By Rand Jack, Dana Crowley Jack
What does it suggest at the present time to ''think like a lawyer''? Drawing on large interviews with women and men lawyers, the authors discover how ethical reasoning impacts legal professionals' knowing of justice and their very own position in selling it. This exam of private and institutional imperatives within the felony occupation, illustrated with quotations from the attorneys themselves, increases questions that go beyond conventional discussions of criminal ethics. The authors learn: the connection among gender and styles of ethical considering; the ways in which own morality impacts public accountability; the criminal system's reaction to social alterations in public ethics and in women's roles. for instance, has the new inflow of girls to the criminal career introduced ethical perspectives that problem the normal defining features of a lawyer's task? What occurs whilst a lawyer's own morality conflicts with the function calls for of the occupation? In end the authors provide feedback for positive alterations in criminal schooling and the code ethics to foster morally responsive democracy. All these taken with ethical reasoning, gender roles, and the evolution of the felony approach will locate this stimulating and well timed analyzing.
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Additional resources for Moral Vision and Professional Decisions: The Changing Values of Women and Men Lawyers
I had played the specified lawyer role and had secured justice according to the rules of the legal system, but my personal morality flinched at the hurt caused by this particular application of a generally sound legal rule. There was a substantial distance between the relevant concerns in my personal moral sphere and in my professional moral sphere. My personal morality told me that the hurt to the widow mattered and that it should affect my reaction to the situation. My professional role told me that the hurt was irrelevant and that vigorous, effective representation of my client was the prime consideration in determining the ethical quality of my action.
42 Several years ago at Window Rock on the Navajo reservation, we were told of a young Navajo attorney trained in a white law school. A Navajo judge warned him that if he did not stop competing so hard and pressing every advantage for the victory of his client, he would no longer be welcome to practice in tribal court. He was violating a taboo of community. As Laura Nader explains, Scarcity or perceived scarcity has an effect on how people behave. In terms of law, scarcity of land and other property crucial to subsistence leads people to use forums and procedures that will allow them to win, regardless of what it does to relationships.
Discrimination and arbitrariness are minimized. But the end result may be that concrete, critical considerations are ignored and innocent people are hurt. This is where Frances's perspective becomes a valuable safeguard. Preference of these lawyers for one moral focus over another is not simply a matter of taste but has an impact on institutional structures and power relationships. How lawyers view morality has implications for relationships, for all morality is basically a matter of relationships: How should we relate to others?