‘To act is to be committed, and to be committed is to be in danger’: the vulnerability of the young lawyer in ethical crisis

IF 16.4 1区化学 Q1 CHEMISTRY, MULTIDISCIPLINARY

Accounts of Chemical Research Pub Date : 2022-07-03 DOI:10.1080/1460728x.2022.2111153

J. Ching, G. Ferris, J. Jarman

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引用次数: 0

Abstract

ABSTRACT This paper takes as its starting point the phenomenon of young lawyers in ethical crisis. The teaching of ethics in the classroom and the ethos and environment of the law firm have created dissonance: knowing what it is right to do but being unable to do it. In examining this phenomenon, we develop the idea of commitment as a source of duty, loyalty, and courage that enables someone to accept and overcome reluctance to act ethically. Our conceptual framework combines two models: Fineman’s radical view that vulnerability is universal, but ameliorated by the assets available to the individual, and Rest’s four component model that provides a taxonomy of precursors for ethical action and resilience. We consider how the structures and the relationships between law schools, regulators and law firms, acting in combination, support or degrade ethical resilience and development of a commitment to ethical action. We close by considering how changes to the structure planned by one regulator in England and Wales deplete the assets available to the young lawyer and thereby the profession.

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“行动就是承诺，承诺就是危险”：年轻律师在道德危机中的脆弱性

摘要本文以青年律师道德危机现象为切入点。课堂上的道德教育以及律师事务所的风气和环境造成了不和谐：知道做什么是正确的，但却做不到。在研究这一现象时，我们将承诺视为责任、忠诚和勇气的源泉，使人们能够接受并克服不情愿的道德行为。我们的概念框架结合了两个模型：Fineman的激进观点，即脆弱性是普遍的，但通过个人可用的资产得到了改善；Rest的四个组成部分模型，为道德行动和韧性提供了前兆分类。我们考虑法学院、监管机构和律师事务所之间的结构和关系，结合起来，如何支持或降低道德韧性和道德行动承诺的发展。最后，我们将考虑英格兰和威尔士一家监管机构计划的结构变化如何耗尽年轻律师的可用资产，从而耗尽该行业的可用资产。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Accounts of Chemical Research 化学-化学综合

CiteScore

31.40

自引率

1.10%

发文量

312

审稿时长

2 months

期刊介绍： Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance. Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.