Publication details
Morální dilema v profesní etice advokátů: jak řešit rozpor mezi obecnou a profesní morálkou?
| Title in English | Moral Dilemma in Legal Ethics: How to Resolve Conflict between Common and Role Morality? |
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| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | legal philosophy; legal ethics; common and role morality; consequentialism; utilitarianism; confidentiality |
| Description | The question of how we should resolve conflicts between the demands that arise from general morality and those derived from a particular professional role (for example, that of a lawyer) is one of the traditional problems of professional ethics. The aim of this article is to provide an answer to this question on the basis of consequentialist ethics, or a specific variant of it, which is based on utilitarianism and whose operation in practice is closer to pragmatic reasoning. In the text, the author first discusses the very nature of the above conflict, then critically analyses some of the existing approaches to its resolution, and finally presents the starting point offered by the pragmatic utilitarianism he proposes here. It has plausible normative foundations, as well as a good ability to resolve moral conflicts and various kinds of trade-offs. Above all, it allows us to maintain rationality in our decision-making processes and it can also organically take into account the plurality of moral attitudes that is often seen as a key characteristic of contemporary Western societies. The text concludes with an analysis of the case of Alton Logan as an illustration of how this approach can be practically applied. |
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