A philosophical and legal argument for equal access to good lawyers and other legal resources.

Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them.

In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.

Piderit explores the failures of mainstream economics and proposes an alternative grounded in natural law. His assessment is grounded in the Christian higher law tradition which assumes that objective standards known to human reason should govern society and individuals.

This book demonstrates both the reasonableness of a distinguished ethical tradition and its capacity to address a wide range of ethical issues, economic as well as personal and social. Piderit emphasizes that natural law theory underlies the U.S. Constitution and informs Catholic, Protestant, and Jewish worship today.

Social marketing is being adopted by a growing number of government and nonprofit organizations around the world because of its power to bring about important social changes. An array of commercial marketing concepts and techniques has been applied to problems ranging from child abuse to teen smoking to environmental neglect. However, in crafting these programs, agencies face complex ethical challenges. For example, is it acceptable to exaggerate risk and heighten fear if doing so saves more lives? What if improving the lives of one group has negative effects on another? How does a marketing campaign respect a group's culture while calling for fundamental change within it?

In Ethics in Social Marketing, ten contributors draw on their professional experience and the literature of ethics to set forth a range of problems and offer frameworks for their resolution. They introduce philosophical rules and practical models to guide decision making, and they focus on such complex issues as unintended consequences, ethical marketing alliances, and professional ethical codes. The book not only introduces students to the special moral and ethical burdens of social marketing but also challenges practitioners to address difficult issues that are easily minimized or avoided.

Serving the public interest with integrity requires a moral perspective that can rise above the day-to-day pressures of the job. This book integrates Western philosophy’s most significant ethical theories and merges them with public administration theory to provide public administrators with an explicit moral foundation for ethical decision making.

Ethics in the Public Service reviews moral thought through the ages, from Plato to Rorty, and makes the philosophies of the more difficult thinkers accessible to both students and practitioners. Unifying seemingly disparate ethical positions, including those of Aristotle, Kant, and Mill, the authors defend the idea of objective moral truth and critique subjectivist views, refuting postmodernism and ethical relativism. Using their integrated objective approach, they tackle such dichotomies in public administration theory as bureaucracy vs. democracy, and they also examine a case study in an administrative setting.

Offering a better understanding of moral dilemmas rather than a formula, this book presents scholars and practitioners with a framework that is both objective and flexible, theoretical and practical. This original synthesis provides a comprehensive basis for administrative thought and action.

Can harsh interrogation techniques and torture ever be morally justified for a nation at war or under the threat of imminent attack? In the aftermath of the September 11, 2001, terrorist strikes, the United States and other liberal democracies were forced to grapple once again with the issue of balancing national security concerns against the protection of individual civil and political rights. This question was particularly poignant when US forces took prisoners in Afghanistan and Iraq who arguably had information about additional attacks. In this volume, ethicist Paul Lauritzen takes on ethical debates about counterterrorism techniques that are increasingly central to US foreign policy and discusses the ramifications for the future of interrogation.

Lauritzen examines how doctors, lawyers, psychologists, military officers, and other professionals addressed the issue of the appropriate limits in interrogating detainees. In the case of each of these professions, a vigorous debate ensued about whether the interrogation policy developed by the Bush administration violated codes of ethics governing professional practice. These codes are critical, according to Lauritzen, because they provide resources for democracies and professionals seeking to balance concerns about safety with civil liberties, while also shaping the character of those within these professional guilds.

This volume argues that some of the techniques used at Guantánamo Bay and elsewhere were morally impermissible; nevertheless, the healthy debates that raged among professionals provide hope that we may safeguard human rights and the rule of law more effectively in the future.

The essays in Ethics, Trust, and the Professions probe the nature of the fiduciary relationship that binds client to lawyer, believer to minister, and patient to doctor. Angles of approach include history, sociology, philosophy, and culture, and their very multiplicity reveals how difficult we find it to formulate a code of ethics which will insure a relationship of trust between the professional and the public.

High-profile case studies provide compliance professionals with a deep, holistic understanding of modern-day money laundering to better detect and deter it

Money laundering is a serious crime that presents a heightened, yet underrated, global threat. Although often thought of as a victimless crime, money laundering significantly impacts the global financial system, which leads to further crime, corruption, human exploitation, and environmental degradation and causes tremendous human suffering, especially in the most impoverished populations. Recent advances in technology, communications, and globalization mean there are more illicit funds in circulation today than ever before. In order to catch these criminals and expose their underground networks, compliance professionals must learn to navigate an increasingly complex web of criminal activity.

In The Flow of Illicit Funds, Ola M. Tucker goes beyond the implementation of anti–money laundering compliance programs offered by most guides and provides professionals with a holistic understanding of the modern money laundering system. Using recent case studies, Tucker explains some of the most common money laundering techniques used by criminals today, describes the key role of the financial system in the disguise and transfer of illicit funds, and offers valuable insight into how financial institutions can protect themselves from being used as conduits for the movement of dirty money. The book concludes by offering suggestions to help compliance professionals better detect and deter money laundering.

Through this unique perspective, compliance professionals and students will gain a broader overall understanding of the process of money laundering and the techniques criminals commonly use, including valuable insight into how criminals find legal loopholes and manipulate the financial system.

Poorman brings together ethics and pastoral practice in an interactional model that captures the distinctive character of Christian pastoral counseling. His work is especially important in a culture that often confuses pastoral counseling with therapy. It also challenges traditional notions which portray the pastoral minister as an instructor who dispenses the church's moral teaching. Poorman distinguishes the pastoral task from that of therapist or teacher, while drawing on the best resources of contemporary psychology and moral development theories. he brings moral theology into lively conversation with pastoral experience; at the same time, his clear presentation brings a critical method of moral discernment to Christian ministry which is rooted in faith and the wisdom of the community.

Should a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural maneuvers that defeat substantive rights? The Practice of Justice is a fresh look at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with extensive experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible.

At the same time, Simon rejects the ethical approaches most frequently proposed by the profession's critics. The problem, he insists, does not lie in the profession's commitment to legal values over those of ordinary morality. Nor does it arise from the adversary system. Rather, Simon shows that the critical weakness of the standard approach is its reliance on a distinctive style of judgment--categorical, rule-bound, rigid--that is both ethically unattractive and rejected by most modern legal thought outside the realm of legal ethics. He develops an alternative approach based on a different, more contextual, style of judgment widely accepted in other areas of legal thought.

The author enlivens his argument with discussions of actual cases, including the Lincoln Savings and Loan scandal and the Leo Frank murder trial, as well as fictional accounts of lawyering, including Kafka's The Trial and the movie The Verdict.

Sexual blackmail first reached public notice in the late eighteenth century when laws against sodomy were exploited by the unscrupulous to extort money from those they could entrap. Angus McLaren chronicles this parasitic crime, tracing its expansion in England and the United States through the Victorian era and into the first half of the twentieth century. The labeling of certain sexual acts as disreputable, if not actually criminal--abortion, infidelity, prostitution, and homosexuality--armed would-be blackmailers and led to a crescendo of court cases and public scandals in the 1920s and 1930s. As the importance of sexual respectability was inflated, so too was the spectacle of its loss.

Charting the rise and fall of sexual taboos and the shifting tides of shame, McLaren enables us to survey evolving sexual practices and discussions. He has mined the archives to tell his story through a host of fascinating characters and cases, from male bounders to designing women, from badger games to gold diggers, from victimless crimes to homosexual outing. He shows how these stories shocked, educated, entertained, and destroyed the lives of their victims. He also demonstrates how muckraking journalists, con men, and vengeful women determined the boundaries of sexual respectability and damned those considered deviant. Ultimately, the sexual revolution of the 1960s blurred the long-rigid lines of respectability, leading to a rapid decline of blackmail fears. This fascinating view of the impact of regulating sexuality from the late Victorian Age to our own time demonstrates the centrality of blackmail to sexual practices, deviance, and the law.

We generally suppose that it is our right to freedom which allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want.

John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships.

This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail the freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms, it is permissible--indeed it is necessary--to make judgments about the goodness and badness of actions.

The author's keen insights into important rights issues, communicated with verve and a variety of both real and hypothetical cases, will be of interest to all who care about the meaning of freedoms.

A Wall Street Journal Top Ten Book of the Year
A First Things Books for Christmas Selection
Winner of the Expanded Reason Award

“This important work of moral philosophy argues that we are, first and foremost, embodied beings, and that public policy must recognize the limits and gifts that this entails.”
—Wall Street Journal

The natural limits of the human body make us vulnerable and dependent on others. Yet law and policy concerning biomedical research and the practice of medicine frequently disregard these stubborn facts. What It Means to Be Human makes the case for a new paradigm, one that better reflects the gifts and challenges of being human.

O. Carter Snead proposes a framework for public bioethics rooted in a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent—children, the disabled, and the elderly. He addresses three complex public matters: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-liberal and secular-religious, Snead recasts debates within his framework of embodiment and dependence. He concludes that if the law is built on premises that reflect our lived experience, it will provide support for the vulnerable.

“This remarkable and insightful account of contemporary public bioethics and its individualist assumptions is indispensable reading for anyone with bioethical concerns.”
—Alasdair MacIntyre, author of After Virtue

“A brilliantly insightful book about how American law has enshrined individual autonomy as the highest moral good…Highly thought-provoking.”
—Francis Fukuyama, author of Identity