Are codes of professional ethics ethical?

This essay reviews and situates codes of professional ethics within the general field of ethics and considers the specific characteristics of such codes. In the process, the author argues against the view that one's professional role and code take precedence over other roles or codes. One's personal value system, once clarified and criticized, provides the appropriate basis from which to continuously assess our codes of professional ethics.     

Lawyers’ wellbeing and professional legal education

Abstract

THIS PAPER examines the wellbeing and satisfaction levels of lawyers in the workplace. It argues that research suggesting a crisis in the legal profession in the United States is comparable with research on wellbeing and levels of satisfaction for lawyers in Australasia. Some reports in both jurisdictions are critical of conventional legal education and practical legal training programs, which do not encourage students to develop personal and interpersonal skills that can improve self‐awareness, communication skills and the capacity to manage stress and anxiety. Consequently, law students are allowed to assume that these “soft skills” are less important for lawyers compared with cognitive skills such as “knowing the law” and “thinking like a lawyer”.

The paper describes the preliminary results of research conducted with graduates of the School of Law at the University of Newcastle Australia. The results confirm existing research to show that clinical legal education programs that expose law students under supervision to clients with real cases may promote the development of interpersonal skills, which in turn may help them cope with stressors in legal practice, especially in the first few years post‐admission.     

Fitting stories into professional legal education—the missing ingredient

Abstract

THIS ARTICLE considers the absence of story‐telling from legal education in England and Wales. This important aspect of persuasion is quite thoroughly considered in the academic and professional legal literature of the USA and Australia, for example, but has received very little attention in England, specifically when one looks at professional legal education and training. Currently, the training programme for law graduates (who will qualify as barristers1) devotes considerable time to training in advocacy skills and often in case preparation as well but typically little or no time to the concept of story‐telling or story‐framing. These training programmes do not seek to inform our lawyers‐in‐waiting about the ways in which fact‐finders make decisions.

If one actively seeks information and learned comment on the topic of story‐telling, the legal trainer in England is forced to turn elsewhere, usually to the USA. Undoubtedly, research is ongoing in England on the topic of juror decision‐making but at present this tends to be the exclusive province of psychologists. This article will suggest that this topic is a vital missing ingredient in professional legal training in England and that space must be made for its inclusion in such training programmes. Consideration will be given to the most appropriate ways to facilitate this inclusion.

Life is not what one lived, but what one remembers and how one remembers it in order to recount it.2     

Can minimum prices assure the quality of professional services?

This paper studies the effects of a minimum price fixed by a bureaucratic non-monopolistic professional association on service quality and consumer surplus. It shows that the price set by a Niskanen-type professional association will maximize consumer surplus only if consumers demand the highest possible average quality. If consumers demand services of lesser quality, the association’s price will be too high if measured by consumer surplus. Moreover we show that a deregulated market will always reproduce the favorable result of a uniformly high price in the case of top quality demand, while delivering superior results in the case of a mixed demand for high and low quality services.     

Codes of professional responsibility for lawyers: ethics or law?

The American Bar Association has three times in this century produced a code of ethics for lawyers. The movement has clearly been from a general, hortatory format to one of a statement of principles of law. In the ABA's latest effort, the problems of client confidentiality loom as the most serious and most difficult to solve. The question of ethics versus law weighs heavily in this context, and the ABA's latest resolutions of the confidentiality problems are found to be unsatisfactory.     

Power''''s Performing and Stipulating——The case study of professional organizition Football Association

足球比赛中“黑哨”现象的存在,使《体育法》所预期的一些社会效果没有得到实现。从分析中国足协的性质入手, 说明了足协和裁判的权力来源,认为对足协和裁判的权力未进行有效的规制,司法监督的缺失和内部管理的弱化,是“黑哨”现象形成的重要原因。要消灭“黑哨”现象,必须加强法律和规章的建设,对足协和裁判的权力实行有效的规制,使制造不公平者,受到公平的制裁。     

Codes of professional conduct for Australian Defence Force military physicians: evenomating the serpent?

The scandal of health professionals' involvement in recent human rights abuses in United States military detention centres has prompted concern that Australian military physicians should be well protected against similar pressures to participate in harsh interrogations. A framework of military health ethics has been proposed. Would a code of professional conduct be a partial solution? This article examines the utility of professional codes: can they transform unethical behaviour or are they only of value to those who already behave ethically? How should such codes be designed, what support mechanisms should be in place and how should complaints be managed? A key recommendation is that codes of professional conduct should be accompanied by publicly transparent procedures for the investigation of serious infractions and appropriate disciplinary action when proven. The training of military physicians should also aim to develop a sound understanding of both humanitarian and human rights law. At present, both civil and military education of physicians generally lacks any component of human rights law. The Australian Defence Force (ADF) seems well placed to add codes of professional conduct to its existing ethical framework because of strong support at the highest executive levels.     

Police students’ perceptions of professional competences: a comparative study of Catalonia and Sweden

This study is part of the European cooperation project, Recruitment, Education, and Career in the Police. The overall aim of this study is to compare how Swedish and Catalan police students perceive different competence dimensions in relation to their future profession, and how the perceptions of these competence dimensions change from the beginning to the end of the training program. The empirical data is based on identical questionnaires that were distributed to police students in Sweden and Catalonia. The results show different patterns in how Catalan and Swedish police students perceive the importance of the different competences at the beginning and at the end of their basic training programs. The implications of this study show that more knowledge is needed about the next step; that is, how the police students use these competencies in their professional work.     

Chinese dragon or toothless tiger? Regulating the professional competence of traditional Chinese medicine practitioners

The escalation in popularity of complementary and alternative medicine (CAM) has begun to stimulate regulatory responses to ensure the safety and efficacy of different modalities. The Therapeutic Goods Authority in Australia oversees a scheme of listing and registration, said to lead the world. Established CAM courses now confer recognised bachelor degrees. Victoria has recently regulated Traditional Chinese Medicine (TCM) practitioners, through the Chinese Medicine Registration Act 2000 (Vic), modelled on legislation regulating medical practitioners. CAM is being integrated into conventional medical (especially general) practice, and calls for the "mainstreaming" of CAM are increasing. Integrating CAM, however, involves a critical incoherence, well illustrated by the Victorian legislation. Clinical competence can only be properly assessed against standards established through scientific validation. If CAM systems, which purport to offer alternatives to science-based medicine, are regulated through conventional instruments, they may well be relinquishing the very identities which set them apart.     

Serving two masters? Recent legal developments regarding the professional obligations of medical administrators in Australia

Medical administration is a recognised medical specialty in Australia. Historically, medical administrators have rarely been subjected to litigation or disciplinary hearings relating specifically to their administrative functions. However, the legal landscape for medical administrators in Australia appears to be shifting. In 2009, the Queensland Health Practitioners Tribunal heard two separate cases involving the professional conduct of medical administrators who were implicated in the scandal surrounding Dr. Jayant Patel at Bundaberg Hospital. In September 2010, judgment in one of those cases was delivered. This article reviews the tribunal's decision through the lens of relevant United Kingdom authorities and recent legislative changes in Australia regulating the health professions.     

Hardened professional criminals,or just friends and relatives? The diversity of offenders in human trafficking

ABSTRACT

Human trafficking has been extensively discussed, studied and debated over the past 20 years, but many misleading images and stereotypes still exist regarding trafficking, its victims and its perpetrators. Trafficking is often framed as a problem of organised crime. The article problematises (1) the stereotypical images of perpetrators and (2) the involvement of organised crime in human trafficking, particularly in Finland, drawing on court cases that deal with trafficking in human beings. The article analyses, on the one hand, the characteristics of detected traffickers by reflecting the findings against the image of the ideal offender and, on the other hand, the role and involvement of organised crime in human trafficking. The article concludes that most convicted traffickers are not so-called ideal offenders. The variety of traffickers involved in the cases studied does not correspond very well to the rather stereotypical and oversimplified image of traffickers and ideal offenders.     

From a ‘peasant parliament’ to a ‘professional parliament'? Change in the Icelandic Althingi

The present article seeks to describe and analyse parliamentary change in the Icelandic Althingi, probably one of the least known of the west European legislatures. The first question asked is ‘Has there been a professionalisation of the Icelandic parliament?’ and, secondly, ‘Has there been a professionalisation of Icelandic legislators?’ The article is in three sections. The first gives a very brief overview of the main institutional features of the Althingi before 1991. The second focuses on changes in the legislative capacity of the Althingi, whilst the third explores possible changes in the legislative culture of the assembly. The study draws on three sources: official statistical material and other parliamentary documentation; discussions with senior parliamentary staff; and hour‐long interviews with three veteran Atlhingi members boasting a total of 80 years parliamentary experience between them.     

“Too much changing has happened to go back”: professional development,paradigm shifts and poetry

Restorative justice (RJ) holds significant potential as a means for nurturing relational school cultures and addressing harm within those contexts. However, educators participating in professional development (pd), often articulate a commitment to RJ in principle but tend to continue practicing a pedagogy that focuses on controlling student (mis) behavior apart from its relational context. Considering the strong philosophical perspective of humanity on which RJ is grounded, this phenomenological case study examines the impact of pd that explicitly (a) engages with core beliefs and values of RJ and (b) invites participants to examine their personal philosophical stance. Employing theory-guided analysis and poetic inquiry to examine participants’ reflections nine months following their experience, results indicate that commitment and practice are better aligned. A significant change in perspectives emerges self; others; current practice; and group engagement. A list of recommended components for professional development concludes the article.     

Angels of mercy? The legal and professional implications of withdrawal of life-sustaining treatment by nurses in England and Wales

In circumstances where life-sustaining treatment appears merely to be drawing out the inevitable, it is usual practice for the healthcare team to withdraw aggressive life-sustaining measures, once agreement is reached with the patient and their family. Common law gives doctors several defences to allegations of criminality or malpractice in taking the key actions that withdraw treatment and result in the patient's death; however, the legal defensibility of nurses undertaking this role has not been explored. In the absence of a specific body of law related to nurses taking the actions that withdraw life-sustaining treatment, I discuss the probable legal response by considering parallel cases. Examining some of the circumstances in which doctors are allowed to take life, I argue that the legal dispensation by which doctors are permitted to perform these tasks rests largely on their identity as doctors rather than any distinctive feature of their activities themselves. This uniqueness means that medical law for nurses is quite distinct from that for doctors. While it may nevertheless give nurses practical exemption from the legal consequences of their actions in withdrawal, it depends upon a judicial view that nurses are instruments of doctors. This judicial position is at odds with nurses' professional responsibilities, which envisage them as independent professionals who are liable for their own actions, inviting potentially adverse consequences from their professional registrar.     

Multijurisdictional practice and the health lawyer: will your practice benefit from the new ABA model rules of professional conduct?

At the end of the twentieth century, bar scholars and regulators were reexamining two traditionally improper aspects of legal practice. The first was the multidisciplinary practice of law, which would permit lawyers to offer accounting and other professional services to their clients, and allow lawyers to share fees with non-lawyers. The second was the multijurisdictional practice of law, which would permit a lawyer licensed in one jurisdiction to practice law in other jurisdiction in which he was not admitted to the bar. Enron and other corporate scandals deflated the movement towards multidisciplinary practice, but the movement to allow multijurisdictional practice bore some limited, yet important, results. This Article argues that the American Bar Association's new Model Rules 5.5 and 8.5, which broaden the ability of healthcare lawyers to practice outside of the states in which they are admitted, are a suitable accommodation to today's mode of practice, while still preserving the states' ability to regulate lawyers and protect clients.