"Golf day 2005 @ federal golf club, red hill." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (196), pp. 7.

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

Dr Boyle is right in drawing attention to the apparent inconsistency between laws that allow a fetus in utero to be aborted at the mother’s will but give the law’s full protection to a newborn infant, perhaps of the same gestation as the aborted fetus. It makes no difference how disabled the infant is, or how poor the prognosis. The reason for the inconsistency is that the two stages of the infant’s development—before birth and after birth—are governed by different legal (...) principles.While a fetus is in utero, the applicable laws are the criminal law of abortion and the civil law of battery, which here focuses on the mother’s direction alone. As Dr Boyle says, the law on abortion in the UK—and also in Australia—enables an abortion to be lawfully performed if continuing the pregnancy would present a real risk to the mother’s life, or her physical and mental health; and, additionally, in some jurisdictions like the UK, for serious fetal abnormality: see Abortion Act 1967 ,1 which includes risks to “existing children” as well as to the mother.2 Recent changes to the criminal law in the Australian Capital Territory and Western Australia have gone further and abortion is now lawful in those jurisdictions, simply on the informed request of the mother.3In jurisdictions that do not have a specific provision allowing abortion on the grounds of fetal abnormality, doctors have inferred that having a child with a serious abnormality would constitute a threat to the mother’s life or health, again focussing on the mother. The concept of harm to the mother’s health has been interpreted by the courts to include harm during pregnancy and delivery and also after the birth.4 This might take account of difficulties in raising …. (shrink)

In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition, and breadth of practice. What began as a small activist group of social scientists volunteering their expertise to assist in the defense of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds. In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at (...) the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession's struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended "best practices" from trial lawyers, and the written and spoken recommendations and reflections of the trial consultants themselves. Addressing a broad spectrum of topics ranging from handwriting analysis to medical malpractice cases, they also suggest reforms for improving the profession and the efficacy of the trial consultant in the courtroom. The result is a critical analysis of what trial consulting truly adds to, and detracts from, the administration of justice. This book is an indispensable guide for practicing and aspiring trial consultants as well as the judges, attorneys, and psychologists who work with them. Trial Consulting provides a thought-provoking statement on the state of the profession, and students and professionals alike will benefit from the challenges it offers. (shrink)

With the expansion of clientele’s demographics and international transactions, many law firms began to open doors to non-mainstreamers—minority lawyers to join the legal workforce. Decades have passed and the inequality in compensation between minority and non-minority attorneys is still one of the most controversial issues in the legal profession. Based on human capital and labor discrimination theory, we examine the productivity and compensation differences between minority attorneys and non-minority counterparts. The sample consists of 554 firm-year observations of the (...) 200 largest U.S law firms from 2013 to 2016. We use OLS with clustered standard errors by year. We find minority partners are more likely to provide relatively routine and template-based services, which do not command fee premium, which results in low productivity of minority partners. We find that minority partners are compensated less than their non-minority counterparts after controlling for productivity. This paper aids in the understanding of diversity in the workplace and the effect of diversity on a firms’ productivity and the type of services to provide. Also, this paper has implications on the compensation gap between minorities and their non-minority counterparts. (shrink)

With the expansion of clientele’s demographics and international transactions, many law firms began to open doors to non-mainstreamers—minority lawyers to join the legal workforce. Decades have passed and the inequality in compensation between minority and non-minority attorneys is still one of the most controversial issues in the legal profession. Based on human capital and labor discrimination theory, we examine the productivity and compensation differences between minority attorneys and non-minority counterparts. The sample consists of 554 firm-year observations of the (...) 200 largest U.S law firms from 2013 to 2016. We use OLS with clustered standard errors by year. We find minority partners are more likely to provide relatively routine and template-based services, which do not command fee premium, which results in low productivity of minority partners. We find that minority partners are compensated less than their non-minority counterparts after controlling for productivity. This paper aids in the understanding of diversity in the workplace and the effect of diversity on a firms’ productivity and the type of services to provide. Also, this paper has implications on the compensation gap between minorities and their non-minority counterparts. (shrink)

In today’s globalised economy, characterised by high capital mobility but largely domestic tax policy, individuals and corporations can pick and choose between different tax regimes. In Catching Capital: The Ethics of Tax Competition, Peter Dietsch offers a commanding analysis covering the moral assessment and an institutional solution to the problem of tax competition. This book will prove useful to political philosophers and legal theorists seeking a thorough approach to global justice that proceeds from real-world practice. And, more importantly, (...) it will also assist policymakers, lawyers and economists from fiscal policy sectors looking for a proposal that binds together the interdisciplinary theory and practice of tax competition. (shrink)

Europe's position in the world is analyzed in relation to a specification of globalization into five global processes, whereby Europe stands out as the central node of global flows of trade and capital and as the region of uniquely high transnational entanglements, as an area of transnational normativity. The historical background and inter-relation of foreign trade and trans-polity law within Europe, both in early modern social theory and in post-Second World War institution-building, are highlighted, as well as the spread (...) of European law to other continents. The concepts of position, role, and identity should be distinguished. This historical and current position of Europe in the world is little expressed in the roles that contemporary European leaders want to play and in contemporary formulations of European heritage and identity. This is due partly to a nostalgic misjudgment by former great power politicians, but largely because of the delimited position of conventional trade and law in Europe, and of the actual but untheorized transformation of trading traditions into socially embedded trade and of the legal tradition into democratic international normativity. It is finally argued that these European practices of trade and law in fact correspond to many current critical views on global trade and global governance. (shrink)

State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect. The next (...) wave of change was due to the spread of the idea of the gradual withering away of the state in terms of building a communist society. As a consequence of this ideology was the reduction of employees in the field of law enforcement and attracting a variety of civic organizations, labor groups and citizens to fulfill a variety of law enforcement functions (voluntary civil police, civil judges, civil assistant investigator, civilian prosecutors, civil lawyers, etc.). And finally, the soviet leadership made steps in the field of law enforcement toward stricter penalties for serious crimes, as well as expanding the scope of the death penalty. The country's leadership was actively intervened in the work of law enforcement. Communist Party took control the law enforcement agencies due to the appointment to senior positions along party lines and managing work of party members through the party cell. One of the major controversies of the time was mixing the steps to improve of law enforcement sphere (increased attention to the frames, structural changes, strengthening analytical work in the study of crime statistics), with a desire to demonstrate the advantages of the socialist way of life (which was manifested in the silencing of certain criminal manifestations, artificially lowering their significance by reducing the liability on them, outright ignoring problems and their causes, etc.). Contradictions were observed in the conduct of state punitive line too. On the one hand, it was a significant step up from the Stalinist penal system by expanding the rights of prisoners, procedural rules, which led to a softening of the repressive pressure on the population. On the other hand, the state retained its attitude to dissent; applying the new forms social exclusion of dissidents, for example, applying to them the impact of psychiatric measures. These moments hampered consolidation of the new format of normative behavior in the minds of ordinary citizens, and gave rise to "double standards", the imbalance between what is declared and what actually happened. (shrink)

Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...) his interest was further stimulated by his philosopher colleagues in M16, Stuart Hampshire and Gilbert Ryle. After the war, Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. H.L.A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the 1960s on abortion, the legalization of homosexuality, and on capital punishment. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining as it did the insights of Austin and Bentham and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law which would be of relevance to all forms of law, wherever or whenever they arose: his bestselling book, The Concept of Law, has sold tens of thousands of copies worldwide. In 1941, he married Jenifer Williams (a high-ranking civil servant, later an Oxford academic) with whom he had four children. Their relationship was an enduring if unconventional one. In the early 1950s, Jenifer was rumoured to be having a long-standing affair with Isaiah Berlin, one of Hart's closest friends. She was also, falsely, accused by the Sunday Times of having been a Russian spy, an allegation which was all the more scandalous given Hart's position at MI5 during the War. Nicola Lacey draws on Hart's previously unpublished diaries and letters to reveal a complex inner life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution. Above all, it chronicles of a life which had a depth ands impact far greater than many of Hart's readers have realized. (shrink)

This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, (...) restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens. (shrink)

À partir de l’analyse des réseaux sociaux qui sous-tendent les réseaux industriels de la Silicon Valley, cette recherche montre que la nature des biens échangés et le degré d’interdépendance des acteurs économiques font de l’échange par le don le principe dominant d’échange dans les réseaux. Dans la Silicon Valley, les échanges d’information entre les capital-risqueurs, les juristes, les entrepreneurs, les dirigeants d’entreprises, les journalistes, les professeurs d’université... se font pour l’essentiel au sein de réseaux d’acteurs interdépendants et complémentaires qui (...) respectent implicitement les principes du don dans leurs échanges.From the analysis of the social networks underlying the industrial networks of Silicon Valley, this search points out that because of the nature of the exchanged goods and the degree of interdependence between the economic actors, the exchange by the gift is the principle rule of exchange in networks. In Silicon Valley, the exchanges of information between venture capitalists, lawyers, entrepreneurs, managers of large companies, journalists, professors... are done essentially within networks of interdependent and complementary actors who implicitly respect the rules of the gift exchange theory. (shrink)

MORALITY, JUSTICE AND THE LAW is a co-edited volume pulling together selections on theories of the moral underpinnings of law, morality and lawyering (including the religious lawyering movement), civil disobedience, capital punishment and immigration. The book was published by Prometheus Books in 2007.

By promoting greater alignment between law and capital, litigation financing has the potential to further escalate the substantial restructuring that is occurring throughout the legal profession. This article examines regulation of the relationship between litigation funders and lawyers in three common law jurisdictions: the United Kingdom; the United States; and Australia, against the backdrop of a sea change in the way in which legal services are being delivered. It argues that a broad prescriptive approach rather than proscriptive prohibitions (...) are the best way to regulate the emerging relationship between law and capital. (shrink)

Philosophers have never shied away from interrogating the nature of our obligations beyond borders. From Hobbes to the international lawyers Grotius, Pufendorf, Vattel, and of course Kant, modern philosophy has always attempted to define the nature and shape of a just international order, and the types of mutual obligations members of different political communities might share. In today's hyper-connected world, these issues are more important than ever and have been an impetus to a political theory with global scope and (...) aspirations. Global Political Theory offers a comprehensive and cutting-edge introduction to the moral aspects of global politics today. It addresses foundational aspects of global political theory such as the nature of human rights, the types of distributive obligations that we have toward distant others, the relationship between just war theory and global distributive justice, and the legitimacy of international law and global governance institutions. In addition, it features analyses of key applied moral debates in global politics, including the ethical aspects of climate change, the moral issues raised by the mobility of financial capital, the justness of different international trade regimes, and the implications of natural resource ownership for human welfare and democratic political rule. With contributions from leading scholars in the field, this accessible and lively book will be essential reading for students and teachers of political theory, philosophy and international relations. (shrink)

The extent to which Latin was familiar to the inhabitants of late sixth- and early seventh-century Constantinople is a topic of current discussion and interest. While there is little evidence to suggest a significant knowledge of Latin even among the educated in the seventh century, it is clear that in the late sixth century the language was still familiar to a section of the upper classes. Among native easterners, the degree of this familiarity would certainly have varied considerably, from those (...) who could recognise a few words of Latin, through the lawyers, administrators and military men who had a specialised, professional knowledge, to the small proportion who could detect the Virgilian echoes in Corippus' panegyric of Justin II. Whether Paul the Silentiary, epigrammatist and panegyrist of the Emperor Justinian's church of S. Sophia, should be included in the small category who were acquainted with Latin literature is indeed a more far-reaching issue than that of the survival of Latin in the eastern capital, since it is an element in the larger problem of the extent to which late Greek poets knew and imitated the work of their Latin predecessors. The broad generalisations of the past no longer satisfy modern scholarship, which rightly demands rigorous scrutiny of the evidence for each individual author. (shrink)

America the Philosophical is a wake-up call to the institutional practice of Philosophy in the United States. Romano's claim is twofold; an incisive critique of the narrow way in which academic Philosophy—Philosophy with a capital "P"—is currently practiced; and a celebration of the vast amount of philosophical (with a small "p") energy displayed in American culture. Romano, a philosopher, lawyer, journalist, literary critic, and Professor of Philosophy, is able to marshal a unique set of skills, experiences, and insights to (...) support his claim.America the Philosophical stands in a long line of compelling appeals to American Philosophy. Emerson's Divinity School Address represents a "first wave" of appeals for the .. (shrink)

It has been claimed that to fully understand the law, one must know the language of normative texts and the relevant rules governing its use. It usually means that normative texts do not seem to be comprehensible enough to persons without formal legal training. In an on-going research project, we are focusing on the process of writing texts of legal regulations, conducting semi-structured interviews with those involved in drafting normative texts. In this paper, we focus on lawyers as a (...) speech community of legal language speakers and we discuss why and to what extent this speech community may be considered an elite in a society. We show that competent usage of special – legal – language in regulating the whole society may help create a special group of persons wielding an important segment of cultural capital: the knowledge of legal language, and, in consequence, competent knowledge of law. Given the fact that this language is used to exercise (legal) power in a society, lawyers appear to be in the advantageous position of an elite. We argue that those who draft new legal texts reproduce writing rules and customs, constantly re-creating legal language as a language mostly incomprehensible to a non-competent speaker, and, in consequence, creating lawyers as an elite speech community. (shrink)

This article recalls the fact that until the mid-19th century neither company legislation, nor jurists, nor economists, envisioned companies to be private or small. Nevertheless, once freedom of incorporation and general limited liability were enacted, a new practice was set in motion in Britain. Smaller companies were formed in growing numbers, replacing partnerships, family firms and even sole proprietorships. They operated in sectors in which corporations had not been found before. These companies did not seek access to the stock markets. (...) The article tracks the take-up pattern and changing characteristics of the corporate form in Britain between the enactment of free incorporation and general limited liability (1844–62) and the formal legal recognition of the private company (1907). It shows the dramatic increase in annual incorporation and the parallel decrease in the average capital and average number of shareholders in newly formed companies. The article then analyses the reasons for the decision of businesspersons to incorporate their small firms. The main motivations were the possibility to create asset partitioning between personal and business assets and the ability to use the floating charge. Finally, the article examines the legal reaction to the bottom up emergence of the private company. It examines the reactions of the courts (in the famous Salomon v Salomon case) and of the legislature to this unpredicted practice. It argues that incorporators and their lawyers used the available contractual flexibility to privately design Articles of Association and to adjust them to the specific needs of private and small companies, often by introducing partnership internal governance rules into company Articles. The present study relies on newly gathered data on the take-up of the company form and a newly produced sample of company files collected at Companies House and the National Archives. (shrink)

In the January 6, 1991, issue of theWashington Post Magazine, reporter Walt Harrington wrote a profile of Bryan Stevenson. Mr. Stevenson is a 31-year-old working-class African-American from Delaware who graduated from Harvard Law School and the Kennedy School of Government. Like the typical graduate of Harvard Law School, Mr. Stevenson had the opportunity to join the worlds of six-figure corporate law or high-visibility politics. Rather than follow his colleagues, however, Mr. Stevenson works seven-day, eighty-hour weeks as director of the Alabama (...) Capital Representation Center. He appeals death sentences, handling twenty-four death-row cases himself, supervises five other lawyers who cover about thirty cases, and raises federal government and foundation funding. He does this living a Spartan existence on a salary of $24,000, refusing even the $50,000 directorship salary offered to him. (shrink)

The business community of Canada manifests questionable moral and ethical standards in its criticism of government spending, since it itself bears considerable responsibility for the increase in government spending and budget deficits. The contradiction arises from the failure of the business community to recognize the liberalization of society at large and the associated social responsibility for the well-being of its citizens; a well-being manifested in income maintenance programmes, in access to education and training, in health care, and others. The failure (...) to recognize such expectations is manifested in its failure to provide adequately for the retirement of its employees, for the health care of its employees, for laid-off and seperated employees, thereby shifting the burden to government. Further, it has failed to assume responsibility for the training and retraining of the workers it employs, including high-level workers trained specifically to its purposes in business schools. While expecting government to bear full financial responsibility for income maintenance, health, education and training, the business community makes every effort to deny government the revenues it needs to meet its obligations. The avoidance of tax payments stands high amongst business objectives, manifested in the employment of highly paid accountants and tax lawyers specifically for the purpose. Finally, in their criticism of government spending, business spokesmen deliberately fail to distinguish between consumption spending and capital investment spending, notwithstanding the significant contribution to the production infrastructure of the economy of government investment expenditures. If the capital expenditures were to be taken out of the government's budget, the deficit will decrease substantially. (shrink)

Marx was born in 1818, Engels in 1820, both in Germany. Marx's father was a lawyer, and he went to Bonn and Berlin universities, at first to study law, then philosophy (a flourishing subject in German universities at the time). Engels was not a university man. He went into business. From 1850 to 1870 he managed his family's firm's cotton mill in Manchester. Engels had first-hand knowledge of the English capitalists: he was one. After retiring from the cotton industry he (...) lived on in England. From 1849 Marx lived in England, supported by Engels. His political activities had got him into trouble in Germany and in other parts of Europe, and in the 19th century England received many political refugees. Marx worked in the British Museum studying the English economists and writing Capital. He corresponded constantly with Engels, and after Marx's death Engels edited volumes 2 and 3 of.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TWILIGHT OF THE VAMPIRES: HISTORY AND THE MYTH OF THE UNDEAD Matthew Kratter University ofCalifornia Berkeley "Whoever fights monsters should see to it that in the process he does not become a monster." (Nietzsche, Beyond Good andEvil, IV, 146) One ofthe most satisfying parts ofan extended engagement with the mimetic theory is the bird's-eye view of history that it affords one—that magnificently coherent panorama which stretches from proto-hominids through (...) the Passion to post-culture and the Apocalypse. The sheer scope of Girard's historical vision is also, admittedly, one ofthe more controversial aspects of his theory. As early as Violence and the Sacred (French, 1972; English trans., 1977), in a conscious revolt against the anti-Hegelian and anti-systematic temper of the times, Girard implied a historical telos for human culture that consists ofthe gradual replacement of sacrificial by non-sacrificial paradigms and praxes. With the publication of Things Hidden Since the Foundation ofthe World (1978; 1987) and The Scapegoat (1982; 1986), however, Girard appeared to step beyond the pale of polite (read, secularist) academic discourse by explicitly identifying the Christian Paraclete as the divine dynamo behind the historical process: "The Spirit is working in history to reveal what Jesus has already revealed, the mechanism ofthe scapegoat, the genesis of all mythology, the nonexistence of all gods of violence" (Scapegoat 207). More recently, in an essay on Satan (literally, "the accuser"), the contrasting role of the Paraclete (literally, "the lawyer for the defense") as a defender ofvictims is again emphasized: Matthew Kratter31 It is possible to read the history, first of the Christianized West, then ofthe Westernized planet, our modern history, as... a process of vindication and rehabilitation of more and more persecuted victims. New hidden victims of society are continuously being brought to light; the consensus against them always dissolves after a while. First it was slaves, then the lower classes, then people ofdifferent ethnic and religious backgrounds. Today the victimization of ethnic groups, of women, ofhandicapped people, ofthe very young and the very old, is coming to light. (GirardReader 208) Mostrecently, Girard's view ofhistory has become, ifanything, more unified, as (following Raymund Schwager) he has begun to emphasize the continuity between the sacrificial and the non-sacrificial (without, of course, trying to elide their differences). At a recent AAR/SBL conference in San Francisco (22 November 1997), Girard discussed the Eucharist as a recapitulation ofthe religious history of mankind, in which all previous forms of sacrifice are present (from cannibalism and "other-sacrifice" to the other end of the spectrum and "self-sacrifice"). Or phrased somewhat differently, the redemptive effects ofthe Passion radiate backwards and forwards in time— what Giuseppe Fornari implies when he refers to Christianity's "capacity to redeem the whole history ofman, summing up and surpassing all its sacrificial forms" (187). It may well prove that "Sacrifice" (with a capital "S") is the single most important and comprehensive word that we possess to describe our history. The central contention ofthis essay is that the phenomenon ofthe vampire offers itself as a privileged site for exploring this work of the Paraclete in history. The very processes of "bringing to light" and "exhuming victims," described by Girard above, are certainly metaphors appropriate to the twilit world ofthe vampire, in which the undead are always being dug up or exposed to die light. IfI maintain that, this late in the twentieth century, we are living in the "twilight ofthe vampires," the allusion to Wagner's Götterdämmerung and Nietzsche's Götzen-dämmerung is not accidental. The ambiguity ofthe German verb dämmern (which can mean "to grow dark" or "to grow light") captures all the paradoxes that surround the mythologizing, demythologizing, and remythologizing of the traditional figure ofthe vampire. I will explore these paradoxes in five successive moments (in the most archaic and traditional form taken by the vampire, then in a medieval persecution text, a late-Victorian novel, a German Expressionist film, and finally a series of 32Twilight ofthe Vampires contemporary popular novels) in order to demonstrate the various metamorphoses undergone by the vampire throughout a history which may be viewed as overseen by the Paraclete—and by a... (shrink)

Currently, most legal professions are not representative of the communities which they serve. They do not proportionally include diverse members of the community, nor ensure there are diverse practitioners represented in all areas of practice and at senior levels. This impacts on access to justice, a key premise of the law and legal system. One step to make the legal profession more diverse is for law schools to ensure that diverse law students are both admitted and enabled to succeed in (...) their law degrees. While transition to university by diverse students has been analysed over the last 20 years, there remains a disjunct, with students’ cultural capital not being recognised, and students being expected to assimilate into the university, rather than their law studies moulding around them. Using a theoretical model of ‘transition as becoming’, this article analyses first-year law students at Western Sydney University Australia and their responses to a reflection survey. The study identified three key factors which enhance diverse law students’ success: recognising the family, work and caring responsibilities of students; enhancing peer support; and making study expectations explicit. In this way, the curriculum can become a vehicle for ensuring successful transition to law study by diverse students. (shrink)

Legal practice is both a profession and, increasingly, a business. Lawyers are routinely confronted with a complex set of ethical questions due to the adversarial nature of legal practice and justice, and at the same time handle relationships with different stakeholders within their own practice, including clients, partners, and managers. This presents a unique set of challenges that are not experienced in other professions. This book provides a framework to guide the practicing lawyer through these various levels of ethical (...) complexity. Written in a highly accessible style, The Lawyer's Guide to Business Ethics transforms business ethics theory for the practice of law, identifying the unique applications and ways in which lawyers can utilize the theory and principles to enhance their decision making and case management techniques. The book examines the social, ethical, personal, and economic forces influencing lawyers' work, explains the rules of professional conduct, and presents real-life ethical dilemmas to enhance learning and to assist in finding appropriate outcomes. This book will be an invaluable resource for legal practitioners, law students and business students, and anyone interested in maintaining ethical behavior in the practice of law. (shrink)

Even if religiosity has long been introduced as the major cause for backwardness by anti-religion philosophers, the divine religion has been an important source of value for individuals and society, encouraging them to shape economic and sociocultural outcomes. In this manner, religiosity and religious capital (RC) are the stimuli for society-wide development. Against this background, religion can have positive implications for enriching individual and social economy. Assigning tasks, providing guidance on productivity and more effort, living a purposeful life, establishing (...) effective socio-economic institutions and assessing functional behaviours in organisational settings are accordingly among the ways in which RC induces economic behaviours. On the other hand, job engagement (JE) has been one of the relatively common concepts within the novel approaches to human resource management. Considering employment and the promotion of standard Islamic culture, how religion and JE are associated is thus of utmost importance. Hence, this study aimed to investigate the effect of RC on JE among 2500 Malaysian Muslim nurses working in Kuala Lumpur and Penang hospitals during the coronavirus disease 2019 (COVID-19) pandemic in 2021, as the statistical population selected via random sampling. A standardised questionnaire was also administered as the data collection tool, whose validity and reliability were confirmed. The SPSS and LISREL software packages were further utilised to analyse the data. The study results revealed that RC had a significant positive effect on nurses’ JE in the course of COVID-19 (p = 0.83, t = 11.94).Contribution: The research findings suggest that reinforcing RC in Islamic societies, such as Malaysia, even during the COVID-19 pandemic, affects nurses’ sense of hope, faith and beliefs regarding their capabilities to achieve career success. (shrink)

This book develops a comprehensive systematic economic theory, conceiving how the dynamic of market relations generates an economy dominated by the competitive process of individual profit-seeking enterprises. The author shows how, contrary to classical political economy and contemporary economics, the theory of capital is an a priori normative account properly belonging to ethics. Exposing and overcoming the limits of the economic conceptions of Hegel and Marx, Rethinking Capital determines how the system of capitals shapes economic freedom, jeopardizing the (...) very rights in whose exercise it consists. Winfield thereby provides the understanding required to guide the private and public interventions with which capitalism can be given a human face. (shrink)

This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.

Roles and values -- Institutions and organisations -- Regulation and discipline -- The relationship -- Conflicts of interest -- Confidentiality and privilege -- Thir parties (non-clients) -- Social responsibility -- Professional responsibility -- Litigation and advocacy -- Settlement -- Commercial practice.

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does (...) not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation. (shrink)

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and (...) how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law. (shrink)

After more than 40 years of development, China has established a relatively complete system of lawyers, including laws and regulations, a unified qualification examination, and lawyers associations. Today, there are nearly 600,000 lawyers working in various fields. However, the Communist regime in China has never adopted the so-called Western values of freedom and equality, the guarantee of human rights, and the rule of law, while the socialist ideology emphasizes the obedience of the individual to the collective and (...) to the power of the State, and thus the Communist Party has always emphasized management and control in its attitude toward lawyers. At the same time, because of its consistency with socialist ideology in many aspects, various concepts of traditional Chinese law have been preserved, which allowed a prejudice against lawyers based on traditional Chinese legal culture to persist to this day, to the extent that many Chinese people lack trust in lawyers. Chinese lawyers have no choice but to tactfully try to come to terms with the Communist Party and overcome traditional attitudes and unfavorable publicity against lawyers. (shrink)

Two essays, one by Althusser, the other by Balibar which were presented as papers at a seminar on Marx's "Capital" at the Ecole Normale Supérieure in 1965, and included al.

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration (...) narrow one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)