The Invisible Remainders of Lawyers’ Fidelity to the Law

Abstract This paper builds on Wendel's significant contribution to legal ethics, specifically his concept of the “moral remainders” arising from lawyers’ conduct. Wendel presents his theory using simplified cases, some of which help clarify his thesis, while others leave important complexities unaddressed. The paper has two main goals: First, it expands Wendel's framework to incorporate complex scenarios involving multiple conflicting moral requirements, revealing “invisible remainders” that simpler cases overlook. Second, it addresses Wendel's omission of situations where conflicting demands of fidelity to the law create distinct “legal remainders.” By introducing this category, the paper aims to refine and deepen Wendel's theory to better reflect the complexities of legal ethics.

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Publication Details

Journal
Ratio Juris
Published
2026-09-14
DOI
https://doi.org/10.1111/raju.70034
Primary Topic
Philosophical Ethics and Theory
Type
article
Field-Weighted Citation Impact
0.00
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article

The Invisible Remainders of Lawyers’ Fidelity to the Law

Hugo Omar Seleme
Ratio Juris
Philosophical Ethics and Theory
article

The Invisible Remainders of Lawyers’ Fidelity to the Law

Hugo Omar Seleme
article en

Abstract

Abstract This paper builds on Wendel's significant contribution to legal ethics, specifically his concept of the “moral remainders” arising from lawyers’ conduct. Wendel presents his theory using simplified cases, some of which help clarify his thesis, while others leave important complexities unaddressed. The paper has two main goals: First, it expands Wendel's framework to incorporate complex scenarios involving multiple conflicting moral requirements, revealing “invisible remainders” that simpler cases overlook. Second, it addresses Wendel's omission of situations where conflicting demands of fidelity to the law create distinct “legal remainders.” By introducing this category, the paper aims to refine and deepen Wendel's theory to better reflect the complexities of legal ethics.

Ratio Juris
Universidad Nacional de Córdoba (AR)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Philosophical Ethics and Theory
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