Three Dichotomies in Lawyers’ Ethics (With Particular Attention to the Corporation as Client)

Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk as primarily to a vulnerable client from a powerful professional; or, to the contrary, from a powerful client-lawyer combination toward vulnerable others. Second, what is the foundational orientation of lawyers? Are lawyers serving primarily their particular clients, and those clients’ preferences, choices and autonomy? Or is the primary allegiance of lawyers to some community or collective goal or interest distinct from the particular goals or interests of the client? The third dichotomy concerns not the substance of therisk, or the primary orientation, but the appropriate means of responding to that risk or that fundamental obligation. Should professional ethics be implemented primarily through rules? Or, should we rely on character and the discretion of lawyers to make a thought out, all things considered, decision? Each of these three presents a fundamental difference in how we perceive and address issues of lawyers’ ethics. Each affects our understanding and analysis on multiple levels, from (1) determining the appropriate or requisite conduct in aparticular situation, to (2) framing a specific rule or approach for a particular category of situations, to (3) more general or abstract theory or policy. A person’s inclinations in regard to the dichotomies affects the conclusions that person will reach on each of those levels of analysis, yet those inclinations and assumptions are frequently unexamined and unarticulated. One’s position on each of the dichotomies tends to structure the approach and outcome without the issues and choice having been explicitly addressed or possibly even noticed. This article is an effort to ameliorate that problem. Part I addresses the question of what is the risk in the work of lawyers, or the function of lawyers, for which professional ethics is the answer. The concluding section focuses on the particular problem of the corporation as client. Part II then asks the related and possibly consequent question of what is the foundational orientation or allegiance of the lawyer? Is it to the individual client? Or is it to some larger community interest? Again, the concluding section focuses on thecorporation. Part III turns to the means or method for addressing the obligations and possible problems of the professional ethics of lawyers. Should lawyers’ ethics guide and confine the conduct of lawyers primarily through rules? Or should it function primarily through reliance on the knowledge, judgment and character of lawyers? If the latter were the guide, ethical decisions would be made on a situation by situation basis under the discretion of each lawyer. Toward the end of each discussion possibilities for bridging the dichotomy are considered (and with such bridges each dichotomy may come to look more like a spectrum or continuum.). At several points after its introduction in Parts I and II, the special problem of the corporation as client is revisited and possible solutions suggested. Illustrating the usefulness of keeping the dichotomies in view, Part IV applies them to several exemplary situations of ethical difficulty in actual lawyer practice. For readers finding it difficult to envision the consequences of these distinctions, turning ahead to Part IV may be useful in making the discussion more concrete. Some commonalities across the dichotomies and connections among them are then developed in the concluding section, Part V.

Saving Libya from itself: What the EU should do now. CEPS Commentary, 1 December 2014

Libya is experiencing its worst security crisis since the 2011 revolution, the intervention by NATO and the overthrow of Colonel Muammar Gaddafi. While the parliamentary elections of July 2012 provided “an opportunity to put the transition process back on track and overcome the recent political polarisation”, the country has instead descended into a deadly vortex of conflicting political groups, militias and tribes. Without the international political attention that is needed to save it from itself, Libya is now breaking up in at least two parts. Each faction is under pressure to declare its allegiance to the two biggest rival coalitions: either ‘Libyan Dignity’ or ‘Libyan Dawn’. The authors suggest that EU action take place on three levels.

Select passages on duty to the state and kindred subjects, for reading, analysis and translation in schools and colleges.

Mode of access: Internet.

Miscellaneous tracts:

Dedication dated Dublin, July 15, 1781.

[Pamphlets on the Catholic Church : 1836-1940]

Title supplied by the University of California.

Essays in jurisprudence and ethics, by Frederick Pollock ..

Nature of jurisprudence.--Laws of nature and of man.--Law of partnership.--Employers liability.--Theory of persecution.--Oath of allegiance.--English law as a branch of politics.--Science of case-law.--Casuistry of common sense.--Ethics and morals.-Marcus Aurelius and the stoic philosophy.--Spencer's Data of ethics.--Index.

Clinical supervision: Its influence on client-rated working alliance and client symptom reduction in the brief treatment of major depression

Supervision of psychotherapists and counselors, especially in the early years of practice, is widely accepted as being important for professional development and to ensure optimal client outcomes. Although the process of clinical supervision has been extensively studied, less is known about the impact of supervision on psychotherapy practice and client symptom outcome. This study evaluated the impact of clinical supervision on client working alliance and symptom reduction in the brief treatment of major depression. The authors randomly assigned 127 clients with a diagnosis of major depression to 127 supervised or unsupervised therapists to receive eight sessions of problems-solving treatment. Supervised therapists were randomly assigned to either alliance skill- or alliance process-focused supervision and received eight supervision sessions. Before beginning treatment, therapists received one supervision session for brief training in the working alliance supervision approach and in specific characteristics of each case. Standard measures of therapeutic alliance and symptom change were used as dependent variables. The results showed a significant effect for both supervision conditions on working alliance from the first session of therapy, symptom reduction, and treatment retention and evaluation but no effect differences between supervision conditions. It was not possible to separate the effects of supervision from the single pretreatment session and is possible that allegiance effects might have inflated results. The scientific and clinical relevance of these findings is discussed.

Intensive case management: A critical re-appraisal of the scientific evidence for effectiveness

Intensive Case Management (ICM) is widely claimed to be an evidence-based and cost effective program for people with high levels of disability as a result of mental illness. However, the findings of recent randomized controlled trials comparing ICM with 'usual services' suggest that both clinical and cost effectiveness of ICM may be weakening. Possible reasons for this, including fidelity of implementation, researcher allegiance effects and changes in the wider service environment within which ICM is provided, are considered. The implications for service delivery and research are discussed.

QUADERNA: UMA PERSONAGEM NA LITERATURA E NA TELEVISÃO

Este projeto tem como objetivo analisar a adaptação da obra de Ariano Suassuna, Romance d A Pedra do Reino e o príncipe do sangue do vai-e-volta, para a minissérie, intitulada A Pedra do Reino, dirigida por Luiz Fernando Carvalho e exibida pela Rede Globo entre os dias 12 e 16 de junho de 2007. Esta análise será realizada a partir da cena da auto-coroação da personagem Quaderna, usando a metodologia proposta por Umberto Eco em Para uma investigação semiológica sobre a mensagem televisual , artigo integrante da obra Apocalípticos e integrados, com a qual pretendemos elucidar o uso de signos na adaptação e fidelidade desta com a obra original.(AU)

Nationalism gone global:the Hauptverband Deutscher Flottenvereine im Auslande 1898-1918

The Wilhelmine battle fleet was a powerful symbol of national strength and unity not only within the Reich but also in German ethnic communities abroad. A global network of 179 navy clubs with 9,500 members (1913) was coordinated by the Berlin-based Central League for German Navy Clubs Abroad (Hauptverband Deutscher Flottenvereine im Auslande). Its aims were the collection of migrants’ money for concrete navy projects and the promotion of allegiance to the Reich and of ethnic cohesion abroad. The article analyses German navy campaigning within a transnational framework and supports the view that migrants were discursively drawn into Imperial Germany’s global aspirations as outposts of ‘Germanness’ abroad. Existing scholarship, however, tends to look at them as passive objects of a discourse conducted within Germany, as a canvas onto which (semi-)colonial fantasies could be projected. This article argues, rather, that ‘Germans abroad’ could also be active participants within a transnationally conducted and multi-directional discourse. They did not necessarily defy nationalist assumptions but could, in fact, be deeply embedded in the construction of these assumptions.

Human Security and Crime in Latin America: The political Capital and Political Impact of Criminal Groups and Belligerents Involved in Illicit Economies

Organized crime and illegal economies generate multiple threats to states and societies. But although the negative effects of high levels of pervasive street and organized crime on human security are clear, the relationships between human security, crime, illicit economies, and law enforcement are highly complex. By sponsoring illicit economies in areas of state weakness where legal economic opportunities and public goods are seriously lacking, both belligerent and criminal groups frequently enhance some elements of human security of the marginalized populations who depend on illicit economies for basic livelihoods. Even criminal groups without a political ideology often have an important political impact on the lives of communities and on their allegiance to the State. Criminal groups also have political agendas. Both belligerent and criminal groups can develop political capital through their sponsorship of illicit economies. The extent of their political capital is dependent on several factors. Efforts to defeat belligerent groups by decreasing their financial flows through suppression of an illicit economy are rarely effective. Such measures, in turn, increase the political capital of anti-State groups. The effectiveness of anti-money laundering measures (AML) also remains low and is often highly contingent on specific vulnerabilities of the target. The design of AML measures has other effects, such as on the size of a country’s informal economy. Multifaceted anti-crime strategies that combine law enforcement approaches with targeted socio-economic policies and efforts to improve public goods provision, including access to justice, are likely to be more effective in suppressing crime than tough nailed-fist approaches. For anti-crime policies to be effective, they often require a substantial, but politically-difficult concentration of resources in target areas. In the absence of effective law enforcement capacity, legalization and decriminalization policies of illicit economies are unlikely on their own to substantially reduce levels of criminality or to eliminate organized crime. Effective police reform, for several decades largely elusive in Latin America, is one of the most urgently needed policy reforms in the region. Such efforts need to be coupled with fundamental judicial and correctional systems reforms. Yet, regional approaches cannot obliterate the so-called balloon effect. If demand persists, even under intense law enforcement pressures, illicit economies will relocate to areas of weakest law enforcement, but they will not be eliminated.

Law Enforcement Actions in Urban Spaces Governed by Violent Non-State Entities: Lessons from Latin America

In response to a crime epidemic afflicting Latin America since the early 1990s, several countries in the region have resorted to using heavy-force police or military units to physically retake territories de facto controlled by non-State criminal or insurgent groups. After a period of territory control, the heavy forces hand law enforcement functions in the retaken territories to regular police officers, with the hope that the territories and their populations will remain under the control of the state. To a varying degree, intensity, and consistency, Brazil, Colombia, Mexico, and Jamaica have adopted such policies since the mid-1990s. During such operations, governments need to pursue two interrelated objectives: to better establish the state’s physical presence and to realign the allegiance of the population in those areas toward the state and away from the non-State criminal entities. From the perspective of law enforcement, such operations entail several critical decisions and junctions, such as: Whether or not to announce the force insertion in advance. The decision trades off the element of surprise and the ability to capture key leaders of the criminal organizations against the ability to minimize civilian casualties and force levels. The latter, however, may allow criminals to go to ground and escape capture. Governments thus must decide whether they merely seek to displace criminal groups to other areas or maximize their decapitation capacity. Intelligence flows rarely come from the population. Often, rival criminal groups are the best source of intelligence. However, cooperation between the State and such groups that goes beyond using vetted intelligence provided by the groups, such as a State tolerance for militias, compromises the rule-of-law integrity of the State and ultimately can eviscerate even public safety gains. Sustaining security after initial clearing operations is at times even more challenging than conducting the initial operations. Although unlike the heavy forces, traditional police forces, especially if designed as community police, have the capacity to develop trust of the community and ultimately focus on crime prevention, developing such trust often takes a long time. To develop the community’s trust, regular police forces need to conduct frequent on-foot patrols with intensive nonthreatening interactions with the population and minimize the use of force. Moreover, sufficiently robust patrol units need to be placed in designated beats for substantial amount of time, often at least over a year. Establishing oversight mechanisms, including joint police-citizens’ boards, further facilities building trust in the police among the community. After disruption of the established criminal order, street crime often significantly rises and both the heavy-force and community-police units often struggle to contain it. The increase in street crime alienates the population of the retaken territory from the State. Thus developing a capacity to address street crime is critical. Moreover, the community police units tend to be vulnerable (especially initially) to efforts by displaced criminals to reoccupy the cleared territories. Losing a cleared territory back to criminal groups is extremely costly in terms of losing any established trust and being able to recover it. Rather than operating on a priori determined handover schedule, a careful assessment of the relative strength of regular police and criminal groups post-clearing operations is likely to be a better guide for timing the handover from heavy forces to regular police units. Cleared territories often experience not only a peace dividend, but also a peace deficit – in the rise new serious crime (in addition to street crime). Newly – valuable land and other previously-inaccessible resources can lead to land speculation and forced displacement; various other forms of new crime can also significantly rise. Community police forces often struggle to cope with such crime, especially as it is frequently linked to legal business. Such new crime often receives little to no attention in the design of the operations to retake territories from criminal groups. But without developing an effective response to such new crime, the public safety gains of the clearing operations can be altogether lost.

Uncomfortable 'truths' and the centenary anniversary of the 1916 Rising in Ireland

How to deal with uncomfortable ‘truths’ from the past has long posed problems for historians and politicians alike and this is exemplified by attempts to ‘deal with’ the centenary anniversary of the 1916 Easter Rising in Ireland. How do we recognise the revolutionary ‘heroes’ of the past and their contribution to the building of the new ‘nation’ state to which we may pledge allegiance, without exposing the contradictions inherent in the way that ‘nation’ state has transformed, subverted and indeed corrupted many of the ideas for which they fought? More controversially, how do we honour the actions of revolutionaries in the past which led to death and destruction in pursuance of a grand ideal, while at the same time condemning others today who claim to have been likewise engaged, using similar methods, during the recent ‘Troubles’ (1969-98 and counting)? Attempts by the Irish state to deal with the centenary seem to illustrate the point.

Severus Snape : The Complexity and Unconventional Heroism of Severus Snape in the Harry Potter Books

Being an evildoer and being evil is not always the same thing; author J.K Rowling’s character Professor Severus Snape from the Harry Potter series is balancing on that very line. Although being unfair and mean to the protagonist Harry Potter all through the series, Professor Snape is revealed as a hero in the seventh book Harry Potter and the Deathly Hallows (2007). This essay focuses on some of the complex psychological reasons as to why Snape acts the way he does towards Harry and why many readers consider him to be just as great a hero as the protagonist. It argues that his difficult upbringing is the cause of his complexity and the series of books are analyzed from a structuralist perspective, using A.J Greimas’ actantial model and Frank Kermode’s theories about endings and plot twists. Snape’s hate for Harry’s father, caused by years of bullying, is examined as well as his love for Harry’s mother. This essay also discusses in what ways Snape’s change of allegiance, brought on by his eternal love for Harry’s mother, is a great aid in defeating the Dark Lord.