This paper tests Harry Arthur's theory that there is an “ethical economy“ of lawyer regulation in Canada, in which Canadian law societies use their regulatory powers only in high reward/low risk cases - ie, where the practitioner is less likely to resist their authority and the offence is morally unambiguous. Analysing reported cases from 2009 in British Columbia, Alberta, Saskatchewan, Manitoba and Nova Scotia the paper concludes that Arthurs' description still accurately characterises the regulation of lawyers by Canadian law societies. (...) The paper then conducts a case study of law society and court cases related to one Canadian lawyer, Anthony Merchant, to assess whether the ethical economy is inevitable, or whether a different approach to lawyer regulation can and should be undertaken. (shrink)

Research on moral judgment has been dominated by rationalist models, in which moral judgment is thought to be caused by moral reasoning. The author gives 4 reasons for considering the hypothesis that moral reasoning does not cause moral judgment; rather, moral reasoning is usually a post hoc construction, generated after a judgment has been reached. The social intuitionist model is presented as an alternative to rationalist models. The model is a social model in that it deemphasizes the private reasoning done (...) by individuals and emphasizes instead the importance of social and cultural influences. The model is an intuitionist model in that it states that moral judgment is generally the result of quick, automatic evaluations (intuitions). The model is more consistent than rationalist models with recent findings in social, cultural, evolutionary, and biological psychology, as well as in anthropology and primatology. (shrink)

Ordinary moral thought often commits what social psychologists call 'the fundamental attribution error '. This is the error of ignoring situational factors and overconfidently assuming that distinctive behaviour or patterns of behaviour are due to an agent's distinctive character traits. In fact, there is no evidence that people have character traits in the relevant sense. Since attribution of character traits leads to much evil, we should try to educate ourselves and others to stop doing it.

��Is moral judgment accomplished by intuition or conscious reasoning? An answer demands a detailed account of the moral principles in question. We investigated three principles that guide moral judgments: (a) Harm caused by action is worse than harm caused by omission, (b) harm intended as the means to a goal is worse than harm foreseen as the side effect of a goal, and (c) harm involving physical contact with the victim is worse than harm involving no physical contact. Asking whether (...) these principles are invoked to explain moral judgments, we found that subjects generally appealed to the first and third principles in their justifications, but not to the second. This finding has significance for methods and theories of moral psychology: The moral principles used in judgment must be directly compared with those articulated in justification, and doing so shows that some moral principles are available to conscious reasoning whereas others are not. (shrink)

Several philosophers have recently claimed to have discovered a new and rather significant problem with virtue ethics. According to them, virtue ethics generates certain expectations about the behavior of human beings which are subject to empirical testing. But when the relevant experimental work is done in social psychology, the results fall remarkably short of meeting those expectations. So, these philosophers think, despite its recent success, virtue ethics has far less to offer to contemporary ethical theory than might have been initially (...) thought. I argue that there are plausible ways in which virtue ethicists can resist arguments based on empirical work in social psychology. In the first three sections of the paper, I reconstruct the line of reasoning being used against virtue ethics by looking at the recent work of Gilbert Harman and John Doris. The remainder of the paper is then devoted both to responding to their challenge as well as to briefly sketching a positive account of character trait possession. (shrink)

Bradley Wendel, Lawyers and Fidelity to Law, xii + 286 pp. Normative accounts of the lawyer's role search for a singular justification for that role. I...