Law, Lawyers and Justice

Law, Lawyers and Justice
Title Law, Lawyers and Justice PDF eBook
Author Kim D Weinert
Publisher Routledge
Pages 321
Release 2020-04-01
Genre Law
ISBN 1000048039

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This book engages with the place of law and legality within Australia’s distinctive contribution to global televisual culture. Australian popular culture has created a lasting legacy – for good or bad – of representations of law, lawyers and justice ‘down under’. Within films and television of striking landscapes, peopled with heroes, antiheroes, survivors and jokers, there is a fixation on law, conflicts between legal orders, brutal violence and survival. Deeply compromised by the ongoing violence against the lives and laws of First Nation Australians, Australian film and television has sharply illuminated what it means to live with a ‘rule of law’ that rules with a legacy, and a reality, of deep injustice. This book is the first to bring together scholars to reflect on, and critically engage with, the representations and global implications of law, lawyers and justice captured through the lenses of Australian film, television and social media. Exploring how distinctively Australian lenses capture uniquely Australian images and narratives, the book nevertheless engages these in order to provide broader insights into the contemporary translations and transmogrifications of law and justice.

Lawyers and Justice

Lawyers and Justice
Title Lawyers and Justice PDF eBook
Author David Luban
Publisher Princeton University Press
Pages 471
Release 2018-06-05
Genre Philosophy
ISBN 069118755X

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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.

Rebooting Justice

Rebooting Justice
Title Rebooting Justice PDF eBook
Author Benjamin H. Barton
Publisher Encounter Books
Pages 198
Release 2017-08-01
Genre Law
ISBN 1594039348

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America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Pillars of Justice

Pillars of Justice
Title Pillars of Justice PDF eBook
Author Owen Fiss
Publisher Harvard University Press
Pages 221
Release 2017-05-08
Genre Biography & Autobiography
ISBN 0674971868

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The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.

THE PRACTICE OF JUSTICE

THE PRACTICE OF JUSTICE
Title THE PRACTICE OF JUSTICE PDF eBook
Author William H. Simon
Publisher Harvard University Press
Pages 265
Release 2000
Genre Law
ISBN 9780674002753

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William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.

Lawyers' Ethics and the Pursuit of Social Justice

Lawyers' Ethics and the Pursuit of Social Justice
Title Lawyers' Ethics and the Pursuit of Social Justice PDF eBook
Author Susan D. Carle
Publisher NYU Press
Pages 442
Release 2005-08-22
Genre Law
ISBN 0814716393

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Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.

Equal Justice

Equal Justice
Title Equal Justice PDF eBook
Author Frederick Wilmot-Smith
Publisher Harvard University Press
Pages 273
Release 2019-10-08
Genre Law
ISBN 0674243730

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A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.