What’s Love Got to Do With It?: Contemporary Lessons on Lawyerly Advocacy from the Preacher Martin Luther King, Jr.

Deborah J. Cantrell
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引用次数: 3

Abstract

To date, the discourse on faith and lawyering has often focused on the question of whether or not a lawyer should use faith-based values to inform her lawyerly practice. The discourse is dichotomous and polarized, with one view seeing destructive consequences and the other seeing productive consequences. For those opposed to faith in lawyering, the expressed concern is that lawyers of faith cannot help but either dominate their clients or disengage from their clients. Those who lawyer from faith respond that, to the contrary, their faith encourages them to behave in ways that are beneficial to their clients and to more general ideas of social justice. That dichotomous call and response, when kept at the level of "whether or not" to lawyer from faith, is irreconcilable. This article seeks to move beyond the dichotomy by considering a particular faith-based mandate, "love of neighbor." It postulates what specific lawyerly actions based on "love of neighbor" might look like, and then assesses whether those actions are consistent with lawyerly obligations. Distinctively for legal scholarship, it does so from an interfaith perspective, looking to Christianity, Judaism, and Buddhism. The article concludes that "love of neighbor" provides an example of a particular faith-based concept that encourages lawyerly practice deeply consistent with accepted professional responsibilities.
这和爱情有什么关系?马丁·路德·金牧师对律师维权的当代启示
到目前为止,关于信仰和律师的论述往往集中在律师是否应该使用基于信仰的价值观来指导她的律师实践的问题上。话语是两极化的,一种观点看到了破坏性的后果,另一种观点看到了生产性的后果。对于那些反对律师信仰的人来说,他们所表达的担忧是,有信仰的律师要么控制他们的客户,要么脱离他们的客户。那些有信仰的律师回应说,相反,他们的信仰鼓励他们以有利于客户和更普遍的社会正义观念的方式行事。这种二分的呼唤和回应,如果停留在“是否”的层面上,从信仰出发,是不可调和的。这篇文章试图通过考虑一个特定的基于信仰的使命“爱邻居”来超越这种二分法。它假定基于“邻居之爱”的具体律师行为可能是什么样子,然后评估这些行为是否与律师义务一致。它从跨信仰的角度出发,着眼于基督教、犹太教和佛教,这是法律学术研究的独特之处。文章的结论是,“爱邻居”提供了一个特殊的基于信仰的概念的例子,它鼓励律师的实践与公认的职业责任高度一致。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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