William H. Simon

90 Texas L. Rev. 709

PDF Document

In his Review of Bradley Wendel’s Lawyers and Fidelity to Law, Professor Simon addresses the authoritarian theme that he identifies as persistent throughout the book. He argues that neither libertarianism nor authoritarianism is a plausible starting point for a general approach to legal ethics.  Further, he feels that in gesturing toward positivism and surrendering to less reflective authoritarian  impulses, Wendel’s argument underestimates the extent to which social order depends on informal as well as formal norms and adopts a utopian attitude toward constituted power.  He concludes that the book treats as analytical propositions what are in fact empirical assertions for which Wendel has no evidence.