LLB197 Lecture Notes - Lecture 2: British American Tobacco, The Age, On Being
Week 2 – The Ethical Framework
• Just legal sstes eed ethial laers - Julia We, Deelopig Ethial Laers:
Ca Legal Eduatio Ehae Aess to Justie
Ethics v Morality
• Morals: mores: ustos or oetios of a soial group, distinguishing between
right and wrong
• Ethics: ethos: harater
ethikos: practice or custom of the community
science of morals or rules of conduct
Theories of legal ethics
• Teleological theory
- Consequentialist theory – focuses on the end result/outcome
- Utilitarianism – focuses on the wellbeing of most. The choice that leads to the
greatest happiness
- Desirable consequences
• Deontological theory
- Based on telling the truth
- Rule based theory
- Positivism/legalism
- Meas eds – actions are right or wrong
- professional responsibility
- permissible = right
• Virtue ethics
- Whats iportat is our otiatio
- Altruism theory
- Personal motivation is the important factor in determining if something is ethical
- Good ethics → personal flourishing and public good
• Economics theory of ethics
- Removes the notion of good and bad
- Concerned with survival and maximizing profit
- Cost/benefit analysis
- Rational choices
Approaches to legal ethics
• Adversarial advocate
- Lawyers role as advocate governed by adversarial system and responsibility to
client
- let the hips fall here the a
• Responsible lawyer
- Lawyers role to facilitate administration of justice
- laer is resposile to ake la ork as fairl ad justl as possile
find more resources at oneclass.com
find more resources at oneclass.com
• Moral activist
- Laers role: agets for justice
- Lawyers should have their own morals
- They should take responsibility
- Includes public interest lawyering and law reform activities
- Counsel clients to act morally
• Ethics of care
- Lawyers role to nurture relationships and community
- Holistic – lawyers listen to the client and consider their wider requirements
- Taking care of the client
Ethical drivers
• Personal upbringing
• Individual morals/values
• Society
• Profession
• Client
• Firm
Allens Arthur Robinson – o B‘Ws Best Large La Fir
We dot ru this plae as a holida ap… e epet our people to treat the liet as if
the ere God ad to put theseles out for our liets. You dot sa sorr I at do it,
I plaig riket o the eeked… ou dot hae a right to a free tie – Managing
Parter, Alles
Statement of Ethics
We acknowledge the role of our profession in serving our community in the administration
of justice. We recognise that the law should protect the rights and freedoms of members of
society. We understand we are responsible to our community to observe high standards of
conduct and behaviour when we perform our duties to the courts, our clients and our fellow
practitioners
Our conduct and behaviour should reflect the character we aspire to have as a profession
Council of the Law Society of New South Wales; 28 May, 2009:
• The true profession of law is based on an ideal of honourable service
• We acknowledge the role of our profession in serving our community in the
administration of justice
• We recognize that the law should protect the rights and freedoms of members of
society
• We understand that we are responsible to our community to observe high standards
of conduct and behaviour when we perform our duties to the courts, our clients and
our fellow practitioners
• Our conduct and behaviour should reflect the character we aspire to have as a
profession
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Week 2 the ethical framework: (cid:862)just legal s(cid:455)ste(cid:373)s (cid:374)eed ethi(cid:272)al la(cid:449)(cid:455)ers(cid:863) - julia(cid:374) we(cid:271)(cid:271), (cid:858)de(cid:448)elopi(cid:374)g ethi(cid:272)al la(cid:449)(cid:455)ers: Ethics v morality: morals: mores: (cid:858)(cid:272)usto(cid:373)s or (cid:272)o(cid:374)(cid:448)e(cid:374)tio(cid:374)s of a so(cid:272)ial group(cid:859), distinguishing between right and wrong, ethics: ethos: (cid:858)(cid:272)hara(cid:272)ter(cid:859) ethikos: practice or custom of the community science of morals or rules of conduct. Consequentialist theory focuses on the end result/outcome. Utilitarianism focuses on the wellbeing of most. The choice that leads to the greatest happiness. Permissible = right (cid:862)mea(cid:374)s (cid:448) e(cid:374)ds(cid:863) actions are right or wrong: virtue ethics. Personal motivation is the important factor in determining if something is ethical. Good ethics personal flourishing and public good: economics theory of ethics. Removes the notion of good and bad. Lawyers role as advocate governed by adversarial system and responsibility to client (cid:862)let the (cid:272)hips fall (cid:449)here the(cid:455) (cid:373)a(cid:455)(cid:863: responsible lawyer. Lawyers role to facilitate administration of justice (cid:862)la(cid:449)(cid:455)er is respo(cid:374)si(cid:271)le to (cid:373)ake la(cid:449) (cid:449)ork as fairl(cid:455) a(cid:374)d justl(cid:455) as possi(cid:271)le(cid:863: moral activist.
