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Legal Ethics最新文献

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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
IF 1
Legal Ethics Pub Date : 2023-07-13 DOI: 10.1080/1460728x.2023.2235183
Thom Snijders
{"title":"Virtuous judges, politicisation, and decision-making in the judicialized legal landscape","authors":"Thom Snijders","doi":"10.1080/1460728x.2023.2235183","DOIUrl":"https://doi.org/10.1080/1460728x.2023.2235183","url":null,"abstract":"","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46055271","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
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》
IF 1
Legal Ethics Pub Date : 2023-06-24 DOI: 10.1080/1460728x.2023.2227554
K. Douglas, Lola Akin Ojelabi
{"title":"Lawyers’ ethical and practice norms in mediation: including emotion as part of the Australian Guidelines for Lawyers in Mediation","authors":"K. Douglas, Lola Akin Ojelabi","doi":"10.1080/1460728x.2023.2227554","DOIUrl":"https://doi.org/10.1080/1460728x.2023.2227554","url":null,"abstract":"","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44765243","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
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
IF 1
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":" ","pages":"25 - 45"},"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}
引用次数: 0
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
IF 1
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":"25 1","pages":"88 - 108"},"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
IF 1
Legal Ethics Pub Date : 2022-07-03 DOI: 10.1080/1460728x.2023.2206291
Deanne Sowter
{"title":"The bounds of legality: an exploration of the limits on ethical advocacy in family law","authors":"Deanne Sowter","doi":"10.1080/1460728x.2023.2206291","DOIUrl":"https://doi.org/10.1080/1460728x.2023.2206291","url":null,"abstract":"ABSTRACT It seems to be commonly understood that sometimes a family lawyer’s advocacy can go too far; however, absent disciplinary proceedings or a claim in negligence, it is not always easy to identify exactly what line a lawyer has crossed. A lawyer’s role, properly understood, is to pursue their client’s interests within the bounds of legality. In this paper, I examine the positivist conception of the bounds of legality in the context of family law. My examination includes consideration of adversarial and non-adversarial advocacy, how much resolve a lawyer can properly use as an advocate, and the means of a lawyer’s craft – both substantive and procedural tactics. In doing so, I provide a theoretical mapping of the bounds of legality, demonstrating that they are insufficient in family law. My aim is to provide the theoretical tools to help inform change to family law, and the law and professional rules governing lawyers.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":"25 1","pages":"4 - 25"},"PeriodicalIF":1.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43184298","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
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
IF 1
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":"25 1","pages":"64 - 87"},"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}
引用次数: 0
‘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
IF 1
Legal Ethics Pub Date : 2022-07-03 DOI: 10.1080/1460728x.2022.2111153
J. Ching, G. Ferris, J. Jarman
{"title":"‘To act is to be committed, and to be committed is to be in danger’: the vulnerability of the young lawyer in ethical crisis","authors":"J. Ching, G. Ferris, J. Jarman","doi":"10.1080/1460728x.2022.2111153","DOIUrl":"https://doi.org/10.1080/1460728x.2022.2111153","url":null,"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.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":"25 1","pages":"44 - 63"},"PeriodicalIF":1.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44299017","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
Trends in legal ethics research: a bibliometric analysis 法律伦理研究趋势:文献计量学分析
IF 1
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":"25 1","pages":"109 - 133"},"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
Ethics in practice in asylum law: asylum legal aid lawyers’ moral reasoning in respect of ‘hopeless cases’ 庇护法实践中的伦理:庇护法律援助律师对“无望案件”的道德推理
IF 1
Legal Ethics Pub Date : 2022-07-03 DOI: 10.1080/1460728x.2022.2124068
T. Butter
{"title":"Ethics in practice in asylum law: asylum legal aid lawyers’ moral reasoning in respect of ‘hopeless cases’","authors":"T. Butter","doi":"10.1080/1460728x.2022.2124068","DOIUrl":"https://doi.org/10.1080/1460728x.2022.2124068","url":null,"abstract":"ABSTRACT The aim of this paper is twofold: first, it seeks to provide a better understanding of lawyers’ ethics in practice in the field of publicly funded asylum law. It does so by examining Dutch asylum legal aid lawyers’ moral reasoning in respect of the ethically challenging issue of ‘the hopeless case’, employing a version of Christine Parker’s four approaches to moral reasoning in legal practice: adversarial advocacy, responsible lawyering, moral activism and relational lawyering. Second, it aims to demonstrate the applicability of Parker’s taxonomy, developed in a common law country (Australia), to a civil law country (The Netherlands). This paper shows, in line with what Parker argued, that lawyers may apply a combination of approaches – different ethical considerations carry different in weight in different circumstances. It provides illustrations of situations in which approaches coexist and compete and the circumstances in which one prevails over the other in the area under review.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":"25 1","pages":"26 - 43"},"PeriodicalIF":1.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41426552","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
The corporate general counsel who respects human rights 尊重人权的公司法律总顾问
IF 1
Legal Ethics Pub Date : 2021-10-07 DOI: 10.1080/1460728x.2021.1979731
John F. Sherman III
{"title":"The corporate general counsel who respects human rights","authors":"John F. Sherman III","doi":"10.1080/1460728x.2021.1979731","DOIUrl":"https://doi.org/10.1080/1460728x.2021.1979731","url":null,"abstract":"<p><b>ABSTRACT</b></p><p>Global soft law (notably the 2011 UN Guiding Principles on Business and Human Rights ‘UNGPs’), multistakeholder norms, the business practices and policies of leading companies, the expectations of investors and stakeholders, and hard law in a growing number of jurisdictions, all expect that businesses should respect human rights in their operations and in their value chains. The COVID 19 pandemic has made it urgent for corporate legal departments, led by the general counsel, to support the company’s commitment to respect human rights. This means using human rights due diligence to improve human rights performance, rather than as a paper exercise intended primarily to avoid legal liability. This paper provides practical guidance on how corporate general counsel can help their companies conduct authentic and robust human rights due diligence by acting as technical legal experts, wise counsellors, and leaders.</p>","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":"23 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138526714","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
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