(DOWNLOAD) "Bounded Autonomy and Bounded Zeal (New Zealand)" by University of Queensland Law Journal * eBook PDF Kindle ePub Free
eBook details
- Title: Bounded Autonomy and Bounded Zeal (New Zealand)
- Author : University of Queensland Law Journal
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 115 KB
Description
Many of the discussions of the proper model of lawyering dwell on the moral dilemmas a lawyer faces and the issue of the degree to which he or she ought to intervene in his or her client's choices. Some have argued that lawyers ought to act paternalistically to promote their client's interests. Others have rejected such an approach from a liberal defence of the paramount value of rights accorded by law and the right of clients to exercise their autonomy in availing themselves of those rights. A third approach might see the lawyer as having a responsibility to frame behaviour in a way which accords with the spirit of the law, or the interests of justice. These theoretical approaches (and there are many other possibilities and variations) are generally presented in opposition to each other--after all how can one both respect the autonomy of a client and also act in a way which intentionally shapes their behaviour or pursues goals beyond the interests of the client. This paper is a tentative attempt to argue that these approaches, while coming from theoretically distinct positions, inform each other in important ways in a practical sense and may not be wholly inconsistent with each other.
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