Law Religion Culture Review

Exploring the intersections of law, religion and culture. Copyright by Richard J. Radcliffe. All rights reserved.

Monday, January 03, 2005

The Myth of Moral Justice?

The title of today’s blog entry comes from a 2004 book written by Fordham Law Professor Thane Rosenbaum, which I recently read. I’ll defer a full review of his book to a later time; however, I’ll extract now some ideas from his text.

In Chapters 6 and 7, Professor Rosenbaum argues that certain legal constructs are designed to hide truth. They include:

1. Settlements (especially with confidentiality clauses);
2. Plea bargains (really, a subset of number 1);
3. Rules of evidence;
4. Privileges (such as attorney-client);
5. Statutes of limitations; and
6. Zealous advocacy.

Two questions. First, is Professor Rosenbaum correct, at least in part? Second, if he is, then what should the religious (e.g., Christian) attorney’s response be?

UPDATE: Book reviewed here: