Lawyers take pride in a professional tradition of representing
unpopular clients, understanding it as a contribution to the rule of
law and the practice of toleration in a polarized society. This does
not mean that lawyers are fully insulated from criticism for the
clients they represent. The seemingly intractable debate over
accountability for representing nasty clients is in part the result of
a deep, structural tension between the institutions and procedures of
the legal system, and the underlying issues and controversies about
which people disagree. We also care about the attitudes and motives of
lawyers, which play an important role in evaluating the actions of
others. Much of the frustration experienced by lawyers who are
criticized for representing unpopular clients arises from what lawyers
see as the public's inability to understand the rule of law and the
function of the legal system in resolving conflicts over rights and
justice. Using a series of case studies, this book explores the
possibility that both lawyers and their critics are right. There is
genuine value in a system of formal law that aims at settling social
disagreement, but that is not the whole story. Public criticism of
lawyers may reflect the sense that the legal system has fallen short
of ideals of fairness and inclusiveness. Many of the lawyer shaming or
?canceling? episodes discussed in this book arise out of the
representation of clients in matters involving issues where it appears
that the official process of establishing and interpreting formal law
has been captured by powerful interests. Accepting a certain amount of
public criticism is necessary to avoid a dangerous isolation of the
legal profession from accountability to the broader political
community, or from the humanity of lawyers being submerged by their
professional role.
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Case Studies of Accountability, Toleration, and Regret
Produktdetaljer
ISBN
9780197673447
Publisert
2024
Utgave
1. utgave
Utgiver
Oxford University Press Academic US
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter