Grounding legal ethics learning in social scientific studies of lawyers at work

Robertson, Michael and Tranter, Kieran (2006) Grounding legal ethics learning in social scientific studies of lawyers at work. Legal Ethics, 9 (2). pp. 210-229. ISSN 1460-728X

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Abstract

Legal ethics education, in Australia and elsewhere, has emphasised normative accounts of lawyers' professional responsibility. In the alternative we suggest legal ethical education should be informed by social scientific studies of lawyers' work. We argue that these studies reveal that legal practice is permeated with opportunities for choice, despite the rules and contextual factors that influence lawyersv practice decisions. We suggest that teaching that is designed to encourage students to come to terms with both the frequency and the situational complexity of ethical decision making, in the many discretionary spaces that inhabit the lawyer' s role, may result in qualitatively better learning outcomes in legal ethics education.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: 'Copyright... remains the property of the contributor.' http://www.hartjournals.co.uk/le/contrib.html
Depositing User: ePrints Administrator
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 29 Nov 2011 07:30
Last Modified: 15 Oct 2014 03:53
Uncontrolled Keywords: legal education; legal ethics; legal work
Fields of Research (FOR2008): 13 Education > 1302 Curriculum and Pedagogy > 130205 Humanities and Social Sciences Curriculum and Pedagogy (excl. Economics, Business and Management)
22 Philosophy and Religious Studies > 2201 Applied Ethics > 220105 Legal Ethics
18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/20250

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