Grounding legal ethics learning in social scientific studies of lawyers at work
Article
Article Title | Grounding legal ethics learning in social scientific studies of lawyers at work |
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ERA Journal ID | 33573 |
Article Category | Article |
Authors | Robertson, Michael (Author) and Tranter, Kieran (Author) |
Journal Title | Legal Ethics |
Journal Citation | 9 (2), pp. 210-229 |
Number of Pages | 20 |
Year | 2006 |
Publisher | Taylor & Francis |
Place of Publication | Oxford, United Kingdom |
ISSN | 1460-728X |
Abstract | Legal ethics education, in Australia and elsewhere, has emphasised normative accounts of lawyers' professional responsibility. In the alternative we suggest legal ethical education should be informed by social scientific studies of lawyers' work. We argue that these studies reveal that legal practice is permeated with opportunities for choice, despite the rules and contextual factors that influence lawyersv practice decisions. We suggest that teaching that is designed to encourage students to come to terms with both the frequency and the situational complexity of ethical decision making, in the many discretionary spaces that inhabit the lawyer' s role, may result in qualitatively better learning outcomes in legal ethics education. |
Keywords | legal education; legal ethics; legal work |
ANZSRC Field of Research 2020 | 390107. Humanities and social sciences curriculum and pedagogy (excl. economics, business and management) |
500105. Legal ethics | |
480505. Legal practice, lawyering and the legal profession | |
Public Notes | 'Copyright... remains the property of the contributor.' http://www.hartjournals.co.uk/le/contrib.html |
Byline Affiliations | Griffith University |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q105q/grounding-legal-ethics-learning-in-social-scientific-studies-of-lawyers-at-work
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