On being a Christian and a lawyer : law for the innocent 🔍
Shaffer, Thomas L., 1934- Brigham Young University, Center for the Preservation of Ancient Religious Texts, 1st, First Edition, PT, 1981
English [en] · PDF · 15.9MB · 1981 · 📗 Book (unknown) · 🚀/ia · Save
description
288 pages Brigham Young University Press (December 1981) English 0842518339 978-0842518338 Product 9.3 x 6.3 x 1.3 inches
Alternative author
Thomas L. Shaffer
Alternative publisher
Provo, Utah: Brigham Young University Press
Alternative publisher
Academic Publishing
Alternative edition
United States, United States of America
Alternative edition
Provo, Utah, Utah, 1981
metadata comments
Bibliography: p. 251-262.
Includes index.
Alternative description
A discussion on the tradition of American legal positivism--the theory that ""it is necessary, in working with law, to set morals aside."" Notre Dame law professor Shaffer argues that modern-day attorney-client relationships are characterized either by the ""ethics of role"" (the lawyer does what the client wants, or tells the client what to do) or by the ""ethics of isolation"" (moral statements, but no dialogue). It is a delusion, Shaffer suggests, to pretend that conscience has nothing to do with serving a client or that lawyer and client do not influence each other. In place of ""adversary ethics,"" Shaffer urges the profession to adopt an ""ethics of care"": a professional relation marked by openness in moral dialogue, in which the lawyer's calling becomes a form of ministry. Telling the client, ""it's up to you,"" after a full exchange of views, is not the same as saying ""whatever you want.""For Shaffer, the American legal system's avoidance of moral ""witnessing"" is nurtured by the legal education; the (often unstated) choice is not against morals, but ""against morals as having intellectual importance."" Law-school instruction either flatly avoids moral questions or, by failing to explore students' stated moral positions, suggests that there is no discipline in moral discourse. Law school is where things have to begin changing: there, ""we can still try to tell the truth to one another."" In elaborating his ethical view, Shaffer segues neatly from Barth to Buber to Trollope's Orley Farm to American legal history to the lives of Thomas More and Franz Jagerstatter. This is an unremittingly ""learned"" book--tough sledding for the intellectually unprepared--but intelligent, well-argued, and bound to become controversial among law-and-ethics scholars
Alternative description
Thomas L. Shaffer. Includes Index. Bibliography: P. 251-262.
Alternative description
x, 271 pages ; 24 cm
Includes index
Bibliography: p. 251-262
date open sourced
2024-07-01
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