Edited By Dariusz Jemielniak
The Problem of Scope of Professionals’ Moral Responsibility and Its Applications in Legal Ethics
The problem of the moral responsibility of lawyers belongs to the philosophical areas of professional ethics. It may be said that it is central to professional ethics, alongside the issue of its codification. For if we assume that every individual has some more or less developed personal sense of moral responsibility, it must be acknowledged simultaneously that this may conflict with professional duties established for example in the form of an act or a code of professional ethics. For this reason, it may be assumed that these conflicts should be mitigated by the existence of a professional community within which free and equal ethical-professional discourses are held about the values of a given profession. They mediate the relation between the individual approach of a given profession’s representatives, and the norms of that profession’s code, because the former may be manifested in ethical-professional discourses and be cemented by codification via consensus of the community. The more remote the consensus from authentic agreement made on honest terms by the whole community, the higher the risk of conflict occurrence between juridised professional ethics, and its individual comprehension and sense of responsibility related to it [Skuczyński 2013, chapter 3.6.2, Cf. Kaczmarek 2013, p. 13 et seq.].
However, the moral responsibility of lawyers should not be understood only as a psychological fact which is a source of theoretical problems solved more or less successfully by accepting assumptions of discourse ethics. If we presume that moral responsibility is...
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