PROBLEM AREAS IN LEGAL ETHICSSHINING MOMENTS

NELSON MANDELA South-African anti-apartheid revolutionary, politician, philanthropist,

former President of South Africa (first black chief executive) o Apartheid- a social system in South Africa in which black people

and people from other racial groups did not have the same political and economic rights as white people and were forced to live separately from white people

An African nationalist and democratic socialist who served as the President of the African National Congress (ANC)

Studied law at the University of Witwatersrand but left the university because of lack of finances. He resumed his study at the University of London after his imprisonment but also did not complete the degree. While in his last months of imprisonment, he obtained an LLB through the University of South Africa, graduating in absentia during the grad ceremony

Launched a campaign of civil disobedience against six unjust laws; was charged under the Suppression of Communism Act, suspended for two years

Was arrested in a countrywide police swoop which led to the 1956 Treason Trial, wherein men and women of all races found themselves in the dock in the marathon trial that ended when the last 28 accused, including Mandela were acquitted

Led the an armed struggle and established the “Spear of the Nation”. He secretly left South Africa and travelled around Africa to gain support for the armed struggle. He was arrested in a police roadblock. He was charged with leaving the country w/o a permit and inciting workers to strike. He was imprisoned and was tried in what became known as the Rivonia Trial.

After serving 27 years in prison, he was released in 1989, after the unbanning of his party, the ANC

In 1993, he won the Nobel Peace Price During his presidency, he introduced measures to encourage land

reform, combant poverty and expand healthcare services. He declined a second term.

Famous quotes:o “The greatest glory in living lies in not in never falling but in

rising everytime we fall.” o “For to be free is not merely to cast off one’s chains, but to live

in a way that respects and enhances the freedom of others.”

ABRAHAM LINCOLN 16th President of the United States

Was elected to the Illinois state legislature, viewed slavery not as a moral wrong but as an impediment to economic development

Taught himself the law by reading William Blackstone’s Commentaries on the Laws of England

As a member of the US House of Representatives, he used his term to speak out against the Mexican-American War, which made him unpopular in his home town. He decided not to run for second term, but instead returned to practicing law

In one case, a witness claimed that he could identify Lincoln’s client who was accused of murder, because of the intense light from a full moon. Lincoln referred to an almanac, and proved that the night in question had been too dark for the witness to see anything clearly. His client was acquitted.

When Congress passed a law allowing individual states and territories to decide for themselves whether to allow slavery (the law provoked violent opposition and gave rise to the Republican party), Lincoln’s political zeal was awakened once more, and his views on slavery moved more toward moral indignation. He joined the Republican party.

When the Supreme Court issued a controversial decision declaring that African Americans were not citizens and had no inherent rights, Lincoln said that he believed that the America’s founders intended that all men were created with certain inalienable rights (though he felt that African Americans were not equal to whites). He challenged the sitting senator for a senate seat, criticizing the latter, the Supreme Court and the President for promoting slavery and declared: “a house divided cannot stand.”

Was assassinated by well-known actor and Confederate sympathizer John Wilkes Booth

Led the US through its Civil War (its bloodiest war and its greatest moral, constitutional and political crisis), preserving the Union .

Famous quotes:o “Discourage litigation. Persuade your neighbors to compromise

whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.”

JOSE W. DIOKNO Filipino nationalist who served as Senator of the Philippines; Founding

chair of the Commission on Human Rights, and founder of the Free Legal Assistance Group

The only person to top both the bar exams and the board exam for CPAs.

His career was dedicated to the promotion of human rights, defense of Philippine sovereignty, and the enactment of pro-Filipino economic legislation.

His law studies (in UST) were interrupted by the outbreak of the WWII. During the war, he continued his education by reading his father’s law books. When the war was over, he was granted a special dispensation by the SC and allowed to take the Phil. Bar Exams despite having never completed a law degree.

Famous cases: Battling libel charges against Manila Mayor Arsenio Lacson, winning an election case on behalf of his father

Appointed Secretary of Justice during the term of Diosdado Macapagal Stonehill v. Diokno: In 1962, he ordered a raid on a firm owned by

Harry Stonehill, an American businessman who was suspected of tax evasion and bribing public officials. The investigation on Stonehill revealed corruption within the government ranks. Howevever, Macapagal intervened, accepting a deal absolving Stonehill in exchange for his deportment, and ordering Diokno’s resignation. Diokno questioned Macapagal’s actions, saying: “How can the government now prosecute the corrupted when it has allowed the corrupter to go?”

Ran for Senate, won, became chairman of the Senate Economic Affairs Committee, worked for the passage of pro-Filipino legislation, most notably the Industrial Inventives Law, providing incentives to Filipino investors and entrepreneurs in order to place control of the Philippine economy in the hands of Filipinos

Authored the Oil Industry Commission Bill, co-authored the Exports Incentives Act

Named Outstanding Senator by the Philippines Free Press from 1967 to 1970, amking him the only legislator to receive the recognition for four successive years

Resigned from the Nacionalista Party following Marcos’ suspension of the privilege of the writ of habeas corpus

Following the Jabidah Massacre, he said: “No cause is more worthy than the cause of human rights. They are what makes a man human. Deny them and you deny man’s humanity”

Was arrested by the armed soldiers during the Marcos regime, was brought to Crame and Fort Bonifacio where he was detained along with Ninoy Aquino. Spent nearly two years in detention, but no charge was ever filed against him. Was released during Marcos’ 57th birthday

Upon his release, he set up the Free Legal Assistance Group, which gave free services to the victims of martial law. He defended tribal groups, peasants, social workers threatened by exploitation and military atrocities.

“And so law in the land died. I grieve for it but I do not despair over it. I know, with a certainty no argument can turn, no wind can shake, that from its dust will rise a new and better law: more just, more human, and more humane. When that will happen, I know not. That it will happen, I know.

Was appointed during the Cory Aquino administration as the founding chairman of the Presidential Committee on Human Rights; was tasked to lead a government panel to negotiate for the return of rebel forces to government folds

Diokno resigned as he was disappointed by the Mendiola Massacre Was opposed to the establishment of American bases in the country According to an account by F. Sionil Jose, he was a very good writer

and speaker especially during political rallies, and also a very good photographer

Famous quotes: o "I know my people. We will be free. We will develop. We will build

our own societies. We will sing our own songs"o "The superior virtue is not to receive justice, it is to fight

relentlessly for it."