Is law an immoral profession? An appetizer for the cultivators of ethics and juridical deontology

被引:0
|
作者
Salas, Minor E. [1 ]
机构
[1] Univ Costa Rica, San Jose, Costa Rica
来源
关键词
moral; legal ethics and deontology; intrinsic immorality; codes of ethics; legal education; legal theory and philosophy; morals based on imperatives/morals based on circumstances;
D O I
暂无
中图分类号
B [哲学、宗教];
学科分类号
01 ; 0101 ;
摘要
Many of the advices of legal ethics and deontology leading to elaborate, in a very abstract manner, the profile of a good lawyer are basically naive, but above all useless. These advices are born of a double prejudice which is very common nowadays: a) first, that it is possible to teach morality to any professional person- in this case to the lawyer who has already graduated- for which purpose some codes of ethics meticulously written and some moral courses (taught at weekend time!) will suffice. b) Second, that it is possible to practice the legal profession according to strict moral criteria. In this essay, both beliefs are theoretically demystified to show that the daily practice of law requires, in view of its internal logic and dynamic, a certain magnitude of dishonesty and therefore of immorality. The amount of this will depend on the particular person considered. Finally, the article studies (not as a mere recipe, but as a heuristic suggestion) how to fight, so far as possible, this intrinsic immorality of the legal profession.
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页码:581 / 600
页数:20
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