{"title":"(专业)法律伦理教育特刊,伊曼纽尔·范·东恩和杰特·蒂格切拉(主编)","authors":"E. Dongen, J. Tigchelaar","doi":"10.5553/rem/.000059","DOIUrl":null,"url":null,"abstract":"The theme of the special issue of Law and Method on Education in (Professional) Legal Ethics consists both of content-related as well as didactical-oriented contribu-tions, of which most are written in the Dutch language and two are written in the English language. The content-related approaches show that in education in legal ethics use can be made of professional standards, constitutional principles as well as general ethical theories (such as utilitarianism, deontology, and virtue ethics). Be-cause lawyers work with ‘the law’, broader or narrower conceptions of law (in relati-on to morality) also affect legal reasoning and are therefore relevant to education in professional legal ethics. However, these approaches are also put into perspective: the leap forward from moral reasoning based on abstract core values and ethical principles to morally correct action in concrete moral dilemmas in legal practice is a large one. Several solutions are proposed: I. teach ethics indirectly, stressing the importance of facts and of professional role consciousness, and of the importance of formal and informal respect for all concerned, as an essential part of the professional lawyers’ role (Kaptein – written in English); II. use insights from social psychology to overcome barriers to actual ethical behaviour (Becker and Mackor); III. use dialo-gues about case studies that demonstrate different aspects of judicial ethics for jud-ges (Brenninkmeijer&Bish – written in English) or IV. give (to future governmental lawyers) context-sensitive bottom-up moral dilemmas to enhance realism, alertness and role resistance against opposing forces (Van Lochem). A relevant theme in the didactical approaches to legal ethics is the absence or limited practical professional experience law students have, so that, for example, conversation techniques based on personal experience have limited value. At university level, this can be remedied and 10.5553/REM/.000059 legal ethics, followed by post-academic legal ethics education and legal practice as lifelong learning school. A contribution with a focus on the notary (Waaijer) high-lights the different approaches within this continuum.","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Special issue on Education in (Professional) Legal Ethics, Emanuel van Dongen & Jet Tigchelaar (eds.)\",\"authors\":\"E. Dongen, J. 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However, these approaches are also put into perspective: the leap forward from moral reasoning based on abstract core values and ethical principles to morally correct action in concrete moral dilemmas in legal practice is a large one. Several solutions are proposed: I. teach ethics indirectly, stressing the importance of facts and of professional role consciousness, and of the importance of formal and informal respect for all concerned, as an essential part of the professional lawyers’ role (Kaptein – written in English); II. use insights from social psychology to overcome barriers to actual ethical behaviour (Becker and Mackor); III. use dialo-gues about case studies that demonstrate different aspects of judicial ethics for jud-ges (Brenninkmeijer&Bish – written in English) or IV. give (to future governmental lawyers) context-sensitive bottom-up moral dilemmas to enhance realism, alertness and role resistance against opposing forces (Van Lochem). 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Special issue on Education in (Professional) Legal Ethics, Emanuel van Dongen & Jet Tigchelaar (eds.)
The theme of the special issue of Law and Method on Education in (Professional) Legal Ethics consists both of content-related as well as didactical-oriented contribu-tions, of which most are written in the Dutch language and two are written in the English language. The content-related approaches show that in education in legal ethics use can be made of professional standards, constitutional principles as well as general ethical theories (such as utilitarianism, deontology, and virtue ethics). Be-cause lawyers work with ‘the law’, broader or narrower conceptions of law (in relati-on to morality) also affect legal reasoning and are therefore relevant to education in professional legal ethics. However, these approaches are also put into perspective: the leap forward from moral reasoning based on abstract core values and ethical principles to morally correct action in concrete moral dilemmas in legal practice is a large one. Several solutions are proposed: I. teach ethics indirectly, stressing the importance of facts and of professional role consciousness, and of the importance of formal and informal respect for all concerned, as an essential part of the professional lawyers’ role (Kaptein – written in English); II. use insights from social psychology to overcome barriers to actual ethical behaviour (Becker and Mackor); III. use dialo-gues about case studies that demonstrate different aspects of judicial ethics for jud-ges (Brenninkmeijer&Bish – written in English) or IV. give (to future governmental lawyers) context-sensitive bottom-up moral dilemmas to enhance realism, alertness and role resistance against opposing forces (Van Lochem). A relevant theme in the didactical approaches to legal ethics is the absence or limited practical professional experience law students have, so that, for example, conversation techniques based on personal experience have limited value. At university level, this can be remedied and 10.5553/REM/.000059 legal ethics, followed by post-academic legal ethics education and legal practice as lifelong learning school. A contribution with a focus on the notary (Waaijer) high-lights the different approaches within this continuum.