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I Do Solemnly Swear: The Moral Obligations of Legal Officials
 
 
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I Do Solemnly Swear: The Moral Obligations of Legal Officials [Hardcover]

Steve Sheppard (Author)
5.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

0521513685 978-0521513685 April 27, 2009 1
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.

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Editorial Reviews

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

Book Description

How should morals change what officials do? The arguments of scholars have been controversial and hard to understand. This book bridges the gap and describes law and morals as working together in a way that isn't really controversial, just hard. It requires officials to work for the common good and in good faith, and to put the people over party, money, and negligence. Real laws require good morals, and this book uses cases from Pontius Pilate to Eliot Sptizer to teach how officials can do it right.

Product Details

  • Hardcover: 304 pages
  • Publisher: Cambridge University Press; 1 edition (April 27, 2009)
  • Language: English
  • ISBN-10: 0521513685
  • ISBN-13: 978-0521513685
  • Product Dimensions: 8.9 x 6.2 x 0.9 inches
  • Shipping Weight: 1.2 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #3,080,273 in Books (See Top 100 in Books)

More About the Author

Steve Sheppard grew up in Mississippi, where he went to school and college. He went to law school at Columbia and to grad school at Oxford, finishing his doctorate back at Columbia. Steve practiced law full-time for a while but still does amusing or important trials, mainly for charities and mainly in Mississippi.

He has taught law in many places, lecturing and giving scholarly papers in many countries. He teaches full time at the University of Arkansas, where he enjoys his students and colleagues and lives by a lake in the Ozark Mountains with his wife, kids, and dogs.

Sheppard loves the law and wishes more people cared about making it work well for its own sake. This is especially important for lawyers, officials, and judges. He also likes to get the story right, and his interests in legal history are mainly about understanding what really happened with and to the law.

Sheppard has been lucky to have great parents and teachers. Most of his best ideas were stolen from them.

 

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5.0 out of 5 stars An Important and Timely Message, December 14, 2010
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John Jackson (Richardson, Texas) - See all my reviews
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.
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
constitutional balance, autopoietic law, medieval political theology, charitable official, substantive discretion, moral ecology, role discretion, legal officials, moral breach
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Oxford University Press, United States, Cambridge University Press, Harvard University Press, The Interests of Others, The Moral Obligations of Legal Officials, Official Actions, Steve Sheppard, Princeton University Press, Supreme Court, New York Times, Yale University Press, Max Weber, Sir Edward Coke, Obligations Arise, University of Chicago Press, Patterns of Relationship, Breaching Obligations, More Than the Law Alone, General Court, Colonial Massachusetts, Marcus Tullius Cicero, John Finnis, Walter Miller, The Concept of Law
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