What Makes a Good Lawyer? Was Magnaud Indeed Such a Good Judge?
Zeitschrift für öffentliches Recht (Austrian: Journal of Public Law), Vol. 2, pp. 275-287, 2007
10 Pages Posted: 29 Aug 2011 Last revised: 25 Nov 2012
Date Written: August 28, 2009
The author analyses the style of thinking of a “good” lawyer, meaning by “good” desirable professional skills and not moral goodness. He argues that a good lawyer is narrow minded in the sense that he or she uses only legal arguments and translates all other types of arguments (e.g. moral or economic ones) into legal ones. Another feature is a pragmatic procedural approach concentrating on enforcement, rather than merely on the substantive legal issues. And finally, the most important characteristic of a good lawyer is two-tier thinking. This means that he or she has to comply both with an internal (typically lawyerly) criterion of argumentation and an external criterion of assessment.
Keywords: jurisprudence, legal method, legal reasoning, Begriffsjurisprudenz, conceptual system of law (Rechtsdogmatik), law and morality
JEL Classification: K10
Suggested Citation: Suggested Citation