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David Luban [73]David Jay Luban [1]
  1.  38
    Beyond Moral Minimalism.David Luban - 2006 - Ethics and International Affairs 20 (3):353-360.
  2.  32
    Liberalism, Torture, and the Ticking Bomb.David Luban - unknown
    Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman act (...)
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  3.  98
    Preventive War.David Luban - 2004 - Philosophy and Public Affairs 32 (3):207-248.
  4.  30
    War as Punishment.David Luban - 2011 - Philosophy and Public Affairs 39 (4):299-330.
  5. Just War and Human Rights.David Luban - 1980 - Philosophy and Public Affairs 9 (2):160-181.
  6. The Good Lawyer: Lawyers' Roles and Lawyers' Ethics.David Luban - 1984 - Law and Philosophy 3 (3):431-436.
     
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  7.  42
    Lawyers and Justice: An Ethical Study.David Luban - 1988 - Princeton University Press.
    This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.
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  8. Human Dignity, Humiliation, and Torture.David Luban - 2009 - Kennedy Institute of Ethics Journal 19 (3):pp. 211-230.
  9.  25
    A Theory of Crimes Against Humanity.David Luban - unknown
    The answer I offer in this Article is that crimes against humanity assault one particular aspect of human being, namely our character as political animals. We are creatures whose nature compels us to live socially, but who cannot do so without artificial political organization that inevitably poses threats to our well-being, and, at the limit, to our very survival. Crimes against humanity represent the worst of those threats; they are the limiting case of politics gone cancerous. Precisely because we cannot (...)
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  10. Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law.David Luban - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press.
  11. Ethics of Consumption: The Good Life, Justice, and Global Stewardship.Luis A. Camacho, Colin Campbell, David A. Crocker, Eleonora Curlo, Herman E. Daly, Eliezer Diamond, Robert Goodland, Allen L. Hammond, Nathan Keyfitz, Robert E. Lane, Judith Lichtenberg, David Luban, James A. Nash, Martha C. Nussbaum, ThomasW Pogge, Mark Sagoff, Juliet B. Schor, Michael Schudson, Jerome M. Segal, Amartya Sen, Alan Strudler, Paul L. Wachtel, Paul E. Waggoner, David Wasserman & Charles K. Wilber - 1997 - Rowman & Littlefield Publishers.
    In this comprehensive collection of essays, most of which appear for the first time, eminent scholars from many disciplines—philosophy, economics, sociology, political science, demography, theology, history, and social psychology—examine the causes, nature, and consequences of present-day consumption patterns in the United States and throughout the world.
     
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  12. Legal Ethics and Human Dignity.David Luban - 2007 - Cambridge University Press.
    David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses on lawyers' role in enhancing human dignity and (...)
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  13. The Romance of the Nation-State.David Luban - 1980 - Philosophy and Public Affairs 9 (4):392-397.
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  14.  7
    Just War Theory and the Laws of War as Nonidentical Twins.David Luban - 2017 - Ethics and International Affairs 31 (4):433-440.
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  15. Bargaining and Compromise: Recent Work on Negotiation and Informal Justice.David Luban - 1985 - Philosophy and Public Affairs 14 (4):397-416.
  16.  28
    Unsatisfying Wars: Degrees of Risk and the Jus Ex Bello.Gabriella Blum & David Luban - 2015 - Ethics 125 (3):751-780.
    We suggest thinking about the beginning and ending of wars as an exercise in risk management. We argue that states, like individual citizens, must accept that some degree of security risk is inevitable when coexisting with others. We offer two principles for the just management of military risk. The first principle is Morally Justified Bearable Risk, which demands that parties at war temper their claims of justice with the realities of an anarchic and conflicted international system. The second principle, Minimum (...)
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  17. Law's Blindfold.David Luban - 2001 - In Michael Davis & Andrew Stark (eds.), Conflict of Interest in the Professions. Oxford University Press. pp. 23--48.
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  18.  9
    Misplaced Fidelity.David Luban - unknown
    This paper is a review essay of W. Bradley Wendel's Lawyers and Fidelity to Law, part of a symposium on Wendel's book. Parts I and II aim to situate Wendel's book within the literature on philosophical or theoretical legal ethics. I focus on two points: Wendel's argument that legal ethics should be examined through the lens of political theory rather than moral philosophy, and his emphasis on the role law plays in setting terms of social coexistence in the midst of (...)
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  19. Unthinking the Ticking Bomb.David Luban - 2009 - In Charles R. Beitz & Robert E. Goodin (eds.), Global Basic Rights. Oxford University Press.
     
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  20.  38
    Markovits, Daniel . A Modern Legal Ethics: Adversary Advocacy in a Democratic Age . Princeton, NJ: Princeton University Press, 2008. Pp. Xii+361. $29.95 (Cloth). [REVIEW]David Luban - 2010 - Ethics 120 (4):864-869.
  21.  34
    Book ReviewsJon Elster,. Closing the Books: Transitional Justice in Historical Perspective.Cambridge: Cambridge University Press, 2004. Pp. 298+Xii. $24.99. [REVIEW]David Luban - 2006 - Ethics 116 (2):409-412.
  22. Lawyers and Justice.David Luban - 1990 - Law and Philosophy 9 (3):311-317.
     
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  23. Preventive War and Human Rights.David Luban - 2007 - In Henry Shue & David Rodin (eds.), Preemption: Military Action and Moral Justification. Oxford University Press.
     
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  24.  7
    On the Humanity of the Enemy of Humanity.David Luban - 2018 - Netherlands Journal of Legal Philosophy 47 (2):187-199.
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  25.  32
    The War on Terrorism and the End of Human Rights.David Luban - unknown
    In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The (...)
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  26. On Habermas on Arendt on Power.David Luban - 1979 - Philosophy and Social Criticism 6 (1):80-95.
  27.  54
    Natural Law as Professional Ethics: A Reading of Fuller.David Luban - 2001 - Social Philosophy and Policy 18 (1):176-205.
    In Plato's Laws, the Athenian Stranger claims that the gods will smile only on a city where the law This passage is the origin of the slogan an abbreviation of which forms our phrase From Plato and Aristotle, through John Adams and John Marshall, down to us, no idea has proven more central to Western political and legal culture. Yet the slogan turns on a very dubious metaphor. Laws do not rule, and the is actually a specific form of rule (...)
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  28.  5
    The Enemy of All Humanity.David Luban - 2018 - Netherlands Journal of Legal Philosophy 47 (2):112-137.
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  29.  21
    The Paradox of Deterrence Revived.David Luban - 1986 - Philosophical Studies 50 (1):129 - 141.
  30.  15
    The Coiled Serpent of Argument: Reason, Authority, and Law in a Talmudic Tale.David Luban - unknown
    One of the most celebrated Talmudic parables begins with a remarkably dry legal issue debated among a group of rabbis. A modern reader should think of the rabbis as a collegial court, very much like a secular appellate court, because the purpose of their debate is to generate edicts that will bind the community. The issue under debate concerns the ritual cleanliness of a baked earthenware stove, sliced horizontally into rings and cemented back together with unbaked mortar. Do the laws (...)
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  31. War After September 11.Benjamin R. Barber, Lloyd J. Dumas, Robert K. Fullinwider, William A. Galston, Paul W. Kahn, Judith Lichtenberg & David Luban - 2002 - Rowman & Littlefield Publishers.
    War After September 11 considers the just aims and legitimate limits of the United States' response to the terrorist attacks of September 11, 2001.
     
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  32.  5
    Explaining Dark Times: Hannah Arendt's Theory of Theory.David Luban - 1983 - Social Research 50.
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  33.  15
    Integrity: Its Causes and Cures.David Luban - unknown
    Integrity is a good thing, isn't it? In ordinary parlance, we sometimes use it as a near synonym for honesty, but the word means much more than honesty alone. It means wholeness or unity of person, an inner consistency between deed and principle. "Integrity" shares etymology with other unity-words-integer, integral, integrate, integration. All derive from the Latin integrare, to make whole. And the person of integrity is the person whose conduct and principles operate in happy harmony. Our psyches always seek (...)
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  34.  1
    Philosophical Legal Ethics: An Affectionate History.David Luban & W. Bradley Wendel - 2017 - Georgetown Journal of Legal Ethics 30 (3):337-364.
    The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in (...)
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  35.  62
    Torture and the Ticking Bomb.David Luban - 2006 - The Philosophers' Magazine 34 (34):45-48.
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  36. War Crimes : The Law of Hell.David Luban - 2008 - In Larry May & Emily Crookston (eds.), War: Essays in Political Philosophy. Cambridge University Press.
     
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  37.  41
    Lawyers as Upholders of Human Dignity (When They Aren't Busy Assaulting It).David Luban - unknown
    David Luban argues in this lecture that the moral foundation of the lawyer's profession lies in the defense of human dignity-and the chief moral danger facing the profession arises when lawyers assault human dignity rather than defend it. The concept of human dignity has a rich philosophical tradition, with some philosophers identifying human dignity as a metaphysical property of individuals-a property such as having a soul, or possessing autonomy. Luban argues instead that human dignity is a relational property of "the (...)
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  38.  32
    Human Rights Thinking and the Laws of War.David Luban - unknown
    In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.” Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general (...)
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  39. The Conscience of a Prosecutor.David Luban - 2010 - Philosophy and Public Policy Quarterly 30 (1/2):8-13.
    Should a prosecutor throw a case to avoid keeping men he thinks are innocent in prison? The startling case of justice gone awry in the Palladium nightclub murder raises new questions about the role that conscience should play in lawyers’ ethics, when conscience presses one way but professional rules press the other.
     
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  40. Legal Modernism.David Luban - 1994
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  41.  48
    War Crimes and Collective Wrongdoing: A Reader.David Luban - 2002 - Philosophical Review 111 (4):620-624.
    Genghis Khan is supposed to have said, “Man’s highest joy is victory: to conquer one’s enemies, to hunt them down, to deprive them of their possessions, to make their loved ones weep, and to bed their wives and daughters.” Today, no ruler would dare utter such sentiments, and what the Khan called man’s highest joy would now be condemned everywhere as crimes against humanity and “grave breaches”—lawyerspeak for the most serious war crimes. Nevertheless, the U.S. killed more civilians in a (...)
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  42.  13
    The Self: Metaphysical Not Political: David Luban.David Luban - 1995 - Legal Theory 1 (4):401-437.
    According to communitarian antiliberals, liberalism is fatally marred by a false metaphysics of the self. Liberalism, communitarians charge, regards the self as atomistic, isolated, presocial, ahistorical, “Cartesian,” Crusoeesque, essentially independent of other selves—in Michael Sandel's felicitous word, “unencumbered.” In reality, the self is constituted by relationships with others, hence by its contingent history. The self is fundamentally historical and social, and a true metaphysics of the self would, in the words of George Fletcher, take “relationships as logically prior to the (...)
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  43.  16
    Smith Against the Ethicists.David Luban - 1990 - Law and Philosophy 9 (4):417 - 433.
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  44.  11
    Professional Ethics: A New Code for Lawyers?David Luban - 1980 - Hastings Center Report 10 (3):11-15.
  45.  18
    Time-Mindedness and Jurisprudence.David Luban - unknown
    Analytic jurisprudence often strikes outsiders as a discipline unto itself, unconnected with the problems that other legal scholarship investigates. Gerald Postema, in the article to which this paper responds, traces this “unsociability” to two narrowing defects in the project of analytic jurisprudence: from Austin on, it has concerned itself largely with the analysis of professional concepts, without connecting that analysis with other disciplines that study law, nor with the history of jurisprudence itself, nor with general philosophy; analytic jurisprudence studies only (...)
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  46.  17
    Loyalty: An Essay on the Morality of Relationships by George P. Fletcher. [REVIEW]David Luban - 1994 - Journal of Philosophy 91 (3):144-148.
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  47.  22
    The Legacies of Nuremberg.David Luban - 2008 - In Guénaël Mettraux (ed.), Social Research. Oxford University Press.
  48.  33
    Book Review:The Lost Lawyer: Failing Ideals of the Legal Profession. Anthony T. Kronman. [REVIEW]David Luban - 1995 - Ethics 105 (4):947-.
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  49.  39
    The Form of the Good in the Republic.David Luban - 1978 - Journal of Value Inquiry 12 (3):161-168.
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  50.  31
    Stuart Hampshire, Justice Is Conflict:Justice Is Conflict.David Luban - 2001 - Ethics 112 (1):156-157.
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1 — 50 / 71