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Conceptual JurisprudenceThe Concept of Law in Legal Ethics: Towards a New Perspective

Conceptual Jurisprudence: The Concept of Law in Legal Ethics: Towards a New Perspective [This chapter explores the emerging jurisprudential theories in lawyering, with the intention to point out how the conceptualization of the lawyers’ role and the nature of their professional commitments are both a function of the concept of law we endorse, with special regard to what is called “positivist turn” in legal ethics. Positivist legal ethicists fashion their legal ethics account in a jurisprudence broadly influenced by H.L.A. Hart and Joseph Raz and the concept of legal positivism, also basing the lawyers’ role and professional commitments in the normative structure of legality. The paper critically focuses on such emerging authoritarian theory in legal ethics trying to suggest a new workable alternative, which conceives lawyers as “legal abuse filters.” Given that rules do not provide about their own application, such consideration could provide room for a general practical discourse that regards the scope of advocacy and recognizes a proper role for legal ethics that would be independent from the respect of the settled law.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Conceptual JurisprudenceThe Concept of Law in Legal Ethics: Towards a New Perspective

Part of the Law and Philosophy Library Book Series (volume 137)
Editors: Fabra-Zamora, Jorge Luis; Villa Rosas, Gonzalo
Romeo, Andrea
Conceptual Jurisprudence — Sep 2, 2021
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References (33)

Publisher
Springer International Publishing
Copyright
© Springer Nature Switzerland AG 2021
ISBN
978-3-030-78802-5
Pages
175 –194
DOI
10.1007/978-3-030-78803-2_11
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter explores the emerging jurisprudential theories in lawyering, with the intention to point out how the conceptualization of the lawyers’ role and the nature of their professional commitments are both a function of the concept of law we endorse, with special regard to what is called “positivist turn” in legal ethics. Positivist legal ethicists fashion their legal ethics account in a jurisprudence broadly influenced by H.L.A. Hart and Joseph Raz and the concept of legal positivism, also basing the lawyers’ role and professional commitments in the normative structure of legality. The paper critically focuses on such emerging authoritarian theory in legal ethics trying to suggest a new workable alternative, which conceives lawyers as “legal abuse filters.” Given that rules do not provide about their own application, such consideration could provide room for a general practical discourse that regards the scope of advocacy and recognizes a proper role for legal ethics that would be independent from the respect of the settled law.]

Published: Sep 2, 2021

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