Abstract

http://ssrn.com/abstract=1336627
 


 



A Rejoinder to Professors Kaufman and Luban


Stephen Pepper


University of Denver College of Law

1987

American Bar Foundation Research Journal, No. 4, p. 657, 1986

Abstract:     
Professor Pepper responds to Professor Luban's and Professor Kaufman's critiques of his defense of the lawyer's traditional amoral ethical role. While agreeing with much of Professor Kaufman's observations ("A Commentary on Pepper's 'The Lawyer's Amoral Ethical Role'"), Professor Pepper suggests why a guiding theory (a model) and rules for lawyer's ethics may be preferable to generally unguided discretion. In regard to Professor Luban's "The Lysistratian Prerogative: A Response to Stephen Pepper," the rejoinder suggests that friends and spouses are the wrong analogy for the lawyer's relation to the client. Lawyers are more appropriately thought of as part of the formal regime enabling access to and use of the law. Friends and spouses are not. They are more appropriately thought of as part of the more important and probably more effective informal net of restraint and judgment surrounding each of us. For that reason lawyers ought not to deny access to lawful conduct and legal devices to their clients on the basis of their varied personal and possibly idiosyncratic moral bases. For spouses and friends to do so, however, is perfectly appropriate and often admirable and helpful. Professor Pepper goes on to argue that Professor Luban's construct of "low realism" essentially avoids the difficult issue of legal realism for lawyers elaborated in his article rather than addressing it.

Number of Pages in PDF File: 18

Accepted Paper Series


Download This Paper

Date posted: February 2, 2009  

Suggested Citation

Pepper, Stephen, A Rejoinder to Professors Kaufman and Luban (1987). American Bar Foundation Research Journal, No. 4, p. 657, 1986. Available at SSRN: http://ssrn.com/abstract=1336627

Contact Information

Stephen L. Pepper (Contact Author)
University of Denver College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
303-871-6259 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 244
Downloads: 24

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.343 seconds