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On Lawyers and Moral Discernment

By Robert E. Rodes

Abstract

Drawing on Jacques Maritain\u27s doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply

Topics: morals, lawyer, Legal Ethics and Professional Responsibility, Legal Profession
Publisher: NDLScholarship
Year: 2007
OAI identifier: oai:scholarship.law.nd.edu:law_faculty_scholarship-1817
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