Ethics by the pervasive method — the case of contract

Legal Studies ◽  
1997 ◽  
Vol 17 (2) ◽  
pp. 305-322 ◽  
Author(s):  
D R F O'Dair
Keyword(s):  
Advisory Committee ◽  
Professional Ethics ◽  
Legal Education ◽  
Undergraduate Curriculum ◽  
Law Schools ◽  
Education Professional ◽  
The Subject ◽  
The Law ◽  
Ultimate Purpose

‘the duty of the law schools is to help its students to understand the ultimate significance of the lifework they have undertaken: to see the ultimate purpose of a lawyer's work… .’ [Brainard Currie]The Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC) has recently called upon academic law teachers of the undergraduate degree in law to take more of an interest in professional ethics. This means that academic law teachers can no longer set the subject aside as something to be dealt with during vocational legal education. Professional ethics must be taught pervasively, ie at each stage of legal education. This paper argues, however, that professional ethics must be taught pervasively in a further sense: even within the undergraduate curriculum, the task of educating tomorrow's lawyers in professional ethics cannot be left to one or more specialists in the subject.

scholarly journals Law and Learning in an Era of Globalization

2009 ◽  
Vol 10 (6-7) ◽  
pp. 629-640 ◽  
Author(s):  
Harry W. Arthurs
Keyword(s):  
Political Economy ◽  
Legal Education ◽  
Law Schools ◽  
Cultural Phenomenon ◽  
The World ◽  
Social Ordering ◽  
The Subject ◽  
The Law ◽  
Object Of Study ◽  
Human Hands

The optimists amongst us assume that human hands — our hands — shape legal education, that legal education shapes the law, and that law shapes the world. The pessimists contend that the process works in reverse, that the forces of political economy ultimately have their way with law as a system of social ordering, as a cultural phenomenon and an intellectual enterprise, and as the subject or object of study in law schools. I am a pessimist by nature, so I will begin on a pessimistic note. However, I am trying to overcome my nature, so I will end on what, for me, is an optimistic one.

scholarly journals Toward a Rule of Law Society in Iraq: Introducing Clinical Legal Education into Iraqi Law Schools

2018 ◽  
Author(s):  
Haider Ala Hamoudi
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal Education ◽  
Law Schools ◽  
The Law

23 Berkeley Journal of International Law (BJIL) 112 (2005)This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was highest. Unfortunately, however, our project was limited necessarily in both scope and duration, and further efforts must be undertaken in order for experiential legal education to gain a firmer foothold in Iraq.

The Lawyer's Divided Loyalties: An Introductory Note

1981 ◽  
Vol 16 (1) ◽  
pp. 1-4 ◽  
Author(s):  
Shalev Ginossar
Keyword(s):  
Professional Ethics ◽  
Legal Profession ◽  
Reverse Order ◽  
National Council ◽  
Tel Aviv ◽  
International Conference ◽  
Introductory Note ◽  
The Subject ◽  
The Law ◽  
Made In

The three papers published hereafter were presented at an International Conference on the Ethics and Responsibilities of the Legal Profession held in Tel Aviv from 17–21 August 1980. As could be expected, the views expressed therein are not identical, but since they are all connected with the manner in which the nature and the function of the profession is conceived, it may be useful to outline the attitude of the law of Israel on the subject.The Chamber of Advocates Law, enacted in 1961 to supersede the Advocates Ordinance, 1938, declares in sec. 54 that —In carrying out his functions, an advocate shall serve the interests of his client loyally and devotedly and shall help the court to dispense justice.The statute apparently places at the same level the lawyer's duties to his client and to the court: the order in which it enumerates them does not indicate any intention of priority—any more than in the Decalogue the respect due to one's father can be said to take preecdence over that to one's mother. The same two fundamental duties are mentioned, in reverse order, in the Rules of Professional Ethics made in 1966 by the National Council of the Chamber of Advocates with the approval of the Minister of Justice.

scholarly journals The Legal Academy’s Engagements with Lawtech: Technology Narratives and Archetypes as Drivers of Change

2019 ◽  
pp. 27-45
Author(s):  
Kate Galloway ◽  
Julian Webb ◽  
Francesca Bartlett ◽  
John Flood ◽  
Lisa Webley
Keyword(s):  
Curriculum Design ◽  
Legal Education ◽  
Legal Profession ◽  
Access To Justice ◽  
Legal Services ◽  
Law Schools ◽  
The Rule Of Law ◽  
Services Delivery ◽  
Technological Developments ◽  
The Law

This article argues that legal education is currently grappling with three narratives of technology’s role in either augmenting, disrupting or ending the current legal services environment. It identifies each of these narratives within features of curriculum design that respond to legal professional archetypes of how lawyers react to lawtech. In tracing how these influential narratives and associated archetypes feature in the law curriculum, the article maps the evolving intersection of lawtech, the legal profession and legal services delivery in legal education. It concludes by proffering the additional narrative of ‘adaptive professionalism’, which emphasises the complex and contextual nature of the legal profession, and therefore provides a more coherent direction for adaptation of the law curriculum. Through this more nuanced and grounded approach, it is suggested that law schools might equip law graduates to embrace technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.

scholarly journals Law Clinics and Access to Justice in Kenya: Bridging the Legal Divide

2016 ◽  
Vol 23 (5) ◽  
pp. 107
Author(s):  
Yohana Ouma ◽  
Esther Chege
Keyword(s):  
Critical Role ◽  
Legal Education ◽  
Access To Justice ◽  
Law Schools ◽  
The Law

<p>Despite the existence of law schools in Kenya, there has been a low uptake of clinical legal education generally and the setting up of law clinics in particular. Given the critical role that law clinics play in clinical legal education, the lack of well-established law clinics has negative implications of clinical legal education as well as the role that law schools, through law clinics, play in promoting access to justice. While the various law schools in Kenya undertake various activities that ideally fall under a law clinic, there has been a lack of institutionalization of law clinics. This has in turn limited the scope end effectiveness of the law clinics both in terms of their efforts to promote access to justice and clinical legal education. The paper argues that in order for this to be rectified, there is need to institutionalise law clinics within the various law schools in the country. Only then will they be more effective in promoting access to justice as well as clinical legal education. </p>

scholarly journals Responsible Solutions

2014 ◽  
Vol 2 (2) ◽  
pp. 215-245
Author(s):  
Jay Sterling Silver
Keyword(s):  
Middle Class ◽  
Task Force ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
The Poor ◽  
Economic Forces ◽  
The Law ◽  
The Rich ◽  
Conducting Research

At the end of Brian Tamanaha’s instant classic, Failing Law Schools, tracing the economic forces behind exorbitant law school tuition and graduate debt and unemployment, he lays out his plan to help resolve the crisis. He would eliminate tenure, dispense with the final year of law school, rely heavily on adjuncts and apprenticeships, and loosen the ABA accreditation standards mandating “one-size-fitsall” law schools to allow the marketplace to fashion more affordable models of legal education. Some schools would remain in the traditional, three-year mode, with faculty conducting research. Others would morph into, or spring up spontaneously as, the “law school parallel . . . of vocational colleges.” Very candidly, Tamanaha explained that the “two-year law schools . . . would be dumping grounds for the middle class and the poor . . . . Few children of the rich will end up in these law schools.” He calls the plan “‘differentiated’ legal education.” Others, including Paul Campos, founder of the Inside the Law School Scam web blog and author of Don’t Go To Law School (Unless), and the ABA Task Force (“Task Force”) on the Future of Legal Education, have endorsed Tamanaha’s prescription.

scholarly journals THEORETICAL AND LEGAL ANALYSIS OF ETHICAL PRINCIPLES OF ADVOCACY

2019 ◽  
Keyword(s):  
Professional Ethics ◽  
Legal Profession ◽  
Ethical Principles ◽  
Corporate Ethics ◽  
Special Role ◽  
Legal Analysis ◽  
Normative Documents ◽  
The Subject ◽  
The Law

The article states that the bar is a legal institution; stressed the need to instill high moral ideals for future lawyers; it is said that the development of the moral and ethical basis of the lawyer's activity is the subject of lawyer's ethics; noted that questions regarding the ethical principles of advocacy have been the subject of scholarly debate at various times; given the status quo, the subject matter of the study was identified; the role of ethical foundations for the profession of lawyer was determined and determined, the essence of the professional ethics of the lawyer as a whole, the specifics of the lawyer's ethics were investigated; determined that the basis of the lawyer's ethics, considered the moral aspects of the lawyer's activity, taking into account the norms of the current legislation of Ukraine and the Rules of Attorney's Ethics, proposals for improvement of the moral and ethical rules governing the lawyer's activity; it is argued that a lawyer's ethics is a kind of professional ethics of a lawyer; argues that the importance of advocacy ethics is important both in professional communication and at all times; identified the basic components of the legal profession; emphasized that the lawyer should always strive for moral self-improvement; noted the special role of the Rules of Attorney Ethics; The Law of Ukraine "On Advocacy and Attorney-at-Law", the Constitution of Ukraine in the Lawyer's Profession; noted the list of constituent characteristics of the legal profession in accordance with the existing normative documents regulating the said issue, which should not be defiled; it is considered that moral and ethical standards of behavior should be inherent in a person, because thanks to them, the latter will be able to do justly, so awareness of the importance of categories such as honor, dignity, responsibility, competence, conscience, professionalism, corporate ethics help the lawyer to create and maintain business reputation. Based on human considerations, the professional and psychological grounds that would interfere with the lawyer's professional duties include the following: underdeveloped speech, lack of professional knowledge, psychological instability, rudeness, aggressiveness, imbalance. Thus, the most important qualities that a lawyer should have are the following: honesty and integrity, integrity, ethics, modesty and self-criticism; principle and perseverance; moderation; respect for the law, the court and colleagues; lawyer's independence.

scholarly journals Sites of Resistance: LGBTQI+ Experiences at Trinity Western University

2020 ◽  
Vol 35 (1) ◽  
pp. 111-133
Author(s):  
Heather Shipley
Keyword(s):  
Lived Experiences ◽  
Law School ◽  
Specific Reference ◽  
Sexual Diversity ◽  
Law Schools ◽  
Potential Harm ◽  
The Subject ◽  
The Law

AbstractTrinity Western University’s Community Covenant has been the subject of public and legal attention with specific reference to a proposed law school. At the heart of much of the contention about the law school, opponents have expressed concern about the provisions in the Covenant that restrict the rights of LGBTQI+ students—their identities and relationships. While much of the focus has been on the potential harm for LGBTQI+ students, and the expectation that law schools uphold Charter values—the voices of queer students and allies have largely been sidelined. This article offers space for LGBTQI+ students, staff and allies to discuss their lived experiences of sexual diversity and the harm facing the queer community at Trinity Western University. As they state, the Covenant is only a part of the issue; the culture it supports is what needs to change.

The Disastrous First Fund-Raising Campaign in Legal Education: The Harvard Law School Centennial, 1914–1920

2013 ◽  
Vol 12 (4) ◽  
pp. 535-578
Author(s):  
Bruce A. Kimball
Keyword(s):  
World War I ◽  
Legal Education ◽  
The United States ◽  
Fund Raising ◽  
Law School ◽  
Law Students ◽  
New Venture ◽  
Law Schools ◽  
The Law ◽  
The University

Between 1915 and 1925, Harvard University conducted the first national public fund-raising campaign in higher education in the United States. At the same time, Harvard Law School attempted the first such effort in legal education. The law school organized its effort independently, in conjunction with its centennial in 1917. The university campaign succeeded magnificently by all accounts; the law school failed miserably. Though perfectly positioned for this new venture, Harvard Law School raised scarcely a quarter of its goal from merely 2 percent of its alumni. This essay presents the first account of this campaign and argues that its failure was rooted in longstanding cultural and professional objections that many of the school's alumni shared: law students and law schools neither need nor deserve benefactions, and such gifts worsen the overcrowding of the bar. Due to these objections, lethargy, apathy, and pessimism suffused the campaign. These factors weakened the leadership of the alumni association, the dean, and the president, leading to inept management, wasted time, and an unlikely strategy that was pursued ineffectively. All this doomed the campaign, particularly given the tragic interruptions of the dean's suicide and World War I, along with competition from the well-run campaigns for the University and for disaster relief due to the war.

Public Health Law as a Way to Explore and Develop Professional Identity

2016 ◽  
Vol 44 (S1) ◽  
pp. 45-50
Author(s):  
Jennifer L. Herbst
Keyword(s):  
Public Health ◽  
Professional Identity ◽  
Legal Education ◽  
Health Law ◽  
Professional Identities ◽  
Law Schools ◽  
Public Health Law ◽  
The Law ◽  
Societal Problems ◽  
Zero Sum

Lawyers are most often portrayed and understood to be zealous advocates for individual clients in adversarial litigation or zero-sum transactions. Law schools provide excellent preparation for this type of lawyer role, but lawyers' unique understanding of the law is also needed for systemic advocacy, policymaking, and legal education to solve the most difficult societal problems. An interdisciplinary public health law class is one way for law schools to provide students an opportunity to explore and develop these other professional identities.

Sign in / Sign up

Export Citation Format

Share Document