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CAUSE AND CONSEQUENCE: CONFRONTING ETHICAL
CHALLENGES IN MODELS OF MORALLY INFORMED LEGAL PRACTICE
by
David Ward German
__________________________________________________________________
A Dissertation Presented to the
FACULTY OF THE GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
DOCTOR OF PHILOSOPHY
(PHILOSOPHY)
August 2009
Copyright 2009 David Ward German
Object Description
| Title | Cause and consequence: confronting ethical challenges in models of morally informed legal practice |
| Author | German, David Ward |
| Author email | David.W.German@gmail.com; dgerman@usc.edu |
| Degree | Doctor of Philosophy |
| Document type | Dissertation |
| Degree program | Philosophy |
| School | College of Letters, Arts and Sciences |
| Date defended/completed | 2009-04-29 |
| Date submitted | 2009 |
| Restricted until | Restricted until 29 Jul. 2011. |
| Date published | 2011-07-29 |
| Advisor (committee chair) | Willard, Dallas |
| Advisor (committee member) |
Yaffe, Gideon Stolzenberg, Nomi |
| Abstract | Many attorneys reject the largely instrumental role that has come to define contemporary legal professionalism. Instead they seek to structure a professional practice that allows them to effectuate their social ideals through their work. This study critically examines various theoretical models created to structure such morally informed legal practice. The author finds that the most popular of these models contain flaws that create insurmountable ethical dilemmas for the attorney working within them. He then argues for the position that morally informed legal practice is possible within the current framework of professional ethics only if the focus of such practices becomes the moment of engagement in a matter. Such a change shifts the morally significant decision for an attorney to a more clearly delineated and temporally prior moment than that which is currently the focus of ethical debate and regulation. The endorsement of and identification with the ends of representation can effectively transform the purely instrumental nature of current professional practice, thereby having significant ramifications for internal professional norms. Moreover, such a change is capable of occasioning dramatic changes in the satisfaction and sustainability of the work lives of many legal professionals. |
| Keyword | cause lawyering; legal ethics |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Provenance | Electronically uploaded by the author |
| Type | texts |
| Legacy record ID | usctheses-m2415 |
| Rights | German, David Ward |
| Repository name | Libraries, University of Southern California |
| Repository address | Los Angeles, California |
| Repository email | http://www.usc.edu/isd/libraries/services/ask_a_librarian/email/ |
| Filename | etd-German-2915 |
| Archival file | uscthesesreloadpub_Volume23/etd-German-2915.pdf |
Description
| Title | Page 1 |
| Full text | CAUSE AND CONSEQUENCE: CONFRONTING ETHICAL CHALLENGES IN MODELS OF MORALLY INFORMED LEGAL PRACTICE by David Ward German __________________________________________________________________ A Dissertation Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (PHILOSOPHY) August 2009 Copyright 2009 David Ward German |
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