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On Lawyers and Moral Discernment

Robert E. Rodes Jr.

Notre Dame Law School

Catholic Lawyer, Vol. 46, No. 2, 2007
Notre Dame Legal Studies Paper No. 08-02

Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.

Number of Pages in PDF File: 18

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Date posted: January 16, 2008  

Suggested Citation

Rodes, Robert E., On Lawyers and Moral Discernment. Catholic Lawyer, Vol. 46, No. 2, 2007; Notre Dame Legal Studies Paper No. 08-02. Available at SSRN: http://ssrn.com/abstract=1084430

Contact Information

Robert E. Rodes Jr. (Contact Author)
Notre Dame Law School ( email )
P.O. Box 780
Notre Dame, IN 46556-0780
United States
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