Petryfikacja i zakotwiczenie. O legalizacji etyki prawniczej

• Authors: Rybiński, Przemysław

Abstracts

PL

The title of this essay relates to two features that are unique to legal ethics and, as one might say, set legal ethics apart from law itself. Each particular ethical norm is genetically and praxeologically rooted in the so-called prime directive, i.e. in an abstract understanding of what is moral in a universal (common) sense and in one’s understanding what role lawyers play in society. This rooting is dynamic in its nature. The idea of petrification, however, appears to work in the opposite direction: legal ethics practitioners note a certain tendency to perceive legal ethics as if it was law, albeit a specific portion of it and the one addressed to specific (non-general) audience. This idea is manifested in the silent incorporation of legal concepts (substantive and procedural) – originally existing in criminal law – into legal ethics, thus ‘petrifying’ it and altering its original dynamic nature. However, such ‘legalisation’ of legal ethics cannot succeed as long as the rooting mechanism remains active.

Keywords

PL

law; legal ethics; professional ethics

• Publisher: Wydawnictwa Uniwersytetu Warszawskiego
• Journal: Studia Iuridica
• Year: 2020
• Volume: 83
• Pages: 212-219

Dates

published

2021-02-17

Contributors

author

Rybiński, Przemysław

Identifiers

DOI

https://doi.org/10.31338/2544-3135.si.2020-83.14