Monday, June 14, 2010
Legal Ethics and Moral Character
I highly recommend a new paper, Legal Ethics and Moral Character, by Brad Wendel and Alice Woolley. Legal ethics discourse is traditionally focused on coming up with a theory that explains and justifies the lawyer's role; Wendel and Woolley ask what a particular theory tells us about what kind of person a lawyer should be. In other words, they're trying to expand the focus from "What should a lawyer do?" to "How should the lawyer be?" I do not agree with every aspect of their analysis, but this is an important contribution to the debate. (And yes, they are part of a very select group of legal ethics scholars to quote MacIntyre!) The paper also serves as fertile ground for reflection among MoJ-ers: would Catholic legal theory suggest an ideal lawyer who looks significantly different from the ideal lawyer who would emerge from the dominant professional paradigm(s)? If so, in what way(s)?
https://mirrorofjustice.blogs.com/mirrorofjustice/2010/06/legal-ethics-and-moral-character.html