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| Preface | |
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| Introduction | |
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| An Overview of the Argument | |
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| A Note to the Reader | |
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| Problems of Conscience: Trade Idioms and Moral Idioms | |
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| The Case of the Wicked Uncle | |
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| Lawyers Against the Law | |
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| Realism and Partisanship | |
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| The Refutation of Realism | |
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| The Mistrust of Reason: Dr. Faust | |
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| The Mistrust of Reason: Dr. Johnson | |
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| The Moral Authority of Law | |
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| The Obligation to Obey the Law | |
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| Respect for Law as Respect for Our Fellows | |
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| The Generality Requirement | |
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| Enter the Adversary System | |
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| Nonaccountability: Professor Freedman and Lord Brougham | |
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| Institutional Excuses | |
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| What the Adversary System Is | |
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| Criminal and Civil Paradigms | |
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| Why Have an Adversary System? | |
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| Consequentialist Justifications of the Adversary System | |
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| Nonconsequentialist Justifications of the Adversary System | |
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| The Real Reason for the Adversary System | |
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| An Example: The West German Procedural System | |
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| The Problem of Role Morality | |
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| Role Morality and Common Morality | |
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| The Role Theorist's Explanation | |
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| Morality as a Metaphysics of the Self | |
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| The Structure of "My Station and Its Duties" | |
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| Objections to "My Station and Its Duties," | |
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| A Fresh Start | |
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| The Structure of Role Morality | |
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| The Fourfold Root of Sufficient Reasoning | |
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| Two Patterns of Institutional Excuse | |
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| How Our Analysis Differs from "My Station and Its Duties," | |
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| Is It Too Much to Ask? | |
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| The Division of Labor and the Morality of Acknowledgment | |
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| The Opportunity in the Law | |
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| Some Casuistical Examples | |
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| The Standard Conception Repudiated | |
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| Implications for the Codes | |
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| Moral Activism | |
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| The Lawyer for a Principle | |
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| The Lawyer for the Damned (The Devil and Daniel Webster) | |
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| The Lysistratian Prerogative | |
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| The People's Lawyer | |
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| Problems of Conscience: Keeping Confidences | |
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| Client Confidences and Human Dignity | |
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| Delulio's Defection | |
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| A Shoot-Out in the ABA | |
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| The Lawyer's Duty of Confidentiality | |
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| Bentham's Argument | |
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| The Argument from Rights | |
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| Client Perjury | |
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| From Evidence to Ethics | |
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| Expanding the Horizons | |
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| Corporate Counsel and Confidentiality | |
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| The Pinto Case | |
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| What's Wrong with Trading Lives for Cash? | |
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| What the Rules Say | |
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| The Privilege and the Duty for Corporate Counsel | |
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| Who Personifies the Organization?--The Upjohn Error | |
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| Does the Human Dignity Argument Work? | |
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| Conclusion: A Memo to In-House Counsel Privy to Pinto Crash-Test Data | |
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| Problems of Justice: Legal Aid | |
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| The Right to Legal Services | |
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| Overview of the Second Half: Brandeisian Meditations | |
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| The Problem | |
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| The Necessity Claim | |
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| Is There a Moral Right to Legal Services? | |
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| Implicit Rights | |
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| Political Legitimacy | |
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| Legitimation in America | |
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| Legal Services and the Supreme Court | |
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| Concluding Remarks | |
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| Some Modest Proposals | |
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| Deregulation of Routine Legal Services | |
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| The Perception of Fairness | |
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| A Plan for Mandatory Pro Bono | |
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| The Moral Case for Mandatory Pro Bono | |
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| Conclusion | |
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| The People's Lawyer and Democratic Ideals | |
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| The Attack on Legal Services | |
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| The Public Interest Law Center | |
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| The Siege of the LSC | |
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| Four Arguments Against Politicized Legal Services | |
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| The Taxation Objection | |
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| The Equal Access Objection | |
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| Innumerate Ethics | |
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| Individualism versus Group Rights | |
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| Client Control: Dirty Hands | |
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| Recruiting Clients | |
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| Double Agents and Dirty Hands | |
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| Lawyer as Agent | |
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| Lawyer as Political Agent: The Primus Decision | |
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| "We Mutually Pledge to Each Other ..." | |
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| The Moral Universe of Mutual Political Commitment | |
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| Two Visions of the Human Good | |
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| The Double Agent Problem | |
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| Client Control: Class Conflicts | |
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| Class Conflicts in Class Actions | |
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| The Own-Mistakes Principle | |
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| The Problem of Future Generations | |
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| Responsible Representation | |
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| Have We Answered the Client-Control Objection? | |
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| The Objection from Democracy | |
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| Legislative Failure: Silent Majorities and Silent Minorities | |
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| Collective Action: Free-Riders and Information Costs | |
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| Class Actions | |
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| Lobbying, or Reflections on the Revolution in Washington | |
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| Political Organizing: Group Politics versus Mass Politics | |
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| Political Organizing: The Role of Legal Strategies | |
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| How Standard is the Standard Conception? | |
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| An Argument Against Innumerate Ethics | |
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| Table of Cases | |
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| Bibliography | |
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| Index | |