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A Modern Legal Ethics

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Table of Contents

Acknowledgments xi Introduction 1 Part I Adversary Advocacy Chapter 1: The Wellsprings of Legal Ethics 25 Chapter 2: The Lawyerly Vices 44 Chapter 3: The Seeds of a Lawyerly Virtue 79 Part II Integrity Chapter 4: Introducing Integrity 103 Chapter 5: An Impartialist Rejoinder? 118 Chapter 6: Integrity and the First Person 134 Part III Comedy or Tragedy? Chapter 7: Integration through Role 155 Chapter 8: Lawyerly Fidelity and Political Legitimacy 171 Chapter 9: Tragic Villains 212 Postscript 247 Notes 255 Index of Cases Cited 341 Index of Model Rules and Other Authorities 347 Index of Subjects 351

Promotional Information

This book addresses both lawyers interested in moral theory and philosophers interested in what lawyers do. The author pulls off the remarkable feat of making law accessible to nonlawyers and philosophy accessible to nonphilosophers--without dumbing down either discourse. Scrupulous and balanced, this book is a real and substantial contribution to the field. -- Brad Wendel, Cornell University A Modern Legal Ethics argues at a high level of philosophical sophistication and rigor, while at the same time being well-grounded in legal literature. This book may be the best philosophical defense there is of a distinctly lawyers' ethics. -- Frederick Schauer, Harvard University

About the Author

Daniel Markovits is the Guido Calabresi Professor of Law at Yale Law School.


"[An] ambitious, original, and theoretically elegant book."--David Luban, Ethics "A Modern Legal Ethics is an intellectual whirlwind, sweeping from Aristotle and Kant to contemporary debates about impartial moral theory to the details of the Model Rules... What is most engaging is the question that drives Markovits throughout: is it possible for an adversary advocate today to have integrity?"--Benjamin C. Zipursky, Yale Law Journal "Markovits has given us in A Modern Legal Ethics a profound, provocative, and closely argued philosophical treatment of his subject."--Robert E. Rodes, Jr., American Journal of Jurisprudence "In a refreshing break from the positivist battle over the moral function of lawyers in an adversary system of adjudication, A Modern Legal Ethics investigates whether it is even possible for lawyers to occupy an ethical role in modern society... This unique perspective on the legal profession is informed by a combination of legal literature and political philosophy that is sure to capture the attention of academics and practicing lawyers alike."--Harvard Law Review "What makes lawyers unhappy is books like this one."--Monroe H. Freedman and Abbe Smith, Michigan Law Review "Markovits' work is an intelligent and thorough investigation of the possibility for lawyers to escape the criticism that they are often serving injustice rather than justice."--Norbert Campagna, Ethical Perspectives "In this complex and thought-provoking work, Markovits makes an original and substantial contribution to the field of professional legal ethics."--Tim Murphy, International Journal of Law in Context

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