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The Library of Essays on Legal Ethics and the Enforcement of Law

Lawyers' Ethics

Lawyers’ EthicsEdited by Monroe H. Freedman, Abbe Smith and Alice WoolleyContentsAcknowledgementsIntroductionPart 1: Foundations<ol> <li>Richard Wasserstrom, Lawyers as Professionals: Some Moral Issues, Human Rights 5, 1, 1975, 1-24.</li> <li>Charles P. Curtis, The Ethics of Advocacy, Stanford Law Review 4, 3, 1951, 3-23.</li> Part 2: The Lawyer’s Role as Advocate and Advisor: Defences and Challenges <li>Charles Fried, The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relation, Yale Law Journal 85, 8, 1976, 1060 – 1089.</li> <li>Tim Dare, Mere-Zeal, Hyper-Zeal and the Ethical Obligations of Lawyers, Legal Ethics 7, 1, 2004, 24-38. </li> <li>W. Bradley Wendel, Civil Obedience, Columbia Law Review 104, 2004, 363-425 </li> <li>William H. Simon, Ethical Discretion in Lawyering, Harvard Law Review 101, 6, 1988, 1083-1145.</li> <li>Monroe H. Freedman, Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, Michigan Law Review 64, 1966, 1469-1484</li> Part 3: Lawyers and Clients <li>Thomas L. Shaffer, Legal Ethics and the Good Client, Catholic University Law Review 36, 1987, 319-330.</li> <li>Katherine R. Kruse, Beyond Cardboard Clients in Legal Ethics, Georgetown Journal of Legal Ethics 23, 2010, 103-154. </li> <li>Barbara Allen Babcock, Defending the Guilty, Cleveland State Law Review 32, 1983, 175-187.</li> <li>Allan C. Hutchinson, Taking It Personally: Legal Ethics and Client Selection, Legal Ethics 1, 2, 1998, 168-183.</li> Part 4: Moral Dilemmas in Legal Practice <li>Monroe H. Freedman, Must You Be the Devil’s Advocate?, Legal Times, August 23, 1993.</li> <li>Michael Tigar, Setting the Record Straight on the Defense of John Demjanjuk, Legal Times, September 6, 1993.</li> <li>Stephen Gillers, Can a Good Lawyer be a Bad Person?, Journal of the Institute for the Study of Legal Ethics 2, 1999.</li> <li>Deborah Rhode, Terrorists and Their Lawyers, NY Times, April 16, 2002, at A31.</li> <li>Abbe Smith, What Motivates a Lawyer to Defend a Tsarnaev, a Castro or a Zimmerman?, Washington Post, July 25, 2013.</li> Part 5: Legal Ethics in the Criminal Trial <li>David B. Wilkins Race, Ethics, and the Frist Amendment: Should a Black Lawyer Represent the Ku Klux Klan, George Washington Law Review 63, 6, 1995, 1030-1070.</li> <li>Paul Butler, How Can You Prosecute Those People?, in How Can You Represent These People, Abbe Smith and Monroe H. Freedman (eds), (New York: Palgrave Macmillan, 2013), pp. 15-27.</li> <li>Abbe Smith, On Representing a Victim of Crime, in Law Stories¸Gary Bellow and Martha Minow (eds), (Michigan: University of Michigan Press, 1998), pp. 149-167.</li> Part 6: Being a Lawyer <li>David Luban, A Different Nightmare and a Different Dream, in Legal Ethics and Human Dignity (Cambridge: Cambridge University Press, 2007), pp. 131-161.</li> <li>Alice Woolley and W. Bradley Wendel, Legal Ethics and Moral Character, Georgetown Journal of Legal Ethics 23, 2010, 1065-1100.</li> <li>Alice Woolley, Context, Meaning and Morality in the Life of the Lawyer, Legal Ethics 17, 1, 2014, 1-22.</li> </ol>Index

A Visual Guide to the Law, Second Edition

The Anatomy of Criminal Procedure

Sexual Offences in Ireland: Practice and Procedure

This book re-examines the origins and development of the laws of war and human rights law and exposes an overlooked provision of the European Convention on Human Rights which permits the use of lethal force where absolutely necessary to quell an insurrection. When civilian casualties occur in internal armed conflicts, questions are asked about how civilians can be better protected against the use of force by armed insurgents and state security forces. The laws of war include protection against the targeting of civilians but permit the use of force based on 'military necessity' and allow 'proportionate' civilian casualties. Where those laws do not apply, the use of force is generally seen as being limited to self-defence. This creates paradigms of armed conflict and law-enforcement with very different rules. The paradigms are then treated by governments and other actors as being separate and divided by a threshold of violence, when, in practice, they overlap, both in the conduct of military operations and, this book argues, as a matter of law. Revisiting the law provides the opportunity to reassess the benefits and risks of the existing paradigms and consider how applying the provision permitting the use of lethal force in quelling an insurrection would affect them. The book concludes that it offers a middle way based on the existing law, but it requires wider recognition and development in order to achieve a more appropriate balance between human rights and collective security.

Lethal Force, Human Rights and the Laws of War

Quelling Insurrection

The field of crime prevention is a mainstay in criminology and criminal justice. This book offers a comprehensive introduction to the field, examining its theoretical development, methods of prevention and the way in which these methods are tested and evaluated. Core coverage includes:<ul> <li>A modern history of crime prevention, drawing on the theoretical work of Jane Jacobs, C. Ray Jeffrey, Oscar Newman, Gary Becker and Marcus Felson,</li> <li>Developmental crime prevention,</li> <li>Crime prevention through environmental Design,</li> <li>Situational crime prevention,</li> <li>The relationship between crime prevention and policing,</li> <li>Crime reduction strategy and evidence-based policy.</li> </ul>Combining theory with a wealth of real-world examples and case studies and written by an expert in the field, this book is essential reading for courses on crime prevention, crime analysis, environmental criminology and community safety.

Theory, Methods and Evaluation

Crime Prevention

This book explores the fascinating backstories and unexpected sequels of bigamous marriages from the 17th century to the present day. A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her lifesavings; he has already done the same to many other women. How was he brought to justice? These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604-2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take - accidental, consensual, deceptive or exploitative - and how bigamists' stories in turn helped to shape the law. Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

What justice requires when people change but their sentences stay the same. America loves a second chance story. Yet people convicted of serious crimes are seldom given one. Years after taking responsibility and working to repair harm, many remain behind bars under sentences that offer no meaningful opportunity to demonstrate rehabilitation. Bending the Bars confronts this profound double standard at the heart of American punishment. Grounding law and policy in the lived experiences of people directly affected by extreme sentences, Jessica S. Henry shows why accountability and public safety do not require endless punishment. She argues for a new framework that combines second chance mechanisms--including second look laws and stronger reentry support--and that recognizes the human capacity for change. Urgent and clear-eyed, this book challenges us to rethink who deserves a second chance, who gets to decide, and what justice demands beyond defining a person by the worst thing they have ever done.

The Case for Second Chances in American Justice

Bending the Bars

The book examines the practice of judicial reasoning in Tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness, and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of Tort law as case studies. This enables the author to present a range of methods of establishing facts, drawing inferences, using legal sources and relying on policy arguments. By closely examining selected Tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability. It offers a reflection on different approaches legal systems may adopt to the importance in the process of judicial justification of such issues as certainty and truth, common sense, consistency with previous judicial decisions and policy.
The book connects the choice of approaches in judicial reasoning in Tort law with its procedural and institutional context.

English and French Traditions Compared

Judicial Reasoning in Tort Law

Key Ideas in Law

This book explores the law, philosophy, and wider implications of that brief but highly consequential moment when a judge imposes sentence on a convicted offender. Sentencing is one of the most contested aspects of contemporary criminal justice. It is an important field of study, both as an instance of coercive state power over the citizen and as the point at which the statutory purposes of punishment are given public expression. Focusing on England and Wales, with occasional comparative reference to sentencing practice around the world, topics include the legal and ethical implications of pleading guilty, the origin and development of sentencing guidelines, and the 'ordinary' language in which the sentence itself must be pronounced in open court. Tensions arise over the appropriate treatment of cohorts including the young, racialised, mentally disordered, and dangerous, and the disparate outcomes such treatment can generate. At a time of unprecedented crisis - from the phenomenon of 'sentence inflation' 50 years in the making, to the criminal court backlog, to an overcrowded prison estate - the book concludes with an appraisal and critique of the Sentencing Act 2026. The Act was pitched as a once-in-a-generation attempt at substantive justice reform, but its precise impact remains to be seen. Key Features · Offers an original account of a field in transition, equipping readers with a rich and robust evidence base · Reconciles classical theories of punishment with modern case law and sentencing practice · Comparative insights provide perspective and distance, enabling readers to form their own views on a complex field

Key Ideas in Sentencing

The Frankfurt School in New Times

Longstanding debates about neoliberalism in the United States center around whether it has created a culture of entrepreneurial selfhood or a carceral state. Credit, Cops, and Cages presents a novel theory and relevant empirical evidence arguing that capitalist individualism combines both of these tendencies. The book's interdisciplinary authors first derive a critical framework and set of social-psychological hypotheses from the long-neglected criminological writings of the early Frankfurt School. They then test and explore these hypotheses with new data and analyses in a series of chapters that guide the reader down the ladder of capitalist individualism. In the process, the authors synthesize and critically examine scholarship of Constitutional law; big data on indebtedness, segregation, and police militarization; psychological surveys capturing and comparing attitudes and emotions around debt and policing; and the intimate testimony of those who are deeply in debt or are currently incarcerated. Unique in its combination of philosophy and social scientific research, this book restores the relevance of the Frankfurt School's ideas and methods to a comprehensive understanding of contemporary U.S. society.

A Theory of Capitalist Individualism

Credit, Cops, and Cages

This is the essential practitioner's guide to animal welfare and animal protection law in the Crown Court and magistrates' courts of England. Animal law is a roughly stitched patchwork of domestic acts, regulations, orders and statutory codes, interlaced with international treaties, regulations and directives. The resultant body of law is immense: with acts still in force today dating back to the 1800s and dozens of enabling clauses permitting the tapestry constantly to evolve. Sometimes prosecutors use the law to protect animals, for instance by prosecuting those thought to have abused them. Other times defence advocates are those protecting animals, for instance by defending allegedly dangerous dogs from destruction. This guide sets out the law and provides practical advice for those on either side of the courtroom. The guide's primary focus is on criminal cases that concern kept animals, farmed animals, animals in science, wild animals, dangerous dogs and animal protection activists. It also features chapters on related civil orders in the magistrates' courts, as well as a practical chapter on funding in animal-related cases. This is the only guide of its kind, written as a handbook for frontline practitioners in England's criminal courts. It draws on decades of experience and is written by two experts, in consultation with an array of specialists in each practice area. This makes it a must-have book for anyone practising or wishing to practise animal welfare or animal protection law.

Animal Welfare and Animal Protection Law - A Practitioner’s Guide

This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives. These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions. This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication. Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.

Comparative Perspectives on Addiction and Intoxication

Criminal Law and Prior Fault

This book provides a thorough and extensive review of the field that is now commonly referred to as `geographical profiling¿, throwing light on the psychology of criminality, police investigation and the management of crime.

Theory and Practice

Geographical Offender Profiling

Lawyers' Ethics

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