This book reimagines legal ethics as a commitment to the law’s role in resolving deep societal conflicts and maintaining political stability, rather than as a license for lawyers to bend legal rules in service of client interests.
Ethics and Professional Responsibility
Hopgood (2016), “Law and Lawyers in a World After Virtue”
David Kennedy’s critical legal scholarship challenges the traditional monopoly lawyers and legal scholars hold over defining law’s purpose, highlighting law as a form of political struggle rather than a neutral system.
Stauffer (2007), “The Rule of Law and its Shadow: Ambivalence, Procedure, and the Justice Beyond Legality”
This article argues that attorneys have a duty to act as guardians of justice in a legal order fraught with moral ambiguity and political pressure.
Mortazavi (2017), “The Cost of Avoidance: Pluralism, Neutrality, and the Foundations of Modern Legal Ethics”
The article argues that the legal profession’s shift to “neutral partisanship” in 1969 undermines lawyers’ ability to uphold justice and democracy by suppressing moral and ethical engagement.
Varga (2013), “Legal Mentality as a Component of Law. Rationality Driven Into Anarchy in America”
This article critiques the mythologized self-image of lawyers as neutral experts, arguing that in the absence of broader societal consensus, their function becomes both overextended and ideologically fraught, raising urgent questions about the legitimacy and limits of legal authority in postmodern, fragmented democratic societies.
Ashar (2016), “Deep Critique and Democratic Lawyering in Clinical Practice”
This article critiques mainstream legal education reform discourse for neglecting social justice values and embracing neoliberal frameworks.
Cheh (2005), “Should Lawyers Participate in Rigged Systems: The Case of the Military Commissions”
This article examines whether lawyers should participate in legal proceedings that offer only the illusion of justice, potentially legitimizing a flawed system, or instead refuse involvement to preserve professional integrity.
Farbman (2019), “Resistance Lawyering”
The article invites contemporary lawyers to learn from this integration of daily legal work and political struggle as a model for resistance within unjust systems.
Godsoe, Smith, Yaroshefsky (2022), “Can You Be a Legal Ethics Scholar and Have Guts?”
The article also offers a framework for action, including filing disciplinary complaints and embracing a more publicly engaged model of legal ethics scholarship.
Kroncke (2025), “Legal Complicity in an Age of Resurgent Authoritarianism”
This article critiques the ethical assumptions underlying liberal legal professionals’ engagement with authoritarian regimes, particularly through the lens of modernization theory, which once promised that economic development would naturally lead to democratization.