The Concept Of Dilemma In Legal And Judicial Ethics
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| Author | : Przemysław Kaczmarek |
| Publisher | : Wydawnictwo C.H.Beck |
| Total Pages | : 355 |
| Release | : 2018-10-12 |
| Genre | : Education |
| ISBN | : 8381580404 |
Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
| Author | : Ovadia Ezra |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 205 |
| Release | : 2006-05-26 |
| Genre | : Philosophy |
| ISBN | : 1402041055 |
Moral Dilemmas in Real Life purports to supply ways of thinking of, perhaps even dealing with, the ins and outs of ethical argument. The world today presents both individuals and communities with situations, which demand moral and ethical deliberations. From the more general issues of universal globalization to the very specific problems of every-day existence encountered by active agents, contemporary life is replete with moral and ethical conundrums. Any thinking person is required, so it seems, to be concerned, involved, or – at the very least – conversant with these issues and this book supplies the wherewithal needed. Applied ethics is that intellectual locale where theory meets praxis. Moral Dilemmas in Real Life is designed to make that meeting point explicit, by presenting a series of issues in well-grounded philosophical formulations. The book begins with the general relation between the individual and society – instilling ethical tension, and even clashes, between the private and the public in our discourse. Going on, from general to specific, it gradually narrows the ethical playing field to touch on medical ethics, the family, and the practice of punishment. In all cases, the book addresses both consensual and conventional social institutions and distortions thereof.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Charles Gardner Geyh |
| Publisher | : |
| Total Pages | : |
| Release | : 2020 |
| Genre | : Judicial ethics |
| ISBN | : 9781663308368 |
| Author | : Canadian Judicial Council |
| Publisher | : |
| Total Pages | : 56 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : |
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
| Author | : Frances Myrna Kamm |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2016 |
| Genre | : Philosophy |
| ISBN | : 0190247150 |
A rigorous treatment of a thought experiment that has become notorious within and outside of philosophy - The Trolley Problem - by one of the most influential moral philosophers alive today Suppose you can stop a trolley from killing five people, but only by turning it onto a side track where it will kill one. May you turn the trolley? What if the only way to rescue the five is to topple a bystander in front of the trolley so that his body stops it but he dies? May you use a device to stop the trolley that will kill a bystander as a side effect? The "Trolley Problem" challenges us to explain and justify our different intuitive judgments about these and related cases and has spawned a huge literature. F.M. Kamm's 2013 Tanner Lectures present some of her views on this notorious moral conundrum. After providing a brief history of changing views of what the problem is about and attempts to solve it, she focuses on two prominent issues: Does who turns the trolley and how the harm is shifted affect the moral permissibility of acting? The answers to these questions lead to general proposals about when we may and may not harm some to help others. Three distinguished philosophers - Judith Jarvis Thomson (one of the originators of the trolley problem), Thomas Hurka, and Shelly Kagan - then comment on Kamm's proposals. She responds to each comment at length, providing an exceptionally rich elaboration and defense of her views. The Trolley Problem Mysteries is an invaluable resource not only to philosophers concerned about the Trolley Problem, but to anyone worried about how we ought to act when we can lessen harm to some by harming others and how we can reach a decision about the question.
| Author | : American Nurses Association |
| Publisher | : Nursesbooks.org |
| Total Pages | : 42 |
| Release | : 2001 |
| Genre | : Business & Economics |
| ISBN | : 1558101764 |
Pamphlet is a succinct statement of the ethical obligations and duties of individuals who enter the nursing profession, the profession's nonnegotiable ethical standard, and an expression of nursing's own understanding of its commitment to society. Provides a framework for nurses to use in ethical analysis and decision-making.
| Author | : Stephen Scher |
| Publisher | : Springer |
| Total Pages | : 177 |
| Release | : 2018-08-02 |
| Genre | : Philosophy |
| ISBN | : 9811308306 |
The goal of this open access book is to develop an approach to clinical health care ethics that is more accessible to, and usable by, health professionals than the now-dominant approaches that focus, for example, on the application of ethical principles. The book elaborates the view that health professionals have the emotional and intellectual resources to discuss and address ethical issues in clinical health care without needing to rely on the expertise of bioethicists. The early chapters review the history of bioethics and explain how academics from outside health care came to dominate the field of health care ethics, both in professional schools and in clinical health care. The middle chapters elaborate a series of concepts, drawn from philosophy and the social sciences, that set the stage for developing a framework that builds upon the individual moral experience of health professionals, that explains the discontinuities between the demands of bioethics and the experience and perceptions of health professionals, and that enables the articulation of a full theory of clinical ethics with clinicians themselves as the foundation. Against that background, the first of three chapters on professional education presents a general framework for teaching clinical ethics; the second discusses how to integrate ethics into formal health care curricula; and the third addresses the opportunities for teaching available in clinical settings. The final chapter, "Empowering Clinicians", brings together the various dimensions of the argument and anticipates potential questions about the framework developed in earlier chapters.
| Author | : Katia Fach Gómez |
| Publisher | : Springer |
| Total Pages | : 230 |
| Release | : 2018-10-31 |
| Genre | : Law |
| ISBN | : 3319981285 |
This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.
| Author | : Terence Lau |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024 |
| Genre | : Business ethics |
| ISBN | : 9781453339961 |
The Legal and Ethical Environment of Business is a concise presentation of the key business-law topics that ensures every page is relevant, engaging, and interesting to today's learners. Summaries of cases and case excerpts improve student understanding. Plentiful embedded video links expand on topics to shed light on how law and ethics impact real-world business situations. This book encourages students to retain what they learn by understanding the reasons behind the law, rather than simply memorizing facts and cases.
