Abstract

http://ssrn.com/abstract=1019636
 


 



Professionalism in the Postmodern Age: It's Death, Attempts at Resuscitation, and Alternative Sources of Virtue


Robert F. Cochran Jr.


Pepperdine University School of Law

2000

Notre Dame Journal of Law, Ethics and Public Policy, Vol. 14, No. 1, 2000

Abstract:     
There is a new emphasis on professionalism within legal education and the organized bar. Lawyers are being called on to go beyond the incentives of the market and beyond the requirements of the professional rules - to seek justice, to be more honest and tolerant, to be less adversarial and selfish, and to give more of their time and resources to the poor. The moral basis for this call to services is lawyers' status as professionals. This focus on professionalism comes at a time when the reputation of the legal profession has fallen to new depths. This article examines whether in this postmodern world the traditional concepts of professionalism can be resuscitated or whether a new moral ground is needed. The traditional professional ideals were built on a deeply rooted moral foundation that was widely shared among the bar. In the 1960s and 70s, however, the elitist foundations of professionalism began to crumble. Increased diversity in the profession and postmodern thoughts that there was no moral truth undercut the possibility of a pervasive professional ethic. The result of these postmodern teachings have left each lawyer to create his or her own meaning of "professionalism." The modern concept of professionalism is both too weak and too dangerous to yield the responsible exercise of professional power. Instead, the key to renewed virtue in lawyers is to look within the diversity of the profession for moral insight. As the traditional idea of professionalism has failed, lawyers now need to look to their own personal traditions to define virtue. Morality is likely to take hold and to affect one's life when it is drawn not from the ethical considerations of the profession, but from the deepest source of values of that person.

Number of Pages in PDF File: 16

Keywords: professionalism, legal ethics, morality

JEL Classification: K49

Accepted Paper Series





Download This Paper

Date posted: October 7, 2007 ; Last revised: August 30, 2009

Suggested Citation

Cochran, Robert F., Professionalism in the Postmodern Age: It's Death, Attempts at Resuscitation, and Alternative Sources of Virtue (2000). Notre Dame Journal of Law, Ethics and Public Policy, Vol. 14, No. 1, 2000. Available at SSRN: http://ssrn.com/abstract=1019636

Contact Information

Robert F. Cochran Jr. (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-456-4684 (Phone)
310-456-4063 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 831
Downloads: 138
Download Rank: 126,692

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.313 seconds