Abstract

https://ssrn.com/abstract=2913108
 


 



Philosophical Legal Ethics: An Affectionate History


David J. Luban


Georgetown University Law Center

W. Bradley Wendel


Cornell University - School of Law

February 7, 2017

Georgetown Journal of Legal Ethics, Vol. 30, 2017

Abstract:     
The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, virtue ethics, or fiduciary theory.

Number of Pages in PDF File: 29

Keywords: Legal ethics, professional ethics, role morality, moral agency, liberalism, pluralism


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Date posted: February 8, 2017  

Suggested Citation

Luban, David J. and Wendel, W. Bradley, Philosophical Legal Ethics: An Affectionate History (February 7, 2017). Georgetown Journal of Legal Ethics, Vol. 30, 2017. Available at SSRN: https://ssrn.com/abstract=2913108

Contact Information

David J. Luban
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
W. Bradley Wendel (Contact Author)
Cornell University - School of Law ( email )
Myron Taylor Hall
Lewis Hall
Ithaca, NY 14853
United States

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