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: 18Accepted Paper Series
Date posted: January 16, 2008
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