Some Queries on the Moral Commitment and the Ethical Attorney
本文评论了Jones关于律师道德承诺的文章,结合心理学和经济学理论,探讨律师在道德困境中应优先选择“发声”而非“退出”或“忠诚”。
“Moral Commitment and the Ethical Attorney” by Thomas M. Jones provides an interesting approach to discourse on ethical issues. By combining the studies of psychologists with those of an economist, the author has made a valuable contribution to the developing field of business ethics. The theories of cognitive moral development advanced by Piaget, Kohlberg, Gilligan, and others blend well and are illuminated by the behavioral options suggested by Hirschman from the field of economics. The options of “exit, voice, and loyalty” appear to be useful as tools for an attorney when determining appropriate moral behavior in difficult situations. The author makes a well-reasoned, strong argument that voice ought to be the preferred option or at least the encouraged option for attorneys faced with moral tension between the legal rules whether found in the legal profession itself or outlined in the Rules of Professional Conduct. The author's approach has emphasized the importance of drawing upon a variety of disciplines to shed light upon the processes of ethical decision making.