By Tim Dare

There's a common conception in pop culture, literature, philosophy and within the day after day enterprise of legislation that even if performing with solid behavior, dishonesty and deviousness are displayed by way of legal professionals. This e-book units out the foundations that include the normal belief of the lawyer's position and argues that the ethical implications of the notion are mis characterised. It means that rather than forsaking the notion, legal professionals should still recognize the criticisms levied and may shield a role-differentiated perception in their specialist moral duties. This in flip will offer security for consumers, assistance for attorneys and should advance the respectability and professionalism of the legislation occupation.

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333–363, pp. 334–335.  ‘The great butlers are great by virtue of their ability to inhabit their professional role and inhabit it to the utmost. ’ Ishiguro, The Remains of the Day, pp. 42–43. The Idea of Role-Obligation 31 the positions. To say that a role-obligation ‘attaches to a role-occupant’ is to say that it applies to an individual in their capacity as, and by virtue of, their status as an occupant of that role. Given this, questions about the obligations which rest upon role-occupants – about, for instance, what they are and about what weight they should be given in moral deliberation – are settled by reference to the role, and in practice will depend upon the function and moral significance of the role itself: ‘[A] role obligation is a moral requirement ...

P. 92. The Idea of Role-Obligation 37 – we are not prepared to bear the costs of replacing them given that they do as good a job as any alternative of a job that needs doing. From here, Luban argues that the strength of an institutional excuse is dependent upon the strength of the justification of the institution: ‘The institution creating the role passes along its moral cachet to the requirements of the role ... ’16And now we see the significance of Luban’s argument that the adversary system can only be weakly justified.

If it is true that lawyers are rendered morally insensitive by the standard conception, or that the quality of their moral judgement is reduced because they cannot legitimately appeal to the full resources of ordinary morality and their personal moral experience, then the standard conception and role-differentiation seem actually to reduce the ability of lawyers to promote the interests of their clients. Such clients are not well-served by lawyers whose moral sensitivity and moral competence is diminished, nor by lawyers who simply repeat the client’s own moral judgments back to them.

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