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: http://lawreligionculturereview.blogspot.com/2005/01/book-reviews-part-iii.html