By Walter Bennett
Attorneys this present day are in an ethical hindrance. the preferred conception of the legal professional, either in the felony neighborhood and past, isn't any longer the Abe Lincoln of yankee mythology, yet is usually a grasping, cynical manipulator of entry and tool. within the Lawyer's fable, Walter Bennett is going past the caricatures to discover the deeper reasons of why attorneys are wasting their career and what it's going to take to deliver it back.Bennett attracts on his event as a attorney, pass judgement on, and legislations instructor, in addition to upon oral histories of legal professionals and judges, in his exploration of ways and why the felony career has misplaced its ennobling mythology. successfully utilizing examples from background, philosophy, psychology, mythology, and literature, Bennett indicates that the lack of professionalism is greater than only the emergence of win-at-all-cost thoughts and a scramble for private wealth. it really is anything extra profound—a lack of specialist neighborhood and soul. Bennett identifies the previous heroic myths of yankee attorneys and exhibits how they trained the values of professionalism in the course of the heart of the final century. He indicates why, in our extra varied society, these myths are insufficient publications for latest legal professionals. And he additionally discusses the profession's suffering over its trickster photograph and demonstrates how that archetype is not just a mental fact, yet an important portion of a colourful expert mythology for lawyers.At the center of Bennett's eloquently written publication is a choice to reinvigorate the lawyer neighborhood. to do that, legal professionals needs to revive their artistic capacities and advance a significant, expert mythology—one in keeping with a deeper figuring out of professionalism and a broader, extra compassionate perfect of justice.
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Additional info for The Lawyer's Myth: Reviving Ideals in the Legal Profession
So in the tradition of Holmes (and, I hope, with better results), I want to make it quite clear that when I criticize the legal method as it is taught in law schools, I do so for the limited purpose of suggesting that legal method does not comprise or even imply a moral universe. It is a basic skill, perhaps the basic skill, lawyers must learn, but it is morally accountable only if it is understood in the broader context of one’s life and place in society. The attempt in the academy to separate legal education from moral considerations, without an attendant effort to in some fashion reunite them, is an arrogant act and has lead to much of the ethical malaise present in the profession today.
As he struggled to regain his composure, Justice Marshall was visibly moved, and in the temporary silence of Webster’s great voice could be heard the sounds of others present in the room weeping. ”32 Webster sat down. Justice Story, sitting at the end of the bench as one of the two most recent appointments to the Court, later described the overall and ﬁnal effect: There was an earnestness of manner, and a depth of research, and a potency of phrase, which at once convinced you that his whole soul was in the cause; and that he had meditated over it in the deep silence of the night and studied it in the broad sunshine of the day.
Matthews, Rufus Choate: The Law and Civic Virtue (Philadelphia: Temple University Press, 1980). The Loss of Professional Mythology 37 ends or purposes as they, in their discretion, shall see ﬁt? Sir, you may destroy this little institution, it is weak; it is in your hands! You may put it out; but if you do, you must carry on your work! You must extinguish, one after another, all those great lights of science, which, for more than a century, have thrown their radiance over the land! 31 At this point, Webster’s hands were shaking, his voice began to break, his lips trembled, and his eyes ﬁlled with tears.