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JasonLissyThirdPaper 3 - 08 Jul 2009 - Main.JasonLissy
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Attorney-Privilege & Violation of the Law | | | To the first, the lawyer occupies space proximate to the machinery of the state; she has access to unique modes of communication, while her training in the language of “transcendental nonsense” enables “effective” communication of her bottom-line. | |
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< | The lawyer’s comparative advantage, then, lies not in unlawful, potentially destabilizing agitation but in reformism. Where the direct action of the Haywoods of the world piques the attention of the state, attorneys render its machinery responsive to the ends sought. | >
> | The lawyer’s comparative advantage, then, lies not in unlawful, potentially destabilizing agitation but in reformism. Where the direct action of the Haywoods of the world piques the attention of the state, attorneys render its machinery responsive to the ultimate ends sought. | | | Further, the law requires that its citizens exhaust judicial recourse before taking unlawful action (see (1) the lack of necessity defense for indirect civil disobedience: U.S. v. Schoon; (2) collateral bar rules: Walker v. City of Birmingham ). By accepting the privileges of the law license, attorneys agree to exhaust all lawful recourse before taking additional measures. | |
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< | Since attorneys possess unique skill-sets and modes of access to the state, the need to disregard the law and resort to radical means is less compelling; necessity claims should be evaluated under a rigid standard. | >
> | Since attorneys possess unique skill-sets and modes of access to the state, the need to disregard the law and resort to radical means is less compelling; necessity claims should therefore be evaluated under a rigid standard. | | | Lastly, the source of attorney’s power to effect change with words lies in her legitimacy. Citizens trust attorneys to handle society’s most consequential dilemmas largely because their agency is steeped in and bounded by established principle, precedent, and doctrine (ChangingSocietyUsingWordsTalk). |
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