[JURIST] New and interesting papers on SSRN Friday include:
The Rule of Law for Everyone? [abstract]
by Brian Tamantha [faculty profile] of St. John's University School of Law [official website]
From the Abstract: "The rule of law is the most prominent legitimating slogan of government in the world today, espoused my many leaders (and dissidents) in countries around the world, Western and Non-Western. However, there is no agreement on what it means, and there has been little success in establishing it where it does not already exist. This article considers these issues from a historical perspective, by distinguishing a pre-liberal version of the rule of law from a liberal version of the rule of law. This distinction is then applied to clarify some of the basic issues surrounding the application and implementation of the rule of law."
Legal Ethics from the Lawyer's Point of View [abstract]
by Daniel Markovits [faculty profile] of Yale Law School [official website]
From the Abstract: "This article develops a philosophical distinction between third- and first-personal ethical ideals and applies this distinction to some of the central ethical problems facing lawyers. The article contends that the dominant argument in legal ethics, the adversary system defense, considers legal ethics exclusively from the third-personal point of view of the lawyer's duties to others and consequently neglects important first-personal ethical questions that arise from the point of view of the lawyer herself. The article concludes that even a successful development of the adversary system defense therefore leaves essential features of the ethical experience of lawyers unaddressed, and it presents an unconventional interpretation of ideas involving the ethics of role that recasts these ideas as filling in the ethical gaps that the adversary system defense leaves open."