LAWYERS, LAWYERING, AND CHINESE PHILOSOPHY

The internal title of this blog is the title of an essay I published in 34.4. Tx. Tech. L. Rev. 933-1007 (2003).  See the link below.

It is an adaptation of the ANALECTS of Confucius focusing on the practice of law.  It is not a metaphysical essay, or about a chapter in the history of philosophy in China. It is not a translation, since I neither speak nor read any of the Chinese languages. One might wish to keep in mind that Confucius lived from 551 to 479 BC.

In fact, my delving into the rest of Chinese literature, except for a few short philosophical studies, might be said to have been nearly restricted to THE PLUM IN THE GOLDEN VASE and then only to Volume One, and the more cynical of the readers may be inclined to restrict their acceptance of my claims as truthful to some selected sections of even that.

What I did was quite different. I read a then recent translation of the ANALECTS and was struck by how much wisdom it might have for the practice of law in the USA in our times. So I worked my way through it; “translated” it in my very restricted and unusual sense; wrote a Preface and an Afterword, and the Tech Law Review was kind enough to publish it for me. 

One can get it off WestLawNext, or mere WestLaw, in a matter of seconds, or one can go to my website, www.michaelseanquinn.com, go to the articles section, look down the list, and print from there. 

Those who find applied philosophy in the context of lawyer professional prudence, professional ethics, and just plain ethics might fine the text interesting to read and a source of contemplation and meditation.  

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