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Final

PHIL 2135 Final: CU22 Notes: Ethics and Law
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Department
Philosophy
Course Code
PHIL 2135
Professor
Loyd Eby

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Ethics in Business & Professions Final Exam CU22: Ethics and Law (CU22)  Adversary system- lawyers are caught between being an officer of the court an advocate for their clients  Taylor: Adversary System Results in an Ethical Jungle o In this system, lawyers attempt to win instead of arrive at the truth o Lawyers try and keep out reliable evidence o Confidentiality of the lawyer-client relationship takes precedence. Client confidentiality is at the heart of the ethical difficulties in this system o Is a trial rational or irrational process? o Legal system should not put lawyers in the position of continuing to seek the acquittal of guilty clients  Monroe: 3 ethical dilemmas of betraying the confidence of the client or purposefully deceiving the court o 1) Is it proper to make a witness to appear to be lying when you know his testimony is truthful and accurate? o 2) Is it proper to puta witness on the stand when you know he will commit perjury? o 3) Is it okay to give client legal advice when you have reason to believe the knowledge you give him tempt him to commit perjury?  Cohen: Pure Legal Advocated and Moral Agents o A morally good person is:  1) Just  2) Truthful  3) Has moral courage  4) Has good monetary habits  5) Is benevolent  6) Is trustworthy  7) Is disposed to do his moral thinking o Pure legal advocate offends against each of those 7 criteria; thus, a different conception of lawyer is called for, and  “there is a further concept of a lawyer which, while not abandoning the adversarial approach, serves to avoid much of the disutility” of the pure legal
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