W. Bradley Wendel

Canceling Lawyers (eBook, ePUB)

Case Studies of Accountability, Toleration, and Regret

• Format: ePub

Produktbeschreibung

Lawyers who are criticized for representing unpopular clients - in today's political climate these may include firearms manufacturers, fossil fuel companies, and powerful men accused of sexual misconduct - explain that the long tradition of representing everyone is an essential ingredient in the defense of the rule of law. They may see contemporary episodes of criticism as the threat of mob rule. Like much of the controversy nowadays over "cancel culture," the two sides seem to be talking past each other. This book explains that both sides are onto something. The rule of law is a valuable political ideal but lawyers are people too, and others care about the attitudes and motivations that underlie the representation of controversial clients.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 20. Februar 2024
• Englisch
• ISBN-13: 9780197673447
• Artikelnr.: 72257189

Autorenporträt

W. Bradley Wendel is a legal ethics scholar, trained as both a lawyer and a philosopher. He has a B.A. from Rice University, a J.D. from Duke Law School, and an LL.M. and J.S.D. from Columbia Law School, in legal philosophy. Before entering academia Dr. Wendel clerked for Judge Andrew J. Kleinfeld on the U.S. Court of Appeals for the Ninth Circuit in Fairbanks, Alaska, and practiced as a products liability litigator in Seattle. He started his academic career at Washington and Lee Law School and moved to Cornell Law School in 2014.

Inhaltsangabe

Preface
1. Swiss Banks and Nazi Gold
Crisis at Cravath
Against nonaccountability
The justification of John Adams
The Freedman-Tigar debate
"Ethics rules" and client choice . for American lawyers
Contested meanings
2. Morality and Relationships: Accountability and Reactive Attitudes
Morality beyond duties and rights
Reactive attitudes
Reactive attitudes and reasonable expectations
Reactive attitudes and the scope of the moral community
3. Harvey Weinstein, Ronald Sullivan, and Harvard University
Joining Weinstein's dream team
Answering "the Question"
Making clients radioactive
4. Blame, the Meaning of Actions, and the Ethics of Blame
Blameworthiness vs. wrongness
What do you mean by that?
The ethics of blaming
How wide is the circle of blame?
What standards apply to determine blameworthiness and appropriate blaming responses?
Toleration
Don't feed the trolls
5. Boycotts of Law Firms and the Ethics of Informal Social Sanctions
The "obsequious servants of business"?
Down with Big Oil
Reasonable disagreement and the role of the legal system
Formal and informal power
6. The Challenge of Role Morality
The persistence of the personal
Three mistakes about professional roles
Mistake #1: Too much weight on the duties of the role
Mistake #2: Too little appreciation for the significance of the role
Mistake #3: Excluding personal identity altogether
Roles and professional ethics
Are roles exclusionary or just very weighty?
7. McCarthyism or Legitimate Criticism? Canceling Government Lawyers
From the Trump administration back to polite society?
Blame and the Big Lie
Whose side are you on? The "Department of Jihad"
Fidelity to law and abusive legal advice
8. Regret and Moral Costs
Excruciating cases
How moral remainders arise (and what to do with them)
Conclusions