Wanted: An Ethos of Personal Responsibility - Why Codes of Ethics and Schools of Law Don't Make for Ethical Lawyers

19 Pages Posted: 29 Jun 2010 Last revised: 25 Jul 2010

Date Written: 1989

Abstract

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.

Keywords: Legal Instruction, Law School, Ethics, Professional Responsibility, Legal Analysis, Social Theory, Max Weber, moral responsibility, morality

Suggested Citation

Kleinberger, Daniel S., Wanted: An Ethos of Personal Responsibility - Why Codes of Ethics and Schools of Law Don't Make for Ethical Lawyers (1989). Connecticut Law Review, Vol. 21, p. 365, 1989; William Mitchell Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=1632460

Daniel S. Kleinberger (Contact Author)

William Mitchell College of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
132
rank
203,315
Abstract Views
895
PlumX