Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR
  • About us
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors
  • Ethics
  • Contact
  • Polski

Rule of law, public philosophy and moral responsibility of scientists

Prof. dr hab. Lech Morawski

Uniwersytet Mikołaja Kopernika w Toruniu

English abstract: The paper discusses some relationships between the rule of law and the public philosophy. It is unquestionable that nowadays the scientism has become one of the dominant ideologies of industrial and post-industrial societies. Scientists and researchers take an active part in public life, are advisors to governments and corporations, comment in the media important public events. Thus, the problem arises of their moral and legal responsibility for what they say and do in public life. In my opinion, we may distinguish two different models of responsibility, which I call a model of scientist as an ordinary citizen and model of scientist always on duty. To put it another way, we may ask, whether the scientist in public life like an ordinary citizen can act in accordance with his political, economic or religious sympathies and preferences or just like a judge, priest or a physician is always „on duty” and always must follow all the rules of his profession. I defend the view that the adoption of the second model is one of the necessary preconditions of the existence of informed and rational public opinion and thus, the informed and rational rule of law.

Keywords: rule of law, moral responsibility, legal responsibility, public philosophy

Language: Polish

Published: Number 2(9)/2014, pp. 85-94

Download: Download

Number of downloads: 135

Filed Under: Articles Tagged With: legal responsibility, moral responsibility, public philosophy, rule of law

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.

Download file: Download
Number of downloads:
195

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

Szukaj

Categories

  • Articles
  • Bez kategorii
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

culture of justification claim to correctness law-maiking court decisions Hanna Dębska work prevention Legal institution regulation of order will public subjective rights law as planning security service Tomasz Grzybowski Hart-Dworkin debate Katarzyna Hanas lawyers’ professional self-government analogy Devlin Sławomir Drelich death Walzer Rafał Mańko Anscombe multicentrism reducing pensions of communist officials indigenous people ordoliberalism politics of memory public protection of truth axiology manuscrits philosophiques clandestins lawyers’ language Błażej Kmieciak principle of law Noam Chomsky ethos cultural relativism legal theory crisis of the rule-of-law state Maciej Dybowski Zygmunt Bauman theory of meaning exploitation legal knowledge encounter Yang Deyou legal operators justice political community

Copyright © 2023 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Karolina Gmerek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT