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Legal ethics as an institution in the light of Neil MacCormick’s social ontology

Mgr Katarzyna Mikołajczyk-Graj

University of Warsaw


English abstract:
In Neil MacCormick’s social ontology, the most important concept is ‘institution’. It is characterised by the notion of the institution’s normative core, which distinguishes the given institution from other institutions of social life. The normative core of an institution consists of a collection of values realised by it and a set of social practices. An analysis of professional ethics according to Neil MacCormick’s social ontology allows us to distinguish the normative core of this institution, which may be cognitively promising for several reasons. First of all, the institutional perspective may be helpful in solving the problems with justifying a lawyer’s power, which is based on formalized ethical codes. Secondly, establishing a central set of professional values and practices will make it easier for participants of the given practice to choose the right course of action. Thirdly, identifying the normative core of legal professions will allow us to determine the extent of interference in the self-government of legal professions.

Keywords: legal ethics, Neil MacCormick, institutions

Language: Polish

Published: Number 1(16)/2018, pp. 46-53.

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Filed Under: Articles Tagged With: institutions, Katarzyna Mikołajczyk-Graj, legal ethics, Neil MacCormick

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Keywords

professional competence ethics of never again instrumentalization of law culture of authority legal community institutions moral luck legal norm autonomy multilingualism of law małgorzata król the triad of causes natural language value pluralism Krzysztof Sielski reflexivity semantic sting US case law self-agency history of the profession of legal advisor legal positivism legal culture extensive interpretation logical derivation Immanual Kant interest of the state language of law animal protection thick terms religion Pierre Bourdieu European Union technological progress Jarosław Mikołajewicz prototype theory Judith Butler conventionalism Herbert Hart theory of law restorative justice Constitution disinformation Przemysław Kaczmarek public interest advocate Roscoe Pound Paweł Łabieniec culture of justification Anna Tomza contestation rational application of law

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