The Legal Enforcement of Integrity

Christian B. Miller and Ryan West (eds.), Integrity, Honesty, and Truth-Seeking, Forthcoming

17 Pages Posted: 12 Oct 2017  

Stuart P. Green

Rutgers, The State University of New Jersey - Rutgers Law School

Date Written: October 11, 2017

Abstract

Talk of “integrity” is ubiquitous in law and legal discourse: Protecting the integrity of our political system has been cited as a basis for anti-corruption laws; preserving the integrity of the legal profession as a principle underlying the rules of lawyer ethics; ensuring integrity in policing and in the wider criminal justice system as a justification for excluding evidence obtained in violation of the Constitution; and protecting bodily integrity as a potential goal for the law of rape and sexual assault. This chapter examines what integrity means in each of these contexts, what these uses have in common, and whether thinking about these various rules and doctrines in terms of integrity rather than other moral concepts leads to any practical difference in outcome; and it asks what the examination of integrity in the law can tell us about the concept of integrity in other contexts.

Keywords: integrity, autonomy, corruption, legal ethics, exclusionary rule, rape and sexual assault, virtue ethics, utilitarianism

JEL Classification: K14, K42

Suggested Citation

Green, Stuart P., The Legal Enforcement of Integrity (October 11, 2017). Christian B. Miller and Ryan West (eds.), Integrity, Honesty, and Truth-Seeking, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3051335 or http://dx.doi.org/10.2139/ssrn.3051335

Stuart P. Green (Contact Author)

Rutgers, The State University of New Jersey - Rutgers Law School ( email )

NJ
United States
973-353-3006 (Phone)

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