Wanted: An Ethos of Personal Responsibility - Why Codes of Ethics and Schools of Law Don't Make for Ethical Lawyers
Daniel S. Kleinberger
William Mitchell College of Law
Connecticut Law Review, Vol. 21, p. 365, 1989
William Mitchell Legal Studies Research Paper
This article: (1) argues that neither codes of professional ethics nor traditional modes of law school teaching do much to produce ethical lawyers; (2) asserts that ethics codes and the presuppositions of the adversary system work to alienate lawyers from a sense of individual responsibility; (3) critiques the conceptual connection between the adversary system and codes of lawyer ethics; (4) critiques the conventional approach to teaching legal ethics in law schools; (5) invokes the approach to ethical analysis championed by the German sociologist and social theorist Max Weber; and (6) explains how that approach, coupled with traditional tools of legal reasoning, can lead to an ethos of personal responsibility.
Number of Pages in PDF File: 19
Keywords: Legal Instruction, Law School, Ethics, Professional Responsibility, Legal Analysis, Social Theory, Max Weber, moral responsibility, moralityAccepted Paper Series
Date posted: June 29, 2010 ; Last revised: July 25, 2010
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