Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
On Lawyers And Moral Discernment, Robert E. Rodes
On Lawyers And Moral Discernment, Robert E. Rodes
Journal Articles
Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.
The Profession As A Moral Teacher, Thomas L. Shaffer
The Profession As A Moral Teacher, Thomas L. Shaffer
Journal Articles
Professional ethics is commonly understood as the standards listed in codes. But ethical codes that are removed from one’s character and the practice of the profession are corrupting. Rather, ethics are properly taught through the profession as a moral teacher. This Article argues that professional stories that instruct on real life experiences and one’s character better educate lawyers and doctors on ethical standards. Sound ethical codes in the profession are those which depend on character.