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David Luban [88]David Jay Luban [1]
  1. Just war and human rights.David Luban - 1980 - Philosophy and Public Affairs 9 (2):160-181.
  2. 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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  3.  84
    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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  4.  15
    Lawyers and Justice: An Ethical Study.David Luban - 1989 - Princeton University Press.
    The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this (...)
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  5.  6
    Just War and Human Rights.David Luban - 1985 - In Lawrence A. Alexander (ed.), International Ethics: A Philosophy and Public Affairs Reader. Princeton University Press. pp. 195-217.
  6.  62
    Preventive War.David Luban - 2004 - Philosophy and Public Affairs 32 (3):207-248.
  7.  69
    War as Punishment.David Luban - 2011 - Philosophy and Public Affairs 39 (4):299-330.
  8. 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. New York: Oxford University Press.
  9. The Good Lawyer: Lawyers' Roles and Lawyers' Ethics.David Luban - 1984 - Law and Philosophy 3 (3):431-436.
     
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  10. Human dignity, humiliation, and torture.David Luban - 2009 - Kennedy Institute of Ethics Journal 19 (3):pp. 211-230.
    Modern human rights instruments ground human rights in the concept of human dignity, without providing an underlying theory of human dignity. This paper examines the central importance of human dignity, understood as not humiliating people, in traditional Jewish ethics. It employs this conception of human dignity to examine and criticize U.S. use of humiliation tactics and torture in the interrogation of terrorism suspects.
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  11. The romance of the nation-state.David Luban - 1980 - Philosophy and Public Affairs 9 (4):392-397.
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  12.  51
    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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  13. Legal Ethics and Human Dignity.David Luban - 2007 - New York: 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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  14.  24
    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 (eds.) - 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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  15. Bargaining and compromise: Recent work on negotiation and informal justice.David Luban - 1985 - Philosophy and Public Affairs 14 (4):397-416.
  16. Lawyers and Justice.David Luban - 1990 - Law and Philosophy 9 (3):311-317.
     
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  17.  19
    Torture, Power, and Law.David Luban - 2014 - Cambridge University Press.
    This volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, (...)
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  18. Human rights pragmatism and human dignity.David Luban - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, United Kingdom: Oxford University Press UK.
     
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  19. Risk Taking and Force Protection.David Luban - 2013 - In Yitzhak Benbaji & Naomi Sussmann (eds.), Reading Walzer. New York: Routledge.
     
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  20.  25
    Arendt on the Crime of Crimes.David Luban - 2015 - Ratio Juris 28 (3):307-325.
    Genocide is the intentional destruction of a group as such. What makes groups important, over and above the individual worth of the group's members? This paper explores Hannah Arendt's efforts to answer that question, and concludes that she failed. In the course of the argument, it examines her understanding of Jewish history, her ideas about “the social,” and her conception of “humanity” as a normative stance toward international responsibility rather than a descriptive concept.
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  21.  35
    Beyond Moral Minimalism.David Luban - 2006 - Ethics and International Affairs 20 (3):353-360.
  22.  9
    The Romance of the Nation-State.David Luban - 1985 - In Lawrence A. Alexander (ed.), International Ethics: A Philosophy and Public Affairs Reader. Princeton University Press. pp. 238-244.
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  23.  59
    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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  24. 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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  25.  46
    Hannah Arendt Meets QAnon: Conspiracy, Ideology, and the Collapse of Common Sense.David Luban - unknown
    A June 2020 survey found one in four Americans agreeing that “powerful people intentionally planned the coronavirus outbreak.” In fall 2020, seven percent said they believe the elaborate and grotesque mythology of QAnon; another eleven percent were unsure whether they believe it. November and December 2020 found tens of millions of Americans believing in election-theft plots that would require superhuman levels of coordination and secrecy among dozens, perhaps hundreds, of otherwise-unconnected and unidentified miscreants. Conspiracy theories are nothing new, and they (...)
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  26.  17
    The Enemy of All Humanity.David Luban - 2018 - Netherlands Journal of Legal Philosophy 47 (2):112-137.
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  27.  23
    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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  28.  34
    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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  29.  11
    The Moral Foundations of Professional Ethics.David Luban & Alan H. Goldman - 1981 - Hastings Center Report 11 (3):38.
    Book reviewed in this article: The Moral Foundations of Professional Ethics. By Alan H. Goldman.
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  30.  50
    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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  31.  70
    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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  32. On Habermas on Arendt on power.David Luban - 1979 - Philosophy and Social Criticism 6 (1):80-95.
  33.  26
    Explaining Dark Times: Hannah Arendt's Theory of Theory.David Luban - 1983 - Social Research: An International Quarterly 50.
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  34.  39
    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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  35.  19
    Personality Disruption as Mental Torture: The CIA, Interrogational Abuse, and the U.S. Torture Act.David Luban & Katherine S. Newell - 2019 - Georgetown Law Journal 108 (2).
    This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the (...)
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  36.  34
    The paradox of deterrence revived.David Luban - 1986 - Philosophical Studies 50 (1):129 - 141.
  37. 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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  38.  4
    Legal Modernism.David Luban - 2010 - Ann Arbor: University of Michigan Press.
    Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of (...)
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  39.  12
    Moral Injury and Atonement.David Luban - 2023 - Journal of Military Ethics 22 (3):214-226.
    This article, originally presented as a keynote address at the 2019 McCain conference, proposes that we must take seriously the “moral” component of moral injury. In addition to psychological treatment, wounded warriors suffering moral injury require atonement for genuine transgressions, and insight when the conduct they regard as transgression actually is not. The article defines the dimensions of moral injury as parallel to those of physical injury: pain, loss of functionality, and (in some cases) disfigurement. It then asks how atonement (...)
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  40. Law's Blindfold.David Luban - 2001 - In Michael Davis & Andrew Stark (eds.), Conflict of interest in the professions. New York: Oxford University Press. pp. 23--48.
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  41.  75
    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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  42.  5
    Moral Injury and Atonement.David Luban - 2024 - Journal of Military Ethics 22 (3):214-226.
    This article, originally presented as a keynote address at the 2019 McCain conference, proposes that we must take seriously the “moral” component of moral injury. In addition to psychological treatment, wounded warriors suffering moral injury require atonement for genuine transgressions, and insight when the conduct they regard as transgression actually is not. The article defines the dimensions of moral injury as parallel to those of physical injury: pain, loss of functionality, and (in some cases) disfigurement. It then asks how atonement (...)
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  43.  26
    Professional Ethics.David Luban - 2003 - In R. G. Frey & Christopher Heath Wellman (eds.), A Companion to Applied Ethics. Malden, MA: Wiley-Blackwell. pp. 583–596.
    This chapter contains sections titled: Three Faces of Professional Ethics Role Morality A First Try at a Solution: Two‐level Structures A Friendly Amendment: From Two Levels to Four Adversarial Professional Roles The Reciprocal Adjustment of Means and Ends Role Morality as Natural Law.
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  44.  21
    The publicity of law and the regulatory state.David Luban - 2002 - Journal of Political Philosophy 10 (3):296–316.
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  45.  41
    International Law and Theories of Global Justice.Steven Ratner, David Luban, Carmen Pavel, Jiewuh Song & James Stewart - unknown
    International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to explore the moral (...)
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  46.  37
    Complicity and Lesser Evils: A Tale of Two Lawyers.David Luban - forthcoming - Georgetown Journal of Legal Ethics.
    Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. Staying may make them complicit in evil policies; it also runs the danger of inuring them to wrongdoing, just as their presence on the job helps inure others. At the same time, staying may be their only opportunity to mitigate those policies – to make evils into lesser evils – and to (...)
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  47.  11
    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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  48.  23
    Commentary: Torture and the professions.David Luban - 2007 - Criminal Justice Ethics 26 (2):2-66.
  49.  35
    The Cambridge Companion to Hannah Arendt.David Luban - 2003 - Ethics 113 (3):724-730.
    Hannah Arendt was one of the foremost political thinkers of the twentieth century, and her particular interests have made her one of the most frequently cited thinkers of our time. This Companion examines the primary themes of her multi-faceted work, from her theory of totalitarianism and her controversial idea of the 'banality of evil' to her classic studies of political action and her final reflections on judgment and the life of the mind. Each essay examines the political, philosophical, and historical (...)
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  50.  17
    Review essay / A fierce blindness.David Luban - 1986 - Criminal Justice Ethics 5 (1):69-78.
    Kenneth Mann, Defending White Collar Crime: A Portrait of Attorneys at Work New Haven: Yale University Press, 1985, xiii + 280pp.
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