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I Do Solemnly Swear: The Moral Obligations of Legal Officials, by Steve Sheppard
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What should the people expect from their legal officials? This book asks whether officials can be moral and still follow the law, answering that the law requires them to do so. It revives the idea of the good official - the good lawyer, the good judge, the good president, the good legislator - that guided Cicero and Washington and that we seem to have forgotten. Based on stories and law cases from America's founding to the present, this book examines what is good and right in law and why officials must care. This overview of official duties, from oaths to the law itself, explains how morals and law work together to create freedom and justice, and it provides useful maxims to argue for the right answer in hard cases. Important for scholars but useful for lawyers and readable by anybody, this book explains how American law ought to work.
- Sales Rank: #5440515 in Books
- Published on: 2009-04-27
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x .87" w x 5.98" l, 1.25 pounds
- Binding: Hardcover
- 304 pages
Review
"Stephen Sheppard finds that the tools for moral assessment of official conduct have become unfamiliar, and magisterially sets them out for our benefit. Ranging over legal history (the 'archive'), moral theory, metaphor (sword, shield, balance and mirror) and maxims of office, Sheppard wisely counsels against a binary opposition between law and morality in assessing what our officials do. There are complex relations between the two, beginning with the oath of office. This brilliant book is essential reading for all those interested in public office."
--H. Patrick Glenn, Peter M. Laing Professor of Law, McGill University
"By focusing his important new book, I Do Solemnly Swear: The Moral Obligations of Legal Officials, on what he calls "the retail ideas of justice," that is, the interplay of rules, behavior, and beliefs that shape the actions of individual judges, lawyers, and other legal officials, Professor Steven Sheppard helps restore a human face to the law and, in the process, brings new clarity to the legal system and its functioning. Sheppard's thesis that "officials must be moral. not just legal" may ring strange to the many accustomed to the notion that the legal system long ago severed it links to morality, but the case is compelling, both descriptively and proscriptively, that no such separation is possible for a legal system whose aim is to act justly. Without morality, "there is no legal protection against tyranny, because laws may always be changed by laws," a point most recently illustrated by the Bush administration's legal memoranda purporting to justify the application of torture.
I Do Solemnly Swear is a major contribution to a disputed and little understood area of legal scholarship. It is a learned, witty, provocative, challenging, penetrating, and compelling work of legal history and philosophy, yet one with immediate and practical relevance to any public official seeking to honorably discharge the duties of his office."
--Alberto Mora, General Counsel of the United States Navy, 2001-2006, Recipient in 2006 of the John F. Kennedy Profile in Courage Award
[T]his highly readable monograph... defends a seemingly simple claim: 'Officials must be moral, not just legal.' bsos.umd.edu/gvpt/lpbr/reviews/2010/01/i-do-solemnly-swear-moral-obligations.html --Law and Politics Book Review, Kimberly Brownlee, Manchester
About the Author
Steve Sheppard is the William Enfield Professor of Law at the University of Arkansas School of Law. He has written articles in legal history, legal philosophy, international law, and the practice of law. With George Fletcher, he wrote American Law in a Global Context: The Basics. He is the editor of the Aspen Bouvier: A Law Dictionary, The Selected Writings of Sir Edward Coke, The History of Legal Education in the United States, Karl Llewellyn's The Bramble Bush, and several series of law books, as well as contributing introductions to the revived works of John Selden, Sir William Jones, and Francis Leiber, among others. He clerked and practised law in Mississippi and throughout the South and lives with his family in the Ozarks. He completed his doctorate in the science of law at Columbia University and holds other degrees from Columbia, Oxford University, and the University of Southern Mississippi.
Most helpful customer reviews
2 of 2 people found the following review helpful.
An Important and Timely Message
By John Jackson
This book is so appropriate for our current times. Demonization of politicians and officials we like, despite their character, and canonization of politicians we don't like, regardless of their character, is something that all Americans are doing to some degree. Straw man attacks, and their antithesis, which would be I guess a willful disregard for peoples lack of appropriate or effective arguments and proposed actions, will not help solve the problems that we face collectively. A call for civility in the political discourse of this country is something we can all learn from.
1 of 1 people found the following review helpful.
The role of judicial officials and the importance of their discretionary rights
By Dr. JAB
Fundamental to understanding the roles of legal officials (including judges) is the recognition of the significance and nature of the right that such officials both need and have to exercise discretion in making their decisions: without such discretion judicial decision making cannot pay adequate attention to the diversity of situations in which the legal rules can become applicable. Sheppard's ideas in this discussion are useful and interesting, despite the rather undisciplined organization of his ideas and similarly rather sloppy way of expressing some of his ideas.
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