A Skeptical Answer to Edmundson's Contextualism: What We Know We Lawyers Know

29 Pages Posted: 27 Oct 2002

See all articles by Rob Atkinson

Rob Atkinson

Florida State University - College of Law

Date Written: September 2002

Abstract

This article responds to Professor Edmundson's epistemological reformulation of the criminal defense paradigm, which holds that criminal defense lawyers are justified in assisting the known guilty avoid punishment. After showing that criminal defense lawyers can often be said to know whether their clients are guilty, in the ordinary sense of the word "know", the article challenges Professor Edmundson's suggestion that a special, more restrictive sense of "know" should be applied in the context of criminal defense. It concludes that we are still in the very real dilemma Professor Edmundson identifies: Our criminal justice system requires lawyers to represent the known guilty as if they were innocent, but it does not provide a convincing moral justification for that requirement.

Suggested Citation

Atkinson, Rob E., A Skeptical Answer to Edmundson's Contextualism: What We Know We Lawyers Know (September 2002). Available at SSRN: https://ssrn.com/abstract=333461 or http://dx.doi.org/10.2139/ssrn.333461

Rob E. Atkinson (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-4503 (Phone)

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