A Modern Legal Ethics: Adversary Advocacy in a Democratic Age

By Daniel Markovits | Go to book overview

Chapter 5
AN IMPARTIALIST REJOINDER?

WILLIAMS INTRODUCED the Jim example and developed the arguments that I have just rehearsed as part of an extended polemic against utilitarianism—which Williams took, metonymically, to represent the third-personal approach to impartial morality more broadly. But the third-personal approach to impartial morality, which also dominates the traditional presentation of the adversary system excuse, presents a particularly immediate and crass threat to integrity, which may be cast in unusually stark terms. Moreover, the language in which the argument concerning integrity has so far been developed exploits these weaknesses to powerful effect.

This makes it natural to wonder whether the argument concerning integrity displays the limitations of impartial morality generally (and the enduring importance of older more intimate conceptions of ethics) or instead makes only a narrower point about the limitations of the peculiar utilitarian account of impartiality that Williams was, as a historical matter, addressing and that the traditional development of the adversary system excuse imports. Perhaps if this crude, thirdpersonal conception of impartiality is replaced with another more sophisticated conception, impartial morality will no longer pose any threat to integrity, either in Jim’s case or (once suitable modifications to the adversary system excuse have been made) in the case of lawyers. If so, then legal ethics could retain its purely impartialist character, and indeed remain focused on the adversary system excuse, and still succeed at rendering the legal profession worthy of commitment, all things considered.

In this case, the more radical departure in legal ethics that I pursue in Part III, which steps outside impartialist morality entirely to address the lawyerly vices directly in a first-personal register, would lose much of its motivation. The upheaval in legal ethics that I shall propose therefore cannot be justified until the more modest revision is shown to be inadequate. Moreover, although the underlying problem of integrity cannot, finally, be resolved from within the impartialist paradigm, the sophistication of the alternative to the third-personal account of impartiality means that some care must be employed to see just why not.

-118-

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.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

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?

Help
Full screen
/ 361

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access 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.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.