Law, Lawyers and Justice

Law, Lawyers and Justice PDF Author: Kim D Weinert
Publisher: Routledge
ISBN: 1000048039
Category : Law
Languages : en
Pages : 321

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Book Description
This book engages with the place of law and legality within Australia’s distinctive contribution to global televisual culture. Australian popular culture has created a lasting legacy – for good or bad – of representations of law, lawyers and justice ‘down under’. Within films and television of striking landscapes, peopled with heroes, antiheroes, survivors and jokers, there is a fixation on law, conflicts between legal orders, brutal violence and survival. Deeply compromised by the ongoing violence against the lives and laws of First Nation Australians, Australian film and television has sharply illuminated what it means to live with a ‘rule of law’ that rules with a legacy, and a reality, of deep injustice. This book is the first to bring together scholars to reflect on, and critically engage with, the representations and global implications of law, lawyers and justice captured through the lenses of Australian film, television and social media. Exploring how distinctively Australian lenses capture uniquely Australian images and narratives, the book nevertheless engages these in order to provide broader insights into the contemporary translations and transmogrifications of law and justice.

Law, Lawyers and Justice

Law, Lawyers and Justice PDF Author: Kim D Weinert
Publisher: Routledge
ISBN: 1000048039
Category : Law
Languages : en
Pages : 321

Get Book Here

Book Description
This book engages with the place of law and legality within Australia’s distinctive contribution to global televisual culture. Australian popular culture has created a lasting legacy – for good or bad – of representations of law, lawyers and justice ‘down under’. Within films and television of striking landscapes, peopled with heroes, antiheroes, survivors and jokers, there is a fixation on law, conflicts between legal orders, brutal violence and survival. Deeply compromised by the ongoing violence against the lives and laws of First Nation Australians, Australian film and television has sharply illuminated what it means to live with a ‘rule of law’ that rules with a legacy, and a reality, of deep injustice. This book is the first to bring together scholars to reflect on, and critically engage with, the representations and global implications of law, lawyers and justice captured through the lenses of Australian film, television and social media. Exploring how distinctively Australian lenses capture uniquely Australian images and narratives, the book nevertheless engages these in order to provide broader insights into the contemporary translations and transmogrifications of law and justice.

Lawyers and Justice

Lawyers and Justice PDF Author: David Luban
Publisher: Princeton University Press
ISBN: 069118755X
Category : Philosophy
Languages : en
Pages : 471

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Book Description
The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.

The Practice of Justice

The Practice of Justice PDF Author: William H. Simon
Publisher: Harvard University Press
ISBN: 0674043669
Category : Law
Languages : en
Pages : 264

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Book Description
Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.

Rebooting Justice

Rebooting Justice PDF Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 1594039348
Category : Law
Languages : en
Pages : 198

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Book Description
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

No Contest

No Contest PDF Author: Ralph Nader
Publisher: Random House
ISBN: 0375752587
Category : Law
Languages : en
Pages : 461

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Book Description
The legal rights of Americans are threatened as never before. In No Contest, Ralph Nader and Wesley J. Smith reveal how power lawyers--Kenneth Starr perhaps the most notorious among them--misuse and manipulate the law at the expense of fairness and equity. Nader and Smith document how corporate lawyers File baseless lawsuits Use court secrecy to their unfair advantage Engage in billing fraud Nader and Smith sound the warning that this system-wide abuse is eroding our basic legal rights, and propose a positive, commonsense vision of what should be done to reverse the corporate-inspired corruption of civil justice. Timely, incisive, and highly readable, this is a book for all citizens who believe that prompt access to justice is the backbone of democracy, and a precious right to be reclaimed.

Unequal Justice

Unequal Justice PDF Author: Jerold S. Auerbach
Publisher: Oxford University Press
ISBN: 0199728925
Category : Law
Languages : en
Pages : 412

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Book Description
Auerbach here focuses on the elite nature of the profession, examining its emphasis on serving business interests and its attempts to exclude participation by minorities.

Lawyers' Ethics and the Pursuit of Social Justice

Lawyers' Ethics and the Pursuit of Social Justice PDF Author: Susan D. Carle
Publisher: NYU Press
ISBN: 0814716407
Category : Law
Languages : en
Pages : 441

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Book Description
Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.

Law Without Lawyers, Justice Without Courts

Law Without Lawyers, Justice Without Courts PDF Author: Bee Chen Goh
Publisher: Routledge
ISBN: 1351922661
Category : Law
Languages : en
Pages : 218

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Book Description
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.

Free Justice

Free Justice PDF Author: Sara Mayeux
Publisher: UNC Press Books
ISBN: 1469656035
Category : Law
Languages : en
Pages : 287

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Book Description
Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.

Equal Justice

Equal Justice PDF Author: Frederick Wilmot-Smith
Publisher: Harvard University Press
ISBN: 0674243730
Category : Law
Languages : en
Pages : 273

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Book Description
A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.