Adversary Advocacy and the Authority of Adjudication, 75 FORDHAM L. REV. 1367 (2006) (symposium on the internal point of view in jurisprudence and legal ethics)
I shall seek in these pages to offer a new justification for a partisan conception of legal practice-if not for lawyers' unreservedly adopting the bad man view of the law, then at least for their remaining substantially professionally detached from their private views of their clients' claims and certainly forbidden from imposing their private views (including of the law's internal purposes) over the objections or even reluctance of clients. Whereas the traditional adversary system defense is fundamentally an exercise in moral theory, this new argument will proceed in a selfconsciously political mode and will turn on a freestanding idea of political legitimacy, which is qualitatively distinct from moral ideals, including even justice and its cognates.
Date of Authorship for this Version
Markovits, Daniel, "Adversary Advocacy and the Authority of Adjudication" (2006). Faculty Scholarship Series. 419.