Legal ethics

Author(s):  
Richard Tur

Legal ethics can be considered from at least three related viewpoints. First, as ‘professional ethics’, it is a corpus of rules, principles and standards, often embodied in a written code and disseminated, applied and enforced by appropriate governing bodies as a guide to the professional conduct of lawyers. Legal professions set up specific institutions and officers to monitor and assist practitioners and to accumulate experience and expertise in applying detailed provisions in morally complex situations. For some commentators this is primarily regulation or administration and not ethics at all, but for others it is ethics in action or ‘applied ethics’. ‘Applied ethics’ is the second aspect of legal ethics, distinguished from ethics in general by the focus on ethical issues in the context of legal practice, including confidentiality, conflict of interest or acting for a morally disreputable client. Interesting though such questions may be in themselves, some writers do not acknowledge that they are truly questions of ethics, because the duties and privileges of specialist functional groups generally and lawyers in particular are not universalizable. For others, including some feminist ethicists, the ‘agent as such’ does not exist and we all encounter moral difficulties and problems, if we encounter them at all, only in the context of some specific relationship or role, for example in the role of a lawyer. Legal ethics thus requires an analysis of role morality. The third aspect of legal ethics is as an integral element in general philosophical and legal education.

Author(s):  
Mª Teresa López de la Vieja

RESUMENEl artículo analiza el papel desempeñado por los argumentos de pendiente resbaladiza en los debates prácticos. Por un lado, estos argumentos suelen ejemplificar una forma d razonamiento imperfecto o paradójico. De hecho, la Filosofía clásica griega ya identificó las principales dificultades del sorites, el argumento del «montón». Por otro lado, la pendiente resbaladiza llama de nuevo la atención de la Filosofía contemporánea, ya que ocupa un lugar destacado en determinadas cuestiones morales, como pueden ser la eutanasia, los límites de la investigación biomédica, o las posibles consecuencias de la intervención humana sobre el medio ambiente natural y sobe otras especies, no humanas. De esta forma, la Ética aplicada examina los riesgos y efecto son deseables de decisiones que, el comienzo, eran o parecían perfectamente aceptables, y lo hace así a pesar de que la metáfora de la pendiente resbaladiza no pueda aportar suficientes evidencias para frenar aquellas decisiones que comportan riesgos. Aun así, la pendiente sirve para expresar el peligro, la tragedia, los efectos negativos que amenazarían nuestra existencia, o la de las generaciones futuras. Por lo tanto, imágenes como la «caja de Pandora», la «ruptura de los diques», el «alud», no solo transmiten que algunas acciones pueden poner en riesgo la vida sino que, además, ilustran el uso práctico de los argumentos imperfectos.PALABRAS CLAVEpendiente resbaladiza, argumentación práctica, Ética aplicada.ABSTRACTThe article would analyze the role of the slippery-slope arguments in practical debates. On the one hand, they usually exemplify the imperfect, paradoxical reasoning; in fact, the ancient Greek Philosophy already identified the central flaws of the sorites, the «heap» argument. On the other hand, the metaphor of the slippery-slope draws again the attention of contemporary Philosophy, since it has a central part in some ethical issues, as happens with questions like euthanasia, the limits of biomedical research, and the possible consequences of the human action on the natural environment, and on non-humans. So, applied Ethics considers risks and undesirable effects of decisions that, at the very beginning, are, or seem acceptable, in spite of the fact that the slippery-slope could not allege enough evidences to prevent from this risky decision. However, it expresses how danger, tragedy, negative outcome would intrude in our existence, or in the existence of the next generations. Therefore, images like the «Pandora’s box», the «broken docks», the «avalanche», etc, not only suggest that some actions could definitively endanger life, but they illustrate the practical use of imperfect arguments.KEY WORDSslippery- slope, practical argumentation, applied Ethics


2021 ◽  
Vol 03 (03) ◽  
pp. 186-197
Author(s):  
Nahid Hamza Mohamad Salih AL-ZAIN
Keyword(s):  

Al-Baqt is a covenant that lasted for six centuries between Muslims and Nubia, who were known for the strength of defense, and the intensity of resistance to the campaigns of Muslims, Greeks and Romans. This covenant came different in its clauses from the previous covenants, strong in its drafting, terminator for war, inclusive of the old and the young, from Aswan to the land of Alwa, which included that the people of Nubia remain safe, do not set up a war for them and do not send them an invasion as long as they abide by the conditions stipulated by the covenant. This study contains three topics, the first topic deals with the prohibition of slavery and the emancipation of slaves, the second topic deals with the legal aspects of the Al-Baqt Agreement, and the third topic deals with the media aspects of Al-Baqt Agreement, then comes the results and recommendations that concluded the importance of preserving covenants and principles, and highlighting the role of dialogue and agreements in stopping Wars and conflicts, and achieving peace and stability.


2016 ◽  
Vol 75 (2) ◽  
pp. 398-425 ◽  
Author(s):  
Jacob Rowbottom

AbstractThis article looks at the public disclosure of political donations as a case study to examine the role of transparency in addressing concerns about undue influence and corruption. The article will explore three issues. The first is to understand what it means to say that a political donation is corrupt. There is considerable disagreement on the ethics of political fundraising and this article will show how public opinion has a role in setting the standards expected of politicians. The second issue is what role the public disclosure of political donations plays in deterring and detecting corruption. While the disclosure requirements were introduced to promote greater trust in politics, it will be argued that increases in transparency have fed a growing culture of mistrust. The logic of the transparency requirements also requires the free public discussion of particular political donations and related ethical issues. The third issue is how that process of free discussion can come into tension with rights to privacy and reputation. The article will explore how the attempts to reconcile the different areas of law both reflect and shape the political culture.


GYMNASIUM ◽  
2017 ◽  
Vol XVIII (1) ◽  
Author(s):  
Alina-Mihaela Cristuță

The recovery assistance in geriatrics targets two categories of patients - the elderly who become deficient and the deficients who become elders. Both categories achieve a particularly high percentage, due to most of the chronic illnesses that are so frequent with the elderly install dysfunctions that strengthen in time, and the deficients, due to the care they receive, reach the third age in an increasing number. The scope of the research was to highlight the role of physical therapy in the prehension re-education of the third age individuals, and the goals regarded the evaluation of the functional capacity; the detection of the functional dependency extent; prehension re-education with this category of age. The research methods used were set-up based on the research goals, and, therefore, the method of the bibliographical study method, the tests method, the statistical mathematical method and the graphical method were used.


2019 ◽  
pp. 266-280
Author(s):  
Ana E. Juncos ◽  
Nieves Pérez-Solórzano Borragán

The process of enlargement has transformed the European Union. It has had far-reaching implications for the shape and definition of Europe, and for the institutional set-up and the major policies of the Union. This has been accomplished through a number of enlargement rounds, which the first section of the chapter analyses in detail. This is followed by a review of the enlargement process itself, with a focus on the use of conditionality and the role of the main actors involved. The contributions of neo-functionalism, liberal intergovernmentalism, and social constructivism to explaining the EU’s geographical expansion are evaluated in the third section of the chapter. The success and prospect of future enlargement are discussed in the context of wider EU developments, especially the effect of the economic crisis in the euro area, ‘enlargement fatigue’, the domestic context in the candidate countries, and Brexit.


1986 ◽  
Vol 10 (4) ◽  
pp. 85-88
Author(s):  
Michele Hampson ◽  
Colin Shapiro ◽  
Chris Thompson
Keyword(s):  

The working party was set up by the Third Collegiate Trainees Committee because dissatisfaction had often been expressed about psychiatric tutors at trainees' days around the country. It met regularly between September 1983 and April 1985. The aims were to survey trainees' satisfaction with their tutors, to invite tutors to comment on the difficulties of the job, to examine the structure of the system and to recommend changes if necessary.


2020 ◽  
Vol 7 (3) ◽  
pp. 287
Author(s):  
Jawade Hafidz

Bureaucracy and the law are two forces that must go hand in hand. Bureaucratic disregard the law when it goes limp bureaucratic system with no force because the bureaucratic system will not run when the law was abandoned. Bureaucracy in indonesia often look weak in a system. First rampant corruption in the bureaucracy is the main cause of dishonesty (actor) bureaucrats in understanding the nature of law. Breaking effects and misusing the mandate. Second, in our country as chaotic bureaucracy therein lies stagnation and the legal system in force when the bureaucracy that must be realized in accordance with the function and social role as a servant of the state. The third in the current law is enforced through a reformulation bureaucracy or bureaucratic reforms therein lies the role of bureaucracy is no longer comply with the law. Presence of bureaucracy in addition to be honest and transparent with the legal ethics bureaucracy is needed. Ethics is important in the bureaucracy. First, the existing problems in the bureaucracy becoming increasingly complex. Second, the success of development that has improved the dynamics and pace of change in the bureaucratic environment. Bureaucracy perform adjustment which requires discretionary power great.


1991 ◽  
Vol 18 (3) ◽  
pp. 333-362 ◽  
Author(s):  
MADELEINE LY-TIO-FANE

SUMMARY The recent extensive literature on exploration and the resulting scientific advances has failed to highlight the contribution of Austrian enterprise to the study of natural history. The leading role of Joseph II among the neutral powers which assumed the carrying trade of the belligerents during the American War of Independence, furthered the development of collections for the Schönbrunn Park and Gardens which had been set up on scientific principles by his parents. On the conclusion of peace, Joseph entrusted to Professor Maerter a world-encompassing mission in the course of which the Chief Gardener Franz Boos and his assistant Georg Scholl travelled to South Africa to collect plants and animals. Boos pursued the mission to Isle de France and Bourbon (Mauritius and Reunion), conveyed by the then unknown Nicolas Baudin. He worked at the Jardin du Roi, Pamplemousses, with Nicolas Cere, or at Palma with Joseph Francois Charpentier de Cossigny. The linkage of Austrian and French horticultural expertise created a situation fraught with opportunities which were to lead Baudin to the forefront of exploration and scientific research as the century closed in the upheaval of the Revolutionary Wars.


2010 ◽  
Vol 12 (1-2) ◽  
pp. 313-282
Author(s):  
ʿAbd al-ʿAzīz Mūsā
Keyword(s):  

This article sheds light on the role of grammar in understanding legislative texts, with reference to the wuḍūʾ verse (Q. 5:6). The first section deals with the issue of washing the elbows along with the feet as part of ritual ablution, and lists the various interpretations of the preposition ilā in the aya, and discusses the grammatical theory used by different fuqahāʾ to support their arguments. The second section tackles how much of the head should be rubbed in ritual ablution, with regard to the use of the preposition bi- in the phrase bi-ruʾūsikum, while the third focuses on the two readings of the phrase arjulakum/arjulikum (‘your feet’) and on passing legislative judgement on whether the feet be washed or just rubbed. The study concludes that lugha and fiqh theory are of mutual importance and together help to clarify legislative judgements, and, on this basis, that jurists should not pass any legislative judgement without referring to language.


2014 ◽  
Vol 11 (2) ◽  
Author(s):  
Yenita Uswar ◽  
Amrin Saragih ◽  
Tina Mariany Arifin

The objectives of this qualitative research were (1) to identify the factors that affect the Minangkabau language (ML) maintenance in Medan, (2) to discover the parents’ efforts in maintaining ML in Medan and (3) to find out the reason why the speakers have to maintain ML. The souree of data is the nembers of the Association of Sei Jaring Community (Ikatan Warga Sei Jaring: IWS) in Medan. The sample was 10 families including 10 parents and their children. The instruments of this study are a questionnaire and an interview. The questionnaire was used to answer the factors affected the maintenance of ML and how factors affected the maintenance of ML. The interview was used to discover the influence why Minangkabau’s people have to maintain ML. There are four factors in ML maintenance, the parents’ role, the role of family, the intramarriage and homeland visits. After distributing questionnaire and did some interviews it is found that IWS especially for the third generation (children) has the danger level in ML when they communicate to each other. Meanwhile, the data analysis also shows that both fathers and mothers communicate to each other with ML. This condition occurred because of the influence of the environment. Parents have to keep communication and teaching Minangkabau language continuously to their children. so, the young generation can keep the existence of ML for their future. Keywords: Minangkabau Language Maintenance, parents’ efforts, the young generation.


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