Legal Ethics最新文献_第2页

A code of judicial ethics as a signpost and a beacon: on virtuous judgecraft and Dutch climate litigation 作为路标和灯塔的司法道德准则：论道德法官制度和荷兰气候诉讼

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Legal Ethics Pub Date : 2023-07-18 DOI: 10.1080/1460728x.2023.2235182

E. Mak

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Facilitating professional normative judgement through science-policy interfaces: the case of anthropogenic land subsidence in the Netherlands 通过科学政策接口促进专业规范判断：荷兰人为地面沉降案例

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Legal Ethics Pub Date : 2023-07-13 DOI: 10.1080/1460728x.2023.2235184

D. Hegger, P. Driessen, E. Stouthamer, Heleen L. P. Mees

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Virtuous judges, politicisation, and decision-making in the judicialized legal landscape 司法化法律环境中的法官、政治化和决策

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Legal Ethics Pub Date : 2023-07-13 DOI: 10.1080/1460728x.2023.2235183

Thom Snijders

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Lawyers’ ethical and practice norms in mediation: including emotion as part of the Australian Guidelines for Lawyers in Mediation 律师在调解中的道德和实践规范：将情感纳入《澳大利亚律师调解指南》

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Legal Ethics Pub Date : 2023-06-24 DOI: 10.1080/1460728x.2023.2227554

K. Douglas, Lola Akin Ojelabi

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Judging without railings: an ethic of responsible judicial decision-making for future generations 无偏见的审判:对后代负责任的司法决策的道德规范

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Legal Ethics Pub Date : 2023-01-02 DOI: 10.1080/1460728x.2023.2235175

Laura Davies, Laura Magdalena Henderson

{"title":"Judging without railings: an ethic of responsible judicial decision-making for future generations","authors":"Laura Davies, Laura Magdalena Henderson","doi":"10.1080/1460728x.2023.2235175","DOIUrl":"https://doi.org/10.1080/1460728x.2023.2235175","url":null,"abstract":"ABSTRACT Climate litigation presents specific challenges to judicial decision-making, related to uncertainties caused by the border-crossing nature of the applicable legal frameworks and the complexity of the climate system. Judiciaries around the world often turn to process-based review when dealing with such uncertainties. In process-based review, judges focus on ensuring that decision-making procedures are fair and inclusive of all relevant interests, instead of on substantive policy choices. However, in the case of climate litigation, it appears that where judges wish to use process-based review to avoid substantive judgments in the face of uncertainty, they cannot escape uncertainty about who to include and exclude from the processes. We argue that judges engaged in process-based review must develop an ethic of responsibility for those who are excluded from the democratic process by judicial decision. This ethic of responsibility focuses on the moment before and after the judicial decision, calling the judge's attention to her responsibility to become receptive to the ‘face of the other’ and to reflect on the ‘moral remainders’ caused by her decision. While the decision on exclusion remains based on uncertain grounds, this approach helps ensure it is taken responsibly.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43353726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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The discipline of, and failure to sanction, sexual misconduct by Australian legal practitioners 澳大利亚法律从业人员对性行为不端行为的惩戒，但未能予以制裁

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Legal Ethics Pub Date : 2022-07-03 DOI: 10.1080/1460728x.2022.2146965

J. Schulz, C. Forster, K. Diesfeld

{"title":"The discipline of, and failure to sanction, sexual misconduct by Australian legal practitioners","authors":"J. Schulz, C. Forster, K. Diesfeld","doi":"10.1080/1460728x.2022.2146965","DOIUrl":"https://doi.org/10.1080/1460728x.2022.2146965","url":null,"abstract":"ABSTRACT This article examines disciplinary proceedings about sexual misconduct by lawyers. Sexual misconduct in a professional relationship is harmful and unacceptable and should result in immediate disciplinary action to protect victims, future victims and the public. However, there is no explicit offence of sexual misconduct in Australian disciplinary legislation regarding lawyers. Rather, sexual misconduct must be linked to the statutory offences. While the Australian Solicitors’ Conduct Rules guide the interpretation of the offences, there is only express reference to sexual harassment. We examined tribunal and court legal disciplinary cases from 2000 to 2020 across all Australian jurisdictions in which sexual misconduct had occurred. Decision makers typically only considered sexual misconduct sufficiently egregious to meet the required standard of a disciplinary offence when accompanied by a criminal conviction. The conduct was often portrayed as a result of character flaws, rather than harmful to victims and the public. Thus, decision makers failed to locate the behaviour in the wider incidence of violence against women. The profession’s failure to acknowledge sexual misconduct reflects narrow professional norms which do not robustly protect victims. Explicit acknowledgement of sexual misconduct in disciplinary proceedings is essential. These amendments would signify the importance, frequency and impact of sexual misconduct.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46507415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The bounds of legality: an exploration of the limits on ethical advocacy in family law 合法性的边界：家庭法中伦理倡导的局限性探析

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Legal Ethics Pub Date : 2022-07-03 DOI: 10.1080/1460728x.2023.2206291

Deanne Sowter

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Valuing diverse students: an ethical response to building success in first-year law students and broadening the legal profession 重视多样化的学生：对一年级法学院学生取得成功和拓宽法律职业的伦理回应

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Legal Ethics Pub Date : 2022-07-03 DOI: 10.1080/1460728x.2023.2208964

Anna Cody, Sandra Noakes

{"title":"Valuing diverse students: an ethical response to building success in first-year law students and broadening the legal profession","authors":"Anna Cody, Sandra Noakes","doi":"10.1080/1460728x.2023.2208964","DOIUrl":"https://doi.org/10.1080/1460728x.2023.2208964","url":null,"abstract":"ABSTRACT Currently, most legal professions are not representative of the communities which they serve. They do not proportionally include diverse members of the community, nor ensure there are diverse practitioners represented in all areas of practice and at senior levels. This impacts on access to justice, a key premise of the law and legal system. One step to make the legal profession more diverse is for law schools to ensure that diverse law students are both admitted and enabled to succeed in their law degrees. While transition to university by diverse students has been analysed over the last 20 years, there remains a disjunct, with students’ cultural capital not being recognised, and students being expected to assimilate into the university, rather than their law studies moulding around them. Using a theoretical model of ‘transition as becoming’, this article analyses first-year law students at Western Sydney University Australia and their responses to a reflection survey. The study identified three key factors which enhance diverse law students’ success: recognising the family, work and caring responsibilities of students; enhancing peer support; and making study expectations explicit. In this way, the curriculum can become a vehicle for ensuring successful transition to law study by diverse students.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49563990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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

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Legal Ethics Pub Date : 2022-07-03 DOI: 10.1080/1460728x.2022.2111153

J. Ching, G. Ferris, J. Jarman

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Trends in legal ethics research: a bibliometric analysis 法律伦理研究趋势:文献计量学分析

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Legal Ethics Pub Date : 2022-07-03 DOI: 10.1080/1460728x.2023.2208967

Lijana Valanciene, D. Valančienė

{"title":"Trends in legal ethics research: a bibliometric analysis","authors":"Lijana Valanciene, D. Valančienė","doi":"10.1080/1460728x.2023.2208967","DOIUrl":"https://doi.org/10.1080/1460728x.2023.2208967","url":null,"abstract":"ABSTRACT This article explains the main theoretical aspects of legal ethics, identifies the nature and intellectual structures of legal ethics research, and examines the occurrences, relationships, interconnections, developments and emerging trends of the topic of legal ethics in global legal research, using one of the methods of scientometrics – bibliometric analysis. The annual growth of legal research outputs indexed by Scopus was about 7% over the entire period of study (1991–2020). The most popular type of research outputs in the field of legal ethics are research articles. A multidisciplinary scope of scholarly sources on legal ethics reveals the scholarly development of each field/scientific branch that is both unique and integrated with law and legal ethics, unfolds multifaceted perspectives of legal ethics research, and a contextual sociolegal approach to legal ethics as a social, societal, and political expression. Legal ethics is a much broader and more complex phenomenon than simply a set of codes/rules of ethics and requires integrated research: from an understanding of the particular impact and significance of legal education, ethical rules, and personal morality to ethical decision-making processes, cognitive and social factors.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45496095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0