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Legal Ethics and Professional Responsibility

Georgetown University Law Center

Georgetown Law Faculty Publications and Other Works

1996

Articles 1 - 2 of 2

Full-Text Articles in Law

Codes And Virtues: Can Good Lawyers Be Good Ethical Deliberators?, Heidi Li Feldman Jan 1996

Codes And Virtues: Can Good Lawyers Be Good Ethical Deliberators?, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Regardless of its specific contents, any black letter statutory codification regulating lawyers' conduct will be flawed as an instrument of ethics for lawyers. This is the central thesis of this Article. It is motivated by the idea that typical statutory prohibitions and permissions are likely to stunt sentimental responsiveness, a key feature of good ethical deliberation. Additionally, a certain technocratic mode of legal analysis heightens this tendency. Although other styles of lawyering might better engender sentimental responsiveness, statutory codes of lawyers' ethics do not invite this style as readily as a welldeveloped common law of lawyers' ethics would.


Beyond Autonomy: Coercion And Morality In Clinical Relationships, Maxwell Gregg Bloche Jan 1996

Beyond Autonomy: Coercion And Morality In Clinical Relationships, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This article considers the problem of line-drawing between autonomy-preserving and autonomy-negating influence in clinical relationships. The author’s purpose is not to propose particular boundaries, either with respect to reproductive decisions by HIV-infected women or for other clinical choices. Rather, he attempts to shed some light on what drives our disputes about whether one or another influence method is compatible with autonomous choice.

The author argues that such disagreements reflect underlying conflicts between normative commitments, and that resolving these conflicts is essential to settling controversies over whether particular influences unduly interfere with autonomous choice. Alternative understandings of the prerequisites for autonomous …