Archiwum Filozofii Prawa i Filozofii Społecznej

Self-government institutions of the legal professions of public trust in the light of assumptions of Paul Ricoeur’s ‘little ethics’

Redakcja — Thu, 12 Jul 2018 10:20:38 +0000

Dr Marcin Pieniążek

Andrzej Frycz Modrzewski Krakow University

English abstract: In this article, the problems of institutional aspects of lawyers’ legal ethics are discussed. On the theoretical plane, the concept of lawyers’ self-government institutions is reinterpreted in the perspective of ‘little ethics’ outlined by Paul Ricoeur’s in his work Oneself as Another. This approach is cognitively justified because, in the light of the assumptions adopted by the philosopher, the ethical aspiration of an entity can be fully realised only in ‘just institutions’. In the first place, the text discusses the fundamental importance of the institution, taking into consideration the achievements of legal meta-ethics. The point of reference for the analyses undertaken by the author is the role played by the concept in question in the ethical and professional codifications of the self-governments of attorneys and legal advisors in Poland. In the key part of the discussion, Ricoeur’s concept of ethics is adopted as the basis for systematizing and reinterpreting the issues relating to institutions of self-government of the legal professions of public trust. Ultimately, the theory of professional ethics, referring to the philosopher’s work, enables characterising in a comprehensive way the ethical aspirations of a lawyer at the internal, interpersonal and institutional levels.

Keywords: institutions, lawyers’ professional self-government, legal ethics, ‘little ethics’, Paul Ricoeur

Language: Polish

Received: 06.06.2017
Accepted: 08.09.2017

Published: Number 1(16)/2018, pp. 54-68.

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Number of downloads: 345

Reflexivity and the Codification of Legal Ethics. Remarks on the Basis of Paul Ricoeur’s “Little Ethics” Theory

Redakcja — Wed, 03 May 2017 21:28:32 +0000

Dr Marcin Pieniążek

Andrzej Frycz Modrzewski Kraków University

Abstract: Codes of legal ethics encounter constant waves of criticism. It is pointed out that their disadvantage is, on the one hand, the excessive casuistry, limiting the possibility of taking independent decisions in cases of ethical and professional conflicts, and, on the other hand, the exaggerated declarative character of perfectionist ethical and professional virtues. The gap between the abovementioned perspectives, easily perceived in such codes, results in a dysfunctionality of professional ethics in the actions undertaken by members of the legal profession. The article, apart from the critical-comparative part, includes a proposal of reading and interpreting the content of the codes in a way that transgresses the above opposition. The theoretical basis of the presented position is provided by the concept of “little ethics” formulated by Paul Ricoeur in his work Oneself as Another. The ethical theory developed by Ricoeur combines the elements of Aristotelian ethics of virtues with Kantian ethics of duty. For this reason, it sets a uniform perspective for opposing elements, namely: subordination to the norm of the code and pursuit of ethical and professional self-improvement by legal professionals. The proposed solution belongs to the “reflexive” paradigm of the lawyer’s professional ethics proposed on the basis of Ricoeur’s onto-ethical theory.

Language: English

Keywords: legal ethics, codification, reflexivity, Paul Ricoeur, teleological ethics, deontological ethics, “little ethics”

Published: Number 2(13)/2016, pp. 39-50.

DOI: https://doi.org/10.36280/AFPiFS.2016.2.39

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Number of downloads: 579