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14 - Epilogue

Just Law?

Published online by Cambridge University Press:  05 June 2012

Richard L. Abel
Affiliation:
UCLA School of Law
Scott L. Cummings
Affiliation:
University of California, Los Angeles
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Summary

Can law promote justice? Or is it just law – a set of positive directives, which are obligatory if created according to Hart's secondary rules but likely to be followed only if the benefits exceed the costs? What makes law distinctive as a subject of social scientific inquiry is its normative essence (a quality it shares with religion). Disregarding instructions for assembling an Ikea bookcase or installing software on your computer can lead to failure and frustration, but such behavior usually does not incur disapproval. Exceeding the speed limit or evading taxes deserves opprobrium. People do not always behave like Holmes's “bad man,” or economists' profit maximizer, simply calculating the costs of noncompliance in terms of the sanctions likely to be imposed. Law is obligatory because it is just. That law is aspirational, seeking to promote justice, fundamentally shapes our research agenda. It explains why studies of the “gap” between law on the books and law in action have long been a staple of law-and-society scholarship. It explains why the “hired gun” theory of legal ethics is so unsatisfactory and why each new cohort of law students experiences discomfort at relinquishing moral autonomy for a career devoted to promoting the ends of clients lawyers generally do not choose. It explains the persistent concern with the unequal distribution of legal services and continuing efforts to increase government spending on legal aid, expand pro bono activities, and sustain law students' commitment to public interest law.

Type
Chapter
Information
The Paradox of Professionalism
Lawyers and the Possibility of Justice
, pp. 296 - 318
Publisher: Cambridge University Press
Print publication year: 2011

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  • Epilogue
  • Edited by Scott L. Cummings, University of California, Los Angeles
  • Book: The Paradox of Professionalism
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511921506.015
Available formats
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  • Epilogue
  • Edited by Scott L. Cummings, University of California, Los Angeles
  • Book: The Paradox of Professionalism
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511921506.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Epilogue
  • Edited by Scott L. Cummings, University of California, Los Angeles
  • Book: The Paradox of Professionalism
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511921506.015
Available formats
×