Is Tom Shaffer a Covenantal Lawyer?

Marie A. Failinger

Hamline University - School of Law

January 1, 2002

Notre Dame Law Review, Vol. 77, p.705, 2002

In this festschrift article in honor of Tom Shaffer, the author considers what Shaffer’s work may share with “covenantal” ethics, a form of ethical argument that is not interchangeable with other traditions familiar from Shaffer’s body of work, such as the ethics of friendship or care or the ethics of virtue. Describing the ancient understanding of covenants, the article explores a few of the complexities arising from covenantal ethics in a professional context, themes such as the creation of obligation by historical decision, which has implications for the treatment of strangers; the ambivalence of covenantal ethics on the value of equality as it meets difference, critical to interaction with the vulnerable and the wicked; the covenantal relational dynamic of giftedness and entrustment rather than obligation and desert; and the way that covenantal ethics looks at loyalty and accountability.

Number of Pages in PDF File: 89

Keywords: Tom Shaffer, covenantal ethics, interpersonal ethics, religion, narrative argument legal ethics

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Date posted: November 5, 2011  

Suggested Citation

Failinger, Marie A., Is Tom Shaffer a Covenantal Lawyer? (January 1, 2002). Notre Dame Law Review, Vol. 77, p.705, 2002. Available at SSRN: http://ssrn.com/abstract=1929478

Contact Information

Marie A. Failinger (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
(651) 523-2124 (Phone)
(651) 523-2236 (Fax)
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