Making lawyers moral : Ethical codes and moral character

This article argues that professional codes of conduct cannot perform the important task of ensuring that lawyers uphold high ethical standards. Instead, moral behaviour by lawyers requires the development of fixed behavioural attributes relevant to legal practice - what may be called a lawyer's professional moral character. At the same time, however, along with other factors, professional codes are important in that they can either contribute to or detract from the successful development of professional moral character. If so, it is argued that in order to have the best chance of assisting the character development of lawyers, codes should neither take the form of highly detailed or extremely vague, aspirational norms, but should instead guide ethical decision-making by requiring them to consider a wide range of contextual factors when resolving ethical dilemmas

Mindful reflexivity: Unpacking the process of transformative learning in mindfulness and discernment

Can spiritual practice encourage transformative learning? In this article, we unpack how spiritual practices from the Buddhist tradition—mindfulness—and the Quaker tradition—discernment—encourage the attainment of moral reflexivity and the capacity to transform self in individual and relational organizational contexts, respectively. We also show how moral reflexivity and self-transformation are mutually reinforcing and promote a transformational cycle of management learning. We propose that “mindful reflexivity”, a foundational model of spiritually informed moral reflexivity, can contribute to new ways of management learning through its context sensitivity and ethical orientation to foster the kinds of reflexivity needed for responsible management. Our article concludes with implications for management learning theory and practice, and we offer pathways for future research

More or Less within My Power: Nature, Virtue, and the Modern Stoic

Can the Stoic conception of what is within our power be adapted to fit our scientifically informed view of nature in general and of human nature in particular? This paper argues that it can, but not without a revision of the Stoic’s classical dichotomy of power principle, namely that some things are up to us, while others are beyond our control. Given the extent to which the Stoic way of life flows from a certain conception of what is real, a revision of the latter is bound to affect the former. The central argument is that for the modern Stoic, follow the facts means that nothing is entirely under our control just as nothing is entirely beyond it. Rather, things are more or less within my power, depending on the range of possibilities that living in accordance with a constantly evolving conception of nature affords

Ethnographic Research in the U.S. Intelligence Community: Opportunities and Challenges

This article considers lessons learned from conducting research inside the intelligence community. Drawing on a year of ethnographic field work and interviews at the National Counterterrorism Center, I show that “boundary personnel”- people who navigate between the worlds of academia and national security - provide value added in the form of tacit knowledge that outside researchers would not be able to deliver. At the same time, these people face delays, challenges to freedom of information, and ethical considerations that are unique to their positions. Despite setbacks, social scientists must continue their engagement with national security organizations to further our understanding of how these powerful institutions operate

Celluloid Legal Ethics: Discipline Redux (video review)

A recent addition to the field of video legal ethics is The Rest of the Story: Interviews with Two Disciplined Attorneys. Produced by Gerald Sternberg and Dyann Hafner, the film focuses on two attorneys who have been through the disciplinary process, covering how these attorneys got into trouble, what the disciplinary authorities did, and what advice the attorneys would give to other lawyers. As an exercise in legal ethics “storytelling,” The Rest of the Story is a partial success. The second attorney on the film—who was disciplined for alcohol-related neglect of post-conviction criminal representation—is animated, engaging, and believable. He is a man with personality, and he has the ability not only to maintain audience attention, but to persuade viewers that he is not so very different from them. In contrast, the first attorney in The Rest of the Story is not a person with whom it is easy to empathize and not a persuasive source of advice. To be sure, his story has instructional potential: it tells of how the attorney’s misappropriation of client funds led to a decision to commit suicide, and to marital breakup, criminal prosecution, disbarment, and, ultimately, employment as a substitute school teacher. Still, in the end, one is left with a nagging suspicion that film audience members would be unable to identify with the attorney. His story is more pathetic than gripping or memorable. The simple, sequential structure of the tape affords the option of omitting the first attorney’s story from classroom use. In this respect, Sternberg and Hafner’s film has an advantage—severability. The segment involving the second attorney runs a mere twenty minutes, and there may not be a better way than this for a class to focus sharply on the human dimensions of the disciplinary process

Carrie Menkel-Meadow: Dispute Resolution in a Feminist Voice

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman. Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to the law: To what extent are the legal institutions we deal with male-dominated, both in the values they reflect and the manner or means used to express those values? To what extent might the expression of feminine or female values, principles and qualities both in the ends desired and the means used to express those ends alter our legal institutions? How does the increased participation of women in these legal institutions move us toward or away from the realization of feminine values in the law? Over 40 years, Carrie elaborated on these questions to develop a thorough and wide-ranging feminist jurisprudence. This Essay attempts to do justice to her work. Part II recapitulates her account of the feminization of the law: the way that feminine values affect the substance of the law; the way that we practice and learn law; and the process of law, especially in the area of Carrie’s other love—dispute resolution. In particular, Carrie used a key narrative to illustrate competing approaches to problem-solving. Spurred by Carol Gilligan’s reanalysis of psychology studies, Carrie dove into the moral dilemmas used in psychology and recast the story of Amy and Jake (where they wrestle over the dilemma of whether to steal drugs to save a life) as a lesson in problem-solving. Throughout her writings, Carrie advocated for a feminine ethic of care to have equal footing with the more traditional (masculine) ethic of justice that has been hallowed in law. Part III of this Essay uses a different narrative from Carrie’s scholarship to illustrate the application of the feminization of the law. In the case of Ziba—a hypothetical mediation between an underage bride and her controlling husband, Ahmed—we see how Carrie’s own passions for feminism and dispute resolution collide in the mediation process she typically champions. Ultimately, Carrie’s treatment of the case puts into practice the ethic of care developed within her feminist jurisprudence

Carrie Menkel-Meadow: Dispute Resolution in a Feminist Voice

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman. Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to the law: To what extent are the legal institutions we deal with male-dominated, both in the values they reflect and the manner or means used to express those values? To what extent might the expression of feminine or female values, principles and qualities both in the ends desired and the means used to express those ends alter our legal institutions? How does the increased participation of women in these legal institutions move us toward or away from the realization of feminine values in the law? Over 40 years, Carrie elaborated on these questions to develop a thorough and wide-ranging feminist jurisprudence. This Essay attempts to do justice to her work. Part II recapitulates her account of the feminization of the law: the way that feminine values affect the substance of the law; the way that we practice and learn law; and the process of law, especially in the area of Carrie’s other love—dispute resolution. In particular, Carrie used a key narrative to illustrate competing approaches to problem-solving. Spurred by Carol Gilligan’s reanalysis of psychology studies, Carrie dove into the moral dilemmas used in psychology and recast the story of Amy and Jake (where they wrestle over the dilemma of whether to steal drugs to save a life) as a lesson in problem-solving. Throughout her writings, Carrie advocated for a feminine ethic of care to have equal footing with the more traditional (masculine) ethic of justice that has been hallowed in law. Part III of this Essay uses a different narrative from Carrie’s scholarship to illustrate the application of the feminization of the law. In the case of Ziba—a hypothetical mediation between an underage bride and her controlling husband, Ahmed—we see how Carrie’s own passions for feminism and dispute resolution collide in the mediation process she typically champions. Ultimately, Carrie’s treatment of the case puts into practice the ethic of care developed within her feminist jurisprudence

The value-added of primary schools: what is it really measuring?

This paper compares the official value-added scores in 2005 for all primary schools in three adjacent LEAs in England with the raw-score Key Stage 2 results for the same schools. The correlation coefficient for the raw- and value-added scores of these 457 schools is around +0.75. Scatterplots show that there are no low attaining schools with average or higher value-added, and no high attaining schools with below average value-added. At least some of the remaining scatter is explained by the small size of some schools. Although some relationship between these measures is to be expected – so that schools adding considerable value would tend to have high examination outcome scores – the relationship shown is too strong for this explanation to be considered sufficient. Value-added analysis is intended to remove the link between a schools’ intake scores and their raw-score outcomes at KS2. It should lead to an estimate of the differential progress made by pupils, assessed between schools. In fact, however, the relationship between value-added and raw scores is of the same size as the original relationship between intake scores and raw-scores that the value-added is intended to overcome. Therefore, however appealing the calculation of value-added figures is, their development is still at the stage where they are not ready to move from being a research tool to an instrument of judgement on schools. Such figures may mislead parents, governors and teachers and, even more importantly, they are being used in England by OFSTED to pre-determine the results of school inspections