The Advocate's Leeway

in The Theory of Rules

Published by University of Chicago Press

Published in print April 2011 | ISBN: 9780226487953
Published online March 2013 | e-ISBN: 9780226487977 | DOI:
The Advocate's Leeway

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This chapter explores the rules as tools that are employed by advocates to buttress their desired outcomes. An advocate, once the cause is his, has as his trade to exploit not necessarily the leeway of the rules of law but the uttermost leeway of the available lines of respectable, honorable, persuasive argument afforded by going legal order. The leeway available for exploitation by advocates which the going system offers is a wide leeway is addressed. Advocacy attained perfection when it makes itself appear unnecessary. The hiddenness of advocate's leeway was not confined to judges; it extended to the advocates themselves. The net impact of advocate's leeway appeared peculiarly great in the system presented due to the multiplication into the range of leeway and its hiddenness of other factors. Finally, the beclouding by unskillful use of leeway is finally reported.

Keywords: advocates; leeway; rules of law; legal order; advocacy; judges

Chapter.  10240 words. 

Subjects: Jurisprudence and Philosophy of Law

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