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"Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously."--Bloomsbury Publishing.
Law and ethics. --- Law --- Liability (Law) --- Responsibility. --- Moral and ethical aspects. --- Legal ethics.
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It is a sine qua non of legal practice that lawyers should not allow themselves to act for two clients whose interests may,potentially, conflict. However, this principle is being placed under increasing pressure, the main reasons for this being increased demand for specialist legal services, the globalisation of commerce, a dramatic growth in the size of leading law firms, and significantly greater mobility within the legal profession. As a result, there is a growing trend, especially within the commercial legal environment, for solicitors to face conflicts of interest which have no easy solution. Increasingly, conflicts are being 'managed', rather than avoided altogether. This is a field within which the Law Society's own rules are flouted on a daily basis, and in which these rules appear increasingly at odds with the common law. Based on extensive interviews with lawyers and their clients, this book provides the first thorough consideration of how conflicts of interest are handled within law firms. It will be essential reading to all those who have an interest in professional legal ethics, including law students, legal scholars, practitioners, and regulators
Legal ethics --- Conflict of interests --- Practice of law --- Moral and ethical aspects.
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Legal ethics --- Avocats --- Déontologie --- Legal ethics. --- 347.965.3 --- Plichten van de advocaat --- 347.965.3 Plichten van de advocaat --- Déontologie --- Ethics, Legal --- Lawyers --- Professional ethics --- Prosecutorial misconduct
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Lawyers --- Legal ethics --- Practice of law --- Bar associations --- Avocats --- Droit --- Barreaux (Avocats) --- Déontologie --- Pratique --- Déontologie --- Ethics, Legal --- Professional ethics --- Prosecutorial misconduct
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Fair trial --- -Judicial ethics --- -Judicial process --- -Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Ethics, Judicial --- Legal ethics --- Right to a fair trial --- Trial, Fair --- Due process of law --- Psychological aspects --- Interpretation and construction --- Professional ethics --- Judicial ethics --- Judicial process --- -Fair trial
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Dit boek over het statuut en de deontologie van de advocaat omschrijft alle aspecten van het beroep. Het stelt klare principes en vult ze aan met de meest recente rechtspraak, zoals die zich in de laatste tien jaar ontwikkelde. Geen enkel probleem wordt uit de weg gegaan, ook niet dat van de aansprakelijkheid, zoals die ontstaat bij het nieuwe management dat bij de balie zijn intrede deed; en dat van de uitdagingen die de publiciteit kan bieden. Oude en overtollige rechtspraak is geweerd. Nieuwe structuren van na het debacle van de Nationale Orde zijn erin uitgewerkt.
Law of civil procedure --- Professional ethics. Deontology --- Belgium --- Balie --- Barreau (justice) --- Deontologie --- Déontologie --- Legal ethics --- Avocats --- Lawyers --- Practice of law --- 347.965 --- 347.965 <493> --- BE / Belgium - België - Belgique --- 173 --- 347.96 --- V11 - Droit judiciaire privé - Gerechtelijk privaatrecht --- Advocaten --- Ethiek van de verschillende beroepen. Plichtenleer. Deontologie. --- Rechterlijke ambtenaren. Notarissen. Rechters. Parket. Uitvoerders. Advocaten. --- 347.965 Advocaten --- Déontologie --- Law --- Law practice --- Advocates --- Attorneys --- Bar --- Barristers --- Jurists --- Legal profession --- Solicitors --- Representation in administrative proceedings --- Ethiek van de verschillende beroepen. Plichtenleer. Deontologie --- Rechterlijke ambtenaren. Notarissen. Rechters. Parket. Uitvoerders. Advocaten --- Practice --- Legal status, laws, etc. --- Persons --- Lawyers - Belgium. --- Practice of law - Belgium. --- Deontologie de l'avocat
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