Agency, autonomy and a theology for legal practice

Mortensen, Reid (2002) Agency, autonomy and a theology for legal practice. Bond Law Review, 14 (2). pp. 391-413. ISSN 1033-4505

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Abstract

In this article, I do not deal with the morals of divorce. I assume that, after her own thoughtful consideration of the question, a Christian lawyer has concluded that a given divorce is not morally justified. The lawyer's personal, but religious, moral view motivates an analysis of the rival claims of religious and professional role morals. These are addressed principally by reference to the concept of autonomy, as that concept relates to legal practice. This also compels a discussion of autonomy, first as it is presented by the dominant secular liberal accounts of the lawyer's role, and secondly as it can be both redefined and repositioned from a Christian perspective. As will be seen, I accept that the Christian consciousness of God consumes decisions she is to make even as a lawyer in professional practice, and that this can demand 'careful' moral input in dealings with a potential client. If God is 'something greater than can be thought', the believer's understanding of what it means to do God's will must consume the choices she has to make in all of the social roles she has to adopt.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © 2002 by the author(s). All rights reserved.
Depositing User: Mrs Cynthia Douglass
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 06 Apr 2009 05:39
Last Modified: 20 Nov 2013 02:25
Uncontrolled Keywords: religion; theology; christianity; legal ethics; agency; autonomy; divorce
Fields of Research (FOR2008): 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220105 Legal Ethics
22 Philosophy and Religious Studies > 2204 Religion and Religious Studies > 220405 Religion and Society
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective (SEO2008): E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/5015

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