scholarly journals Virtue and Advice

2013 ◽  
Vol 1 (1) ◽  
pp. 1-53
Author(s):  
Michael S. McGinniss
Keyword(s):  
Professional Judgment ◽  
Professional Conduct ◽  
Professional Identities ◽  
Moral Ideal ◽  
Greek Philosopher ◽  
Legal Situation ◽  
Legal Context ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

This Article examines the ethical and moral responsibilities of lawyers in their role as advisors to clients, with continual reference to the Greek philosopher Socrates.* Although Socrates was not a lawyer, he was an “advisor,” who lived a life committed to engaging in dialogue about virtue and its meaning and, at times, about the law and one’s duties in relation to the law. According to Rule 2.1 of the ABA Model Rules of Professional Conduct, when representing clients and acting as advisors, lawyers are expected to “exercise independent professional judgment” and “render candid advice,” which includes authority to counsel clients on moral considerations relevant to their legal situation. Socrates was a paradigm of “independence” and, although his speech was often bristling with irony, he was also persistently “candid” with his dialogue partners as they pursued the truth about moral questions. His life and teachings, and his courage in adhering to the principles that defined him, offer valuable insights for lawyers as they form their professional identities and serve as advisors to their clients. Part I of this Article will offer an overview and perspective on lawyers as independent advisors, first by closely examining Rule 2.1 and its meaning. It will then further explore moral independence in a legal context by reflecting on Socrates, with particular attention to his trial and its aftermath, but also considering Socrates as portrayed in the philosophy of Søren Kierkegaard. Part II will review several frameworks legal ethicists have developed to describe the relationship of advising lawyers and their clients, and propose the moral ideal of the “trustworthy neighbor” for lawyers serving clients in the advising role. Finally, Part III will consider some lessons derived from the teachings of Socrates for lawyer-advisors who are engaged in moral dialogue with their clients.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

competency in a narrow field of practical legal method and practical reason. Then, a philosophical argument will be appreciated, considered, evaluated and either accepted or rejected. This is not a theoretical text designed to discuss in detail the importance of a range of legal doctrines such as precedent and the crucial importance of case authority. Other texts deal with these pivotal matters and students must also carefully study these. Further, this is not a book that critiques itself or engages in a post-modern reminder that what we know and see is only a chosen, constructed fragment of what may be the truth. Although self-critique is a valid enterprise, a fragmentary understanding of ‘the whole’ is all that can ever be grasped. This is a ‘how to do’ text; a practical manual. As such, it concerns itself primarily with the issues set out below: How to … (a) develop an awareness of the importance of understanding the influence and power of language; (b) read and understand texts talking about the law; (c) read and understand texts of law (law cases; legislation (in the form of primary legislation or secondary, statutory instruments, bye-laws, etc), European Community legislation (in the form of regulations, directives)); (d) identify, construct and evaluate legal arguments; (e) use texts about the law and texts of the law to construct arguments to produce plausible solutions to problems (real or hypothetical, in the form of essays, case studies, questions, practical problems); (f) make comprehensible the interrelationships between cases and statutes, disputes and legal rules, primary and secondary texts; (g) search for intertextual pathways to lay bare the first steps in argument identification; (h) identify the relationship of the text being read to those texts produced before or after it; (i) write legal essays and answer problem questions; (j) deal with European influence on English law. The chapters are intended to be read, initially, in order as material in earlier chapters will be used to reinforce points made later. Indeed, all the chapters are leading to the final two chapters which concentrate on piecing together a range of skills and offering solutions to legal problems. See Figure 1.1, below, which details the structure of the book. There is often more than one solution to a legal problem. Judges make choices when attempting to apply the law. The study of law is about critiquing the choices made, as well as critiquing the rules themselves. However, individual chapters can also be looked at in isolation by readers seeking to understand specific issues such as how to read a law report (Chapter 4) or how to begin to construct an argument (Chapter 7). The material in this book has been used by access to law students, LLB students and at Masters level to explain and reinforce connections between texts in the construction of argument to non-law students beginning study of law subjects.

2012 ◽  
pp. 16-16
Keyword(s):  
European Community ◽  
Law Students ◽  
Philosophical Argument ◽  
Crucial Importance ◽  
Legal Rules ◽  
Legal Method ◽  
Legal Problems ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

Professionalism and Ethics in Chemistry

2018 ◽  
Author(s):  
Jeffrey Kovac
Keyword(s):  
Professional Ethics ◽  
Ethical Theory ◽  
Common Morality ◽  
Moral Ideal ◽  
Legal Ethics ◽  
Standards Of Conduct ◽  
Special Rules ◽  
Relationship Of ◽  
The Relationship ◽  
The Ideal

Common morality and ethical theory are universal. Not only do they provide the standards of conduct that we expect all rational persons to follow, but also they provide the basis for professional ethics, the special rules of conduct adhered to by those engaged in pursuits ordinarily called professions, such as law, medicine, engineering, and science. Although common morality and ethical theory are general, professional ethics is specific. Legal ethics applies only to lawyers (and no one else); scientific ethics applies only to scientists. Professional ethics is consistent with common morality, but goes beyond it. Professional ethics governs the interactions among professionals, and between professionals and society (Callahan 1988). In many cases, it requires a higher standard of conduct than is expected of those outside the profession, but the norms of professional ethics must be consistent with common morality. To understand professional ethics, it is necessary to understand the concept of a profession (Davis 1998). A profession is more than a group of people engaged in a common occupation for which they are paid. While there are a variety of ways to define a profession, I use a social contract approach, which I have found to be most useful in my thinking about professional ethics. In this view, a profession derives from two bargains or contracts: one internal and one external. The internal bargain governs the interactions among members of the profession while the external bargain defines the relationship of the profession to society. Both, however, are based on a moral ideal of service around which the profession is organized (Davis 1987). For lawyers, the ideal is justice under law. For physicians, the ideal is curing the sick, protecting patients from disease, and easing the pain of the dying. As Michael Davis has argued, these moral ideals go beyond the demands of ordinary morality, the requirements of law, and the pressures of the market. Using a moral ideal as the fundamental basis of the profession comes from the old- fashioned idea of a profession as a calling.

Covenant Fidelity and Culture Wars

2017 ◽  
Author(s):  
Cathleen Kaveny
Keyword(s):  
Culture Wars ◽  
Hostile Takeover ◽  
Neutral Field ◽  
Last Stage ◽  
Legal Strategy ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

This chapter grapples with the evolving and sometimes contradictory ways in which Paul Ramsey approaches secular law in his efforts to work out the relationship of love and justice. Over the course of three decades, Ramsey moves from treating the law as a rich locus of insight on the concrete requirements of that relationship, to viewing the law a more or less neutral field ripe for the application of Christian norms, to depicting law as the menacing subject of a hostile takeover by secular liberal values. The chapter contends that this last stage is a harbinger of the legal strategy used by socially conservative culture warriors in later decades. It also argues that Ramsey never fully confronts the question of how law should respond to the phenomenon of human sinfulness.

scholarly journals Fulfilment of righteousness: Historical and ontological perspective of Matthew 3:15

2014 ◽  
Vol 48 (1) ◽  
Author(s):  
Paul R. McCuistion ◽  
Colin Warner ◽  
Francois P. Viljoen
Keyword(s):  
Historical Event ◽  
Christian Tradition ◽  
Church Fathers ◽  
The Third ◽  
Hebrew Scriptures ◽  
The Law ◽  
Relationship Of ◽  
The Relationship ◽  
The Church

This article maintained that the historicity of Jesus’ baptism was intended to flesh out the righteousness of God that was well-documented in the Hebrew Scriptures. Furthermore, the historical event initiated the ontological emphasis on the relationship of baptism to righteousness. To support this proposal, this article focused on Matthew’s fulfilment statement in Matthew 3:15. Looking specifically at this verse within its context, the article examines what Matthew may have intended for his community to grasp regarding the Christian tradition of righteousness. The article is divided into four sections that are intended to examine Matthew’s intentions. Firstly, the immediate context is examined, showing the influences and setting for the fulfilment statement. The following section explores the fulfilment statement within this context. The third section uncovers some of the theological traditions in Paul and the church fathers. Finally, the baptismal statement of Matthew 3:15 will be tied directly to the relationship of the law and righteousness in Matthew’s ἦλθον statement of Matthew 5:17. Hierdie artikel betoog dat die historiese waarheid van Jesus se doop bedoel was om die geregtigheid van God, wat volledig uiteengesit is in die Hebreeuse Bybel, te versterk. Verder het die historiese gebeurtenis die ontologiese klem op die verhouding van die doop tot geregtigheid geïnisieer. Om hierdie voorstel te ondersteun, fokus hierdie artikel op Matteus se verklaring van verwesenliking (Mat 3:15). Deur spesifiek na hierdie vers binne sy konteks te kyk, ondersoek die artikel wat Matteus moontlik beplan het sodat sy gemeenskap die Christelike tradisie van geregtigheid kon begryp. Die artikel is in vier afdelings verdeel om sodoende Matteus se bedoelings te ondersoek. Eerstens word die onmiddellike konteks ondersoek wat die invloede en agtergrond van die verklaring van die verwesenliking uitwys. In die volgende afdeling word die verklaring van die verwesenliking in hierdie konteks verken. In die derde afdeling word ’n paar van die teologiese tradisies van Paulus en die kerkvaders aan die lig gebring. Ten slotte is die doopverklaring van Matteus 3:15 regstreeks aan die verhouding van reg en geregtigheid in Mattheus se ἦλθον verklaring van Matteus 5:17 gekoppel.

James Willard Hurst as Entrepreneur for the Field of Law and Social Science

2000 ◽  
Vol 18 (1) ◽  
pp. 37-58 ◽  
Author(s):  
Bryant G. Garth
Keyword(s):  
Social Science ◽  
Intellectual History ◽  
Legal History ◽  
Law And Society ◽  
Legal Scholarship ◽  
Professional Identification ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

Celebrations of the career of Willard Hurst tend to concentrate, quite understandably, on his scholarship in legal history. Most of those who now read and comment on his works are professional legal historians, and they tend to read and define Hurst according to that professional identification. This article takes a different approach, concentrating on Hurst's own role in the more general politics of legal scholarship. Hurst was not content with making a mark in legal history. He sought to challenge the legal establishment. We see the legacy of his efforts in the development of the field of law and social science, institutionalized in the mid 1960s in the Law and Society Association (LSA). Therefore, my focus is on the sociology and politics of scholarship rather than on intellectual history. I will not examine the relationship of Hurst's particular works to those who came before or after him, nor will I go through the exercise of suggesting what was good or lasting or useful about his work for present purposes.

scholarly journals On the absorption of water by cotton and wool

1907 ◽  
Vol 79 (529) ◽  
pp. 204-205 ◽  
Keyword(s):  
Carbon Dioxide ◽  
Water Vapour ◽  
Air Temperature ◽  
Amorphous Carbon ◽  
The Law ◽  
Relationship Of ◽  
Low Pressures ◽  
The Relationship ◽  
System Water ◽  
Mechanical Rigidity

In a footnote to my paper entitled “ The Law of Distribution where one of the Phases possesses Mechanical Rigidity," I attempted to show how the results obtained by Professor Trouton for the absorption of water vapour by cotton could be reconciled with those obtained by me in the case of similar systems, such as carbon dioxide and amorphous carbon. As the apparatus I had employed in the investigation referred to was particularly suited to the accurate measurement of low pressures, I obtained Professor Trouton’s permission to repeat his work, and to investigate the relationship of pressure and concentration for the systems water-cotton and water-wool at the temperature of melting ice. I was particularly anxious to redetermine the lower portions of the curves, for as in Professor Trouton’s experiments the material was dried at the air temperature, it appeared probable that it contained water at the commencement of the experiment, and that the true origin of his curves lay further to the left than the results appeared to show. If this were the case, the true curve representing equilibrium in the system water-cotton might closely resemble those representing equilibrium in the system carbon dioxide and amorphous carbon.

scholarly journals Benefits of using Blockchain technology as an accounting auditing instrument

2021 ◽  
Vol 13 (1) ◽  
Author(s):  
Maervelym Pâmella de Andrade Simões ◽  
Janeide Albuquerque Cavalcanti ◽  
Janaina Ferreira Marques de Melo ◽  
Cristiane Queiroz Reis
Keyword(s):  
Financial Reporting ◽  
Financial Statements ◽  
Professional Judgment ◽  
International Literature ◽  
Audit Process ◽  
Blockchain Technology ◽  
Potential Benefits ◽  
Relationship Of ◽  
The Relationship ◽  
Selection Of

Purpose: Analyze the possible benefits of using Blockchain technology as a tool for accounting auditing. Methodology: In order to achieve the objective of this study, a theoretical essay was conducted through a selection of national and international literature on accounting auditing and the potential benefits of Blockchain technology, analyzing the relationship of these potential benefits with the procedures adopted by the accounting auditor. Results: Findings from the literature show that despite the complexities, Blockchain technology offers an opportunity to improve financial reporting and audit processes. Adoption of this technology may allow auditors to develop procedures to obtain audit evidence directly from Blockchains and to adapt procedures to reap its benefits, as well as address incremental risks and that while the audit process may become more continuous, auditors may They will still have to apply professional judgment in analyzing accounting estimates and other judgments made by management in preparing the financial statements. Contributions of the Study: It is believed that this work contributes to an active and continuous dialogue regarding the use of Blockchain in audit processes, as well as the knowledge of advantages that this technology offers to professionals, as well as arouse the interest of research on the use of Blockchain technology in accounting auditing.

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