Consequentialism and Problem of Role Morality in Legal Ethics

J 2023

Consequentialism and Problem of Role Morality in Legal Ethics

HAPLA, Martin

Basic information

Original name

Consequentialism and Problem of Role Morality in Legal Ethics

Authors

HAPLA, Martin (203 Czech Republic, guarantor, belonging to the institution)

Edition

Legal Ethics, Routledge, 2023, 1460-728X

Other information

Language

English

Type of outcome

Article in a journal

Field of Study

50501 Law

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

is not subject to a state or trade secret

References:

Repozitář MU

Impact factor

Impact factor: 1.400

RIV identification code

RIV/00216224:14220/23:00136347

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.1080/1460728x.2024.2341348

UT WoS

001204602700001

EID Scopus

2-s2.0-85191016344

Keywords in English

Common morality; Role morality; The role of a lawyer; Legal ethics; Legal philosophy; Consequentialism; Utilitarianism; Conﬁdentiality

Abstract

V originále

One of the frequent philosophical problems of legal ethics is the conflict between common and role morality. This situation is where a lawyer's actions are evaluated differently by these two sets of moral norms. The article seizes on this as a conflict between two conventional moralities that need to be resolved with the help of a justificatory morality and thus an appropriate theory of normative ethics. It offers as a possible response a variant of consequentialism that draws on utilitarianism and brings it closer to pragmatism. This approach seeks to preserve the traditional advantages of utilitarianism, which are minimalist and plausible normative assumptions, and an excellent ability to resolve moral conflicts. At the same time, it takes into account the complex nature of the world in which we live and our epistemic uncertainty, which brings it closer to pragmatism. The author confronts this theory with some existing approaches to resolving the conflict between the common and role morality and tries to show that it is at least as plausible as they are and should have a place among them. Finally, the article concludes with an analysis of the famous case of Alton Logan as its practical application.

Links

MUNI/A/1242/2022, interní kód MU

Name: Morální problémy právních profesí

Investor: Masaryk University, Moral Issues of Legal Professions

Files attached

Consequentialism_and_problem_of_role_morality_in_legal_ethics.pdf

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Cite

HAPLA, Martin. Consequentialism and Problem of Role Morality in Legal Ethics. Legal Ethics. Routledge, 2023, vol. 26, No 2, p. 183-200. ISSN 1460-728X. Available from: https://dx.doi.org/10.1080/1460728x.2024.2341348.

@article{2415882,
   author = {Hapla, Martin},
   article_number = {2},
   doi = {http://dx.doi.org/10.1080/1460728x.2024.2341348},
   keywords = {Common morality; Role morality; The role of a lawyer; Legal ethics; Legal philosophy; Consequentialism; Utilitarianism; Conﬁdentiality},
   language = {eng},
   issn = {1460-728X},
   journal = {Legal Ethics},
   title = {Consequentialism and Problem of Role Morality in Legal Ethics},
   url = {https://is.muni.cz/publication/2415882/cs},
   volume = {26},
   year = {2023}
}

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ID  - 2415882
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EP  - 183-200
PB  - Routledge
SN  - 1460728X
KW  - Common morality
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KW  - The role of a lawyer
KW  - Legal ethics
KW  - Legal philosophy
KW  - Consequentialism
KW  - Utilitarianism
KW  - Conﬁdentiality
UR  - https://is.muni.cz/publication/2415882/cs
N2  - One of the frequent philosophical problems of legal ethics is the conflict between common and role morality. This situation is where a lawyer's actions are evaluated differently by these two sets of moral norms. The article seizes on this as a conflict between two conventional moralities that need to be resolved with the help of a justificatory morality and thus an appropriate theory of normative ethics. It offers as a possible response a variant of consequentialism that draws on utilitarianism and brings it closer to pragmatism. This approach seeks to preserve the traditional advantages of utilitarianism, which are minimalist and plausible normative assumptions, and an excellent ability to resolve moral conflicts. At the same time, it takes into account the complex nature of the world in which we live and our epistemic uncertainty, which brings it closer to pragmatism. The author confronts this theory with some existing approaches to resolving the conflict between the common and role morality and tries to show that it is at least as plausible as they are and should have a place among them. Finally, the article concludes with an analysis of the famous case of Alton Logan as its practical application.
ER  -

HAPLA, Martin. Consequentialism and Problem of Role Morality in Legal Ethics. \textit{Legal Ethics}. Routledge, 2023, vol.~26, No~2, p.~183-200. ISSN~1460-728X. Available from: https://dx.doi.org/10.1080/1460728x.2024.2341348.

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