| dc.rights.license | In Copyright | en_US |
| dc.creator | Torbert, James Holland | |
| dc.date.accessioned | 2023-09-04T17:09:32Z | |
| dc.date.available | 2023-09-04T17:09:32Z | |
| dc.date.created | 2023 | |
| dc.identifier | WLURG038_Torbert_PHIL_2023 | |
| dc.description | Honors thesis; [FULL-TEXT WILL BE AVAILABLE FOLLOWING A 5-YEAR EMBARGO] | en_US |
| dc.description | James Holland Torbert is a member of the Class of 2023 of Washington and Lee University. | en_US |
| dc.description.abstract | In this essay, I will analyze various scholarly responses to a widely debated question within legal ethics: does the lawyer's role mint permissions to violate ordinary morality? I will begin with a brief introduction to ordinary morality. I will then propose the idea of role obligations and offer a few commonly accepted views of role obligations. In the next section, I will move into various responses to the overarching question of the thesis presented by legal ethicists William Simon, Bradley Wendel, Tim Dare, and Charles Fried. I will first offer Simon's conception of Substantivism and critique of Positivism. Next, I will offer Wendel's critique of 'the Substantive' and defense of 'Fidelity to Law.' I will then move to Dare's 'Standard Conception of Law' and Fried's 'Lawyer as Friend'. In the next section, I will offer two
commonly debated cases within legal ethics and apply the views I offer from Simon, Wendel, Dare, and Fried to each case. In the next section, I will raise the economic inequality objection to Dare, Wendel, and Fried offered by Sung Hui Kim. Finally, I will explain why this thesis is relevant to lawyering today and the importance of the economic inequality objection in reshaping discussions around ethical lawyering. [From introductory section] | en_US |
| dc.format.extent | 32 pages | en_US |
| dc.language.iso | en_US | en_US |
| dc.rights | This material is made available for use in research, teaching, and private study, pursuant to U.S. Copyright law. The user assumes full responsibility for any use of the materials, including but not limited to, infringement of copyright and publication rights of reproduced materials. Any materials used should be fully credited with the source. | en_US |
| dc.rights.uri | http://rightsstatements.org/vocab/InC/1.0/ | en_US |
| dc.subject.other | Washington and Lee University -- Honors in Philosophy | en_US |
| dc.title | Can an Effective Lawyer be a Morally Upstanding Person? An Examination of Legal Ethics (thesis) | en_US |
| dc.type | Text | en_US |
| dcterms.isPartOf | RG38 - Student Papers | en_US |
| dc.rights.holder | Torbert, James Holland | |
| dc.subject.fast | Legal ethics | en_US |
| dc.subject.fast | Conduct of life | en_US |
| local.embargo.terms | 5 years | en_US |
| local.department | Philosophy | en_US |
| local.scholarshiptype | Honors Thesis | en_US |
