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Does the Ethos of Law Erode?: Lawyers’ Professional Practices, Self-Understanding and Ethics at Work

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published
<mark>Journal publication date</mark>30/09/2023
<mark>Journal</mark>Journal of Business Ethics
Issue number1
Volume187
Number of pages20
Pages (from-to)33-52
Publication StatusPublished
Early online date25/10/22
<mark>Original language</mark>English

Abstract

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.