Fit and Function in Legal Ethics: Developing a Code of Conduct for International Arbitration

84 Pages Posted: 18 Mar 2016

See all articles by Catherine A. Rogers

Catherine A. Rogers

Pennsylvania State University, Penn State Law; CCLS, Queen Mary University of London

Date Written: 2002

Abstract

In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only illuminates at a descriptive level the reasons why the different nations of the world have adopted different ethical regimes; it also guides at a prescriptive level for developing new ethics for other systems," such as international arbitration.

Suggested Citation

Rogers, Catherine A., Fit and Function in Legal Ethics: Developing a Code of Conduct for International Arbitration (2002). Penn State Law Research Paper; Michigan Journal of International Law, Vol. 23, No. 341, 2002. Available at SSRN: https://ssrn.com/abstract=2748786

Catherine A. Rogers (Contact Author)

Pennsylvania State University, Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

CCLS, Queen Mary University of London ( email )

Charterhouse Square
London, EC1M 6AX
United Kingdom

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