. (shrink)

Many suggest that professionalism as traditionally understood is all but dead in today's legal marketplace. Some scholars believe that 'professional' orientations based on managerialism and influenced by profitability have seen the demise of the lawyer's traditional professional identity. This paper argues otherwise. A pilot qualitative study of new Australian lawyers indicates that professional ideals can still flourish. Participants both understood the traditional ideals and sought to incorporate them in their own developing sense of professionalism. This paper reviews the experiences of (...) 11 early-career Australian lawyers in their first year of practice. Preliminary results suggest that certain experiences are crucial to developing and retaining a broad sense of professionalism: finding a balance between autonomous/independent work and close mentoring and supervision; realizing that legal practice is not merely a rational and rule-based activity, but one that involves ongoing uncertainty, including the uncertainly of dealing with 'real' people displaying 'real' emotions; and reaching a comfortable 'value convergence' between one's own values and those modelled by colleagues. (shrink)

Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...) analogy are discussed in the introductory material. Electronic resources for conducting research on analogy are listed as well. (shrink)

Inspired by the work of Richard Abel, the authors conduct a N=1 study into the career path and disciplinary records of a Dutch immigration advocate. Their aim is to offer explanations as to why some lawyers seem so impervious to discipline. The authors analyse the case from three different angles: (1) characteristics of the disciplinary system (2) the social network of the advocate in question, including his professional network, and (3) the advocate?s personality. According to the authors, the key to (...) explaining non-compliance with ethical rules lies in the interaction between these three perspectives. In the case of the immigration lawyer a lack of professional socialization and the fact that he operated on his own, without substantial feedback or criticism from his social network were important explanatory factors. The article also offers a detailed insight into the effects of an accelerated disciplinary proceeding in which a local bar president ex officio assumes a new role. (shrink)

Various contemporary legal theorists have turned to ‘imagination’ as a keyword in their accounts of law. This turn is fruitfully considered as a potential response to the modern condition diagnosed by Max Weber as ‘disenchantment’. While disenchantment is often seen as a symptom of a post-metaphysical age, it is best understood as the consummation of metaphysics and not its overcoming. Law’s participation in disenchantment is illustrated by way of Holmes’ parable of the dragon in ‘The Path of the Law’, which (...) illustrates the rationalization and demystification of law. Four ideal–typical turns to ‘imagination’ are identified: the theoretical, the progressive, the transformative and the nostalgic. Most of these turns to imagination remain complicit with disenchantment. ‘Imagination’ often appears only to be harnessed in the service of more conventional keywords of legal thought: theoreticians turn to imagination as synthesis to serve as a form of super-reason; progressives turn to imagination as empathy to make law a more effective instrument; transformatives turn to imagination as invention to serve as a form of super-will. By turning to imagination as attunement, nostalgics come closest to accepting a world that is not masterable, i.e. they come closest to accepting an enchantment that is a gift and not the product of our imaginations. Indeed, modern imaginations are themselves symptoms of disenchantment. If Weber’s diagnostic calls for a human response, it cannot be one of overcoming disenchantment by imaginative re-enchantment: it belongs integrally to enchantment to exceed any and all human capacities. (shrink)