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David J. Luban’s legal ethics: moral evaluations of acts, subjectivity, responsibility

Dr hab. Przemysław Kaczmarek

University of Wrocław


English abstract:
The purpose of this paper is to present the theory of legal ethics by David J. Luban. The reading of this American philosopher’s project I would like to propose focuses around the three pillars mentioned in the title: the moral evaluation of acts, subjectivity, and moral responsibility. Luban’s theory postulates maintaining the autonomy of an individual performing a lawyer’s role in relation to the institutional structure. Therefore, a lawyer’s activity should be characterised by anxiety and questions ‘what should I do?’ The main axis of Luban’s project is criticism of the standard view supporting the principle that institutional morality is independent of social or individual morality. The principle of neutrality assumes that the morality of a professional role should be limited to the institutional dimension. Such an approach is supposed to prevent (especially in case of an attorney) any individual assessments of the client’s behaviour, or – in a broader sense – performing the professional role at one’s own discretion.

Keywords: legal culture, legal ethics, professional role, subjectivity/structure, moral responsibility

Language: Polish

Received: 06.06.2017
Accepted: 16.08.2017

Published: Number 1(16)/2018, pp. 21-33.

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Filed Under: Articles Tagged With: legal culture, legal ethics, moral responsibility, professional role, Przemysław Kaczmarek, subjectivity/structure

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Keywords

limits of legal interpretation veil of ignorance constitutional identity Monika Zalewska Leon Festinger syllogistic model for application of the law European Union narratology conscientious exemptions Karolina Gmerek German organ transplantation law analogy contextualism rational model death codification nonpositivist concept of law Jakub Łakomy corpus linguistics the input view positive responsibility Paulus Vladimiri legal text Bartosz Janik Searle Arkadiusz Barut emergency situation transnational memory of the Holocaust professional responsibility of lawyers CLC Aleksandra Samonek interpellation justice Maciej Koszowski anti-crisis regulations journalist Mateusz Wojtanowski Jarosław Mikołajewicz Marina Dawidowa legal philosophy discourse professional ethics person Andrzej Malinowski Ofer Raban liberalism dissenting opinion moral judgement Carlos Cossio lawyers’ professional self-government

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