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

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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Does the Ethos of Law Erode? Lawyers’ Professional Practices, Self-Understanding and Ethics at Work. / Loacker, Bernadette.
In: Journal of Business Ethics, Vol. 187, No. 1, 30.09.2023, p. 33-52.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Loacker, B 2023, 'Does the Ethos of Law Erode? Lawyers’ Professional Practices, Self-Understanding and Ethics at Work', Journal of Business Ethics, vol. 187, no. 1, pp. 33-52. https://doi.org/10.1007/s10551-022-05276-x

APA

Loacker, B. (2023). Does the Ethos of Law Erode? Lawyers’ Professional Practices, Self-Understanding and Ethics at Work. Journal of Business Ethics, 187(1), 33-52. https://doi.org/10.1007/s10551-022-05276-x

Vancouver

Loacker B. Does the Ethos of Law Erode? Lawyers’ Professional Practices, Self-Understanding and Ethics at Work. Journal of Business Ethics. 2023 Sept 30;187(1):33-52. Epub 2022 Oct 25. doi: 10.1007/s10551-022-05276-x

Author

Loacker, Bernadette. / Does the Ethos of Law Erode? Lawyers’ Professional Practices, Self-Understanding and Ethics at Work. In: Journal of Business Ethics. 2023 ; Vol. 187, No. 1. pp. 33-52.

Bibtex

@article{6a14dadc32cc4fda941df91c7817ae03,
title = "Does the Ethos of Law Erode?: Lawyers{\textquoteright} Professional Practices, Self-Understanding and Ethics at Work",
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 {\textquoteleft}constrained morality{\textquoteright} and an {\textquoteleft}erosion of ethos{\textquoteright} among lawyers. While the current study acknowledges shifts in lawyers{\textquoteright} ethos, it challenges the claim of an erosion or {\textquoteleft}lack{\textquoteright} 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 {\textquoteleft}moral rules in use{\textquoteright} and how lawyers negotiate ethical matters {\textquoteleft}from within{\textquoteright} evokes ongoing ambiguities and struggles inscribed in ethical (self-)positions, pointing, as such, to the limits of assessing lawyers{\textquoteright} conduct as {\textquoteleft}ethical{\textquoteright} or {\textquoteleft}unethical{\textquoteright}. The study thereby extends both normative and practice-based business and professional ethics studies.",
keywords = "Germanic legal profession, Self-understanding and identity of lawyers, Professional practice, Ethics as practice, Ethos of law",
author = "Bernadette Loacker",
year = "2023",
month = sep,
day = "30",
doi = "10.1007/s10551-022-05276-x",
language = "English",
volume = "187",
pages = "33--52",
journal = "Journal of Business Ethics",
issn = "0167-4544",
publisher = "Springer Netherlands",
number = "1",

}

RIS

TY - JOUR

T1 - Does the Ethos of Law Erode?

T2 - Lawyers’ Professional Practices, Self-Understanding and Ethics at Work

AU - Loacker, Bernadette

PY - 2023/9/30

Y1 - 2023/9/30

N2 - 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.

AB - 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.

KW - Germanic legal profession

KW - Self-understanding and identity of lawyers

KW - Professional practice

KW - Ethics as practice

KW - Ethos of law

U2 - 10.1007/s10551-022-05276-x

DO - 10.1007/s10551-022-05276-x

M3 - Journal article

VL - 187

SP - 33

EP - 52

JO - Journal of Business Ethics

JF - Journal of Business Ethics

SN - 0167-4544

IS - 1

ER -