Does the ethos of law erode?: lawyers' professional practices, self-understanding and ethics at work

Furthering an integrative ethics-as-practice framework, this paper explores the professional practices, self-understanding and ethics of lawyers working in the Germanic legal context. Existing studies of the legal profession often argue that changing conditions in law have led to a ‘constrained mora...

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Bibliographic Details
Published in:Journal of business ethics
Main Author: Loacker, Bernadette (Author)
Format: Electronic Article
Language:English
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Published: Springer Science + Business Media B. V 2023
In: Journal of business ethics
Further subjects:B Germanic legal profession
B Ethics as practice
B Ethos of law
B Professional practice
B Aufsatz in Zeitschrift
B Self-understanding and identity of lawyers
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Summary:Furthering an integrative ethics-as-practice framework, this paper explores the professional practices, self-understanding and ethics of lawyers working in the Germanic legal context. Existing studies of the legal profession often argue that changing conditions in law have led to a ‘constrained morality’ and an ‘erosion of ethos’ among lawyers. While the current study acknowledges shifts in lawyers’ ethos, it challenges the claim of an erosion or ‘lack’ of morality. The narratives of the interviewed practitioners rather suggest that socio-discursively constituted professional practices, identity and ethics are complex and contingent. Focusing on the ‘moral rules in use’ and how lawyers negotiate ethical matters ‘from within’ evokes ongoing ambiguities and struggles inscribed in ethical (self-)positions, pointing, as such, to the limits of assessing lawyers’ conduct as ‘ethical’ or ‘unethical’. The study thereby extends both normative and practice-based business and professional ethics studies.
ISSN:1573-0697
Contains:Enthalten in: Journal of business ethics
Persistent identifiers:DOI: 10.1007/s10551-022-05276-x