This thesis explores how Christian lawyers in Australia negotiate the two ethical worlds to which they are subject: the ‘ethical world’ of legal practice, and the ‘ethical world’ of the Christian faith.
It begins by considering the body of normative literature (both secular and faith-based) about the ethical world of lawyers. Some of the main themes of this literature include:
- The nature of the role of lawyer, and the moral justifications for that role;
- The lawyer-client relationship and in particular, how tensions between the client’s proposed instructions and the lawyer’s personal values ought be resolved;
- The sources from which a lawyer ought seek ethical guidance in the resolution of a legal dispute;
- The conduct of legal practice more broadly.
The thesis continues by classifying the faith-based literature into four ‘models’ or approaches to faith-based ethical decision-making in legal practice. The models focus on literature written from the perspective of the Christian faith, but literature written from the perspective of other faiths has been referenced where there are comparisons.
The thesis then explores the views of a group of Christian lawyers in both metropolitan and regional areas in Australia about the key themes of the normative literature. These views were expounded during semi-structured interviews with the participants. Conclusions are then drawn about whether there are parallels between the themes and models of the normative literature, and the views and approaches of the lawyers interviewed
