A Modern Legal Ethics: Adversary Advocacy in a Democratic Age

By Daniel Markovits | Go to book overview

Chapter 6
INTEGRITY AND THE FIRST PERSON

LAWYERS’ PROFESSIONAL obligations to lie and to cheat threaten their integrity. Moreover, impartialist moral arguments such as the adversary system excuse—which justify the lawyerly vices only indirectly and as necessarily evils rather than directly refuting that adversary advocates display them—cannot relieve this threat. Indeed such arguments entrench the attack on lawyers’ integrity by increasing the pressure on lawyers to honor the professional obligations at its source. Accordingly, insofar as integrity is a substantial value, the ethical burdens associated with the lawyerly vices require independent attention, of a sort that the impartialist tradition in legal ethics cannot provide, before the legal profession may be rendered all-things-considered worthy of commitment.

This makes it natural for legal ethics to develop the unconventional themes toward which I have been gesturing and which I take up in earnest in Part III. The idea of integrity suggests that living an ethical life involves more than responding impartially to the claims of others, whether these arise in the third person (through the contributions they make to overall value) or in the second person (through the demands they make for individuated justification). Instead, persons also have a deep and distinctively ethical interest in living a life that can be seen, from the inside, as an appealing whole and, moreover, a whole that is authored by the person who lives it. Insofar as integrity is ethically important, therefore, a person who forms ambitions and plans—who undertakes to author her own moral life—thereby (in a way) creates ethical reasons for herself. As I have been saying, integrity, and the plans and ambitions through whose recognition and pursuit integrity arises, involve not third- or even second- but rather first-personal ethical ideals.*

*A more common usage, which refers to “agent-relative” and “agent-neutral” instead of to first-personal and impartial reasons, tends to obscure the important point that firstpersonal ideals have as much claim to be called ethical as impartial ideals, instead making it natural (although not required) to associate agent-relative with prudential reasons and to reserve ethics for agent-neutral reasons. This natural association diminishes agentrelative reasons and elevates agent-neutral reasons and therefore makes it difficult to credit that the former may sometimes outweigh the latter in all-things-considered practical deliberations. My slightly unusual usage is designed to counteract this tendency and to emphasize that first-personal ambitions may involve serving others and can be as ethical as

-134-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
A Modern Legal Ethics: Adversary Advocacy in a Democratic Age
Table of contents

Table of contents

  • Title Page iii
  • Contents ix
  • Acknowledgments xi
  • Introduction 1
  • Part I Adversary Advocacy 23
  • Chapter 1- The Wellsprings of Legal Ethics 25
  • Chapter 2- The Lawyerly Vices 44
  • Chapter 3- The Seeds of a Lawyerly Virtue 79
  • Part II Integrity 101
  • Chapter 4- Introducing Integrity 103
  • Chapter 5- An Impartialist Rejoinder? 118
  • Chapter 6- Integrity and the First Person 134
  • Part III Comedy or Tragedy? 153
  • Chapter 7- Integration through Role 155
  • Chapter 8- Lawyerly Fidelity and Political Legitimacy 171
  • Chapter 9- Tragic Villains 212
  • Postscript 247
  • Notes 255
  • Index of Cases Cited 341
  • Index of Model Rules and Other Authorities 347
  • Index of Subjects 351
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 361

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.