Civil Divorce and the Catholic Lawyer

2021 ◽  
Vol 26 ◽  
pp. 193-222
Author(s):  
Ligia De Jesus Castaldi ◽  
Robert Fastiggi ◽  
Jane Adolphe ◽  
Keyword(s):  
Moral Dilemmas ◽  
Law Students ◽  
Legal Services ◽  
Legal Practice ◽  
Moral Principles ◽  
Marriage Nullity ◽  
Moral Questions

This article answers common moral questions on civil divorce and legal practice relevant to faithful Catholics in the legal field, such as whether a Catholic lawyer may be morally involved in civil divorce litigation and, if so, to what extent, in light of basic Catholic moral principles on marriage and civil divorce. It addresses moral dilemmas that Catholic legal practitioners, judges and law students may face in employment situations and divorce-related legal services. In addition, the article addresses civil divorce alternatives like reconciliation, declaration of marriage nullity and legal separation.

scholarly journals Keeping up with change: no alternative to teaching ADR in clinic. An Australian perspective

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg
Keyword(s):  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Access To Justice ◽  
Legal Practice ◽  
Law Schools ◽  
The Cost ◽  
Client Needs

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>

1. Ethics, professional conduct, and regulation

2021 ◽  
pp. 3-37
Author(s):  
Clare Firth ◽  
Jennifer Seymour ◽  
Lucy Crompton ◽  
Helen Fox ◽  
Frances Seabridge ◽  
...  
Keyword(s):  
Codes Of Conduct ◽  
Recent Change ◽  
Legal Services ◽  
Professional Conduct ◽  
Legal Practice ◽  
Practical Application ◽  
Standards And Regulations

This chapter begins with a description of how the legal services market has undergone recent change, with the Solicitors Regulation Authority’s (SRA) Principles and Codes of Conduct within the Standards and Regulations replacing the previous outcomes-focused regulation code (OFR Code). It considers what being a member of the profession and a good solicitor means, the Principles, relevant paragraphs of the Codes of Conduct, the Transparency Rules, and the SRA’s Enforcement Strategy currently in force. It explains how the recent changes have widened legal services provision and introduced further flexibility into how solicitors and firms justify their compliance with the regulations. It then looks at the practical application of the principles and paragraphs which are most relevant to readers at this stage of their legal career as a student (covering practical examples relevant to each core legal practice area) and trainee.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law and of other groups who provide legal services but who are not formally qualified as lawyers. It examines how regulation of legal services providers has changed. It notes new forms of legal practice. It considers the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

Locke’s epistemological turn and his polemic against innatism

2019 ◽  
pp. 13-30
Author(s):  
Georges Dicker
Keyword(s):  
Positive View ◽  
Moral Principles ◽  
The Difference ◽  
Moral Questions

This chapter explains Locke’s stance that we should examine our own powers of knowing before tackling the big metaphysical and moral questions, and analyzes his attack on the doctrine that basic logical, metaphysical, and moral principles are innately known. It argues that this attack is not directed against a straw man, and describes the motivation for it. It explains the difference between the “naïve” or occurrent version and the dispositional version of innatism and the difference between speculative principles and practical principles. It analyzes Locke’s critique of what he regards as the chief argument for innatism, the argument from universal consent. It expounds his critique of both occurrent innatism and dispositional innatism, and of both types of allegedly innate principles. It suggests that the attack on dispositional innatism needs to be supplemented by Locke’s positive view about the acquisition of our ideas in order to be compelling.

scholarly journals Virtue ethics: an approach to moral dilemmas in nursing

Curationis ◽  
2005 ◽  
Vol 28 (3) ◽  
Author(s):  
E Arries
Keyword(s):  
Decision Making ◽  
Virtue Ethics ◽  
Moral Agent ◽  
Moral Dilemma ◽  
Moral Dilemmas ◽  
Moral Decision Making ◽  
Whistle Blowing ◽  
Moral Principles ◽  
Principles Of Justice ◽  
The One

Nurses are increasingly confronted with situations of moral difficulty, such as not to feed terminally ill patients, whistle blowing, or participation in termination of pregnancy. Most of these moral dilemmas are often analyzed using the principle-based approach which applies the four moral principles of justice, autonomy, beneficence, and nonmalificence. In some instances, consequentialism is considered, but these frameworks have their limitations. Their limitations has to do with a consideration for the interpersonal nature of clinical nursing practice on the one hand, and is not always clear on how to judge which consequences are best on the other hand. When principles are in conflict it is not always easy to decide which principle should dominate. Furthermore, these frameworks do not take into account the importance of the interpersonal and emotional element of human experience. On the contrary, decision making about moral issues in healthcare demands that nurses exercise rational control over emotions. This clearly focuses the attention on the nurse as moral agent and in particular their character. In this article I argue that virtue ethics as an approach, which focus of the character of a person, might provide a more holistic analysis of moral dilemmas in nursing and might facilitate more flexible and creative solutions when combined with other theories of moral decision-making. Advancing this argument, firstly, I provide the central features of virtue ethics. Secondly I describe a story in which a moral dilemma is evident. Lastly I apply virtue ethics as an approach to this moral dilemma and in particular focusing on the virtues inherent in the nurse as moral agent in the story.

scholarly journals Lawyers of the future: Creating aspirations, forging connections and facilitating professional links in rural and regional contexts

2014 ◽  
Author(s):  
Sher Campbell ◽  
Katherine Lindsay
Keyword(s):  
Metropolitan Areas ◽  
Law School ◽  
Law Students ◽  
Professional Service ◽  
Legal Practice ◽  
Law Schools ◽  
The Third ◽  
Third Phase ◽  
The Future ◽  
Future Program

In recent years, the Australian legal profession, government policymakers and the nation’s law schools have evinced concern about the future of legal practice beyond metropolitan areas. The issues and suggested responses have been debated in various fora amongst the stakeholders. This paper explores the way in which one regional law schoolwith a distinctive approach to legal education has responded to these issues from an educational and pastoral perspective. Newcastle Law School established its Lawyers of the Future program in 2009. Lawyers of the Future is a multi-faceted initiative, which promotes professional partnerships with the secondary education sector through the Schools’ Visit program, and partnerships with rural and regional professionals through active connections in those areas. The third phase of the Lawyers of the Future program will be the development of rural and regional legal placement sites for senior law students enrolled in Newcastle’s Professional program.Whilst the Lawyers of the Future program has three distinctive and interrelated elements and objectives, it is the placement program that provides the lynchpin. Such a placement program, which is innovative in itself, has a greater educational purpose: the experience of practice in rural and regional areas, together with the process of subsequent engaged and critical reflection, will contribute meaningfully to the development of students’ professional personae in ways which will support an ethos of professional service beyond the narrow confines of practice in the metropolis for the legal conglomerates. 

Why Study Law? The Relevance of Legal Information to the Law Student, Researcher and Practitioner

2011 ◽  
Vol 11 (4) ◽  
pp. 221-226 ◽  
Author(s):  
Graham Virgo
Keyword(s):  
Academic Discipline ◽  
Law Students ◽  
Memorial Lecture ◽  
Legal Practice ◽  
England And Wales ◽  
Legal Information ◽  
Key Skills ◽  
Academic Researchers ◽  
Law Student ◽  
Law Degree

AbstractProfessor Graham Virgo, in delivering the 3rd Willi Steiner Memorial Lecture, asks if it is possible to become a legal practitioner in England and Wales without having studied Law as an academic discipline. Is there any point in studying for a Law degree? Students study any academic subject to acquire knowledge and to develop key skills. This is just as true of students studying Law. But is the knowledge acquired by a Law student and the skills which they develop really of benefit to them in legal practice? Crucially, what can the managers of legal information do to support the particular needs of Law students and academic researchers?

scholarly journals Lawyering in a Digital Age: A Practice Report on the Design of a Virtual Law Clinic at Cumbria

2015 ◽  
Vol 22 (3) ◽  
pp. 334 ◽  
Author(s):  
Ann Thanaraj ◽  
Michael Sales
Keyword(s):  
Core Competencies ◽  
Legal Education ◽  
Digital Age ◽  
Law Students ◽  
Access To Justice ◽  
Legal Services ◽  
Law Schools ◽  
Efficient Manner ◽  
New Type

<p>This practice paper offers a modest proposition that could make law graduates more capable of serving their clients in a modernised and efficient manner. We propose that in addition to law clinics and other forms of experiential activities, law schools could add a new type of clinical component to their curriculum that teaches students to use technology to assist in the delivery of legal services. Digital lawyering skills will help law students learn core competencies needed in an increasingly technological profession, and it may help close the gap between offering access to justice by making legal services available online in the most accessible and convenient way possible and in equipping law graduates with a modernised and digital legal education. </p>

scholarly journals The Evolution of Lawyers' Professional Identity: The Contribution of the ADR in Legal Education

2013 ◽  
Vol 18 (2) ◽  
pp. 315
Author(s):  
Kathy Douglas
Keyword(s):  
Problem Solving ◽  
Professional Identity ◽  
Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Legal Practice ◽  
Legal Problem ◽  
Legal Policy ◽  
Holistic Approaches

Alternative or Appropriate Dispute Resolution (‘ADR’) is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students’ professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth to examine the content and pedagogy of this area of the legal curriculum. The article argues that ADR is an important part of legal education as it can assist law students to develop non-adversarial, holistic approaches to legal problem-solving.

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