Chapter 1: Introductory Remarks

1.1 Conceptual Background

1.1.1 Course Nomenclature
 Legal ethics
 Legal professionals’ ethics
 Legal profession & ethics
 Lawyers’ ethics
 Applied ethics
It is not unusual to find the aforementioned different nomenclatures for the same course which
Ethiopian law schools opt to use the phrase ‘legal profession & ethics’.
However, it should be noted that the choke is will not be made

1. Arbitrarily
2. On personal preference
3. Due to habit of the mind

But Rather

Expected to be
1. Guided by the rule of grammar in the language the curriculum at hand is designed
2. Official/formal justifications
3. Intended to either widen or limit scope of the course

1.1.2 Course Description

 Definition of Ethics

There is no uniform definition for ethics. Its definition is as many as the number of philosophers
who attempts to define. Ethics is a complex tapestry, a picture with many colours1. Accordingly,
it can be expressed in variously ways. For instance:

o Etymological Approach

1
. Ray Noble. Medical Ethics in the Global Village; London University College, 2015, p7

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Etymologically speaking, the word ethics it is derived from the Greek word ‘Ethos’, meaning
character.

o Functional Approach

Functionally speaking, ethics deals with the rational justification, standards or appeals for our
moral judgments.

o Other Expressions
1. The study of morality
2. The study of standards of human conduct & moral judgment
3. Expression of character as good/bad as per standards
4. A set of principles or standards of human conduct that govern the character of individuals
5. The study of standards of conduct and moral judgment
6. A term used to describe the field of moral philosophy which ‘involves systematizing,
defending, and recommending concepts of right and wrong charater’
7. The study of human character (expressed in action)
8. One of the 5 traditional branches of philosophy (metaphysics, aesthetics, epistemology&
logic) that deals about the standards judging (right/wrong) on character of a person as
described in in actions.
9. It also deals with issue such as human conduct, moral responsibility & investigates about the
application of ethical principles to the practice of professions such as law, medicine …
 Common Elements of the Definitions

The 3 elements commonly found in one or other ways in the aforementioned definitions
includes: Character, characterization & standard of characterization. Character refers to the
distinctive moral qualities of an individual manifested while responding to a certain stimuli;

whereas characterization is the categorization of these moral responses as right or wrong. And
standard is the measure used to distinguish the revealed character as right or wrong.

 Whose character?
Whose character is the concern of ethical studies; human or animal? For the very reason that
animate & inanimate creatures are not moral beings; dealing with animate or in animate behavior
is beyond the scope of ethical studies.

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  Which human character is the Concern of Ethical study?

The Expressed one, the hidden character is the concern of other behavioral sciences such as
psychology

 Standard of characterization

Standards are criteria to determine the moral value of an action, omission or decision; for
instance, for consequentialists like Bentham & Mill the morality of an action is determined by
the pleasure it produce. It is moral if it produce pleasure & immoral if produce pain.

To sum up the discourse in the course description, the course is all about legal ethics and
professional character commonly suitable to legal profession in general and each legal profession
with in legal profession on services such as prosecution, litigation & adjudication (judges,
prosecutors & advocates).2

 Types/ branches/ of Ethics

Ethics is categorized in to 4 types of operational areas: normative, meta, descriptive & applied.

1. Descriptive Ethics
It deals with what people actually behave rather than evaluating as right or wrong. It is an
approach used when researchers or ethicists want to describe what people think about morality or
when they want to describe how people actually behave, the is, of morality. A good example of
descriptive ethics is a research that identifies medical professionals’ attitudes regarding telling
patients the truth about their terminal illness, legal professionals’ attitude on decline of advocacy
service owing to character of their potential client.
2. Normative ethics

This method of ethical study attempt to decide or prescribe values, behaviors, and ways of being
that are right or wrong, good or bad, admirable or deplorable. it inquiries about how humans
should behave, what ought to be done in certain situations, what type of character one should
have, or how one should be ; i.e. mainly concerned with what ought to be done rather than what
is happing in reality.

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. Key Words: Ethics, Law & Profession

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It is also called as prescriptive ethics for its outcomes of normative ethics are the prescriptions
derived from asking normative questions. These prescriptions include accepted moral standards
and codes. One such accepted moral standard is the common morality. The common morality
consists of normative beliefs and behaviors that the members of society generally agree about

The ultimate principles of ‘Normative Ethics is doing to other as we want them to do to us.
Normative Ethics also anticipates rational justification and teaches a lesson to a person who
really disturbs the social and moral order.
3. Meta ethics

Meta ethics involves the study of ethics from a theoretical point of view, i.e., creating awareness
on the topic similar to other areas of study. In particular, the focus is on the origin of ethics (how
this is understood), the meaning of ethical concepts such as right and wrong, e.g. discussing what
could be considered right and wrong behaviour. This branch is concerned about analyzing the
nature & status of ethical theories. Its focus is not on the inquiry about what ought to be done or
what behaviors should be prescribed. Instead, it is concerned with understanding the language of
morality through an analysis of the meaning of ethically related concepts and theories, such as
the meaning of good, happiness, and virtuous character.

4. Applied ethics

It is a fairly recent and quite straightforward development as it attempts to deal about applying
ethical principles, theories or standards in different disciples such as law, business, & medicine
to mention few.

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  Course Rationale & Objective
o Course Rationale

What makes the offering of the course legal ethics required for law students? Why legal
professionals need to deal with the moral perspective of law?

I. Acquisition of Knowledge on morality: to be informed

The need to produce informed legal professionals about various levels of information on the
interplay between law & morality.

II. Development of character- to be transformed

Ethics is greatly helpful to us in the development of character and personality. It is through this
subject that we learn various values and virtues of life. According to Prof. Dewey, "Ethics can go
a long way in removing evils of humanity. Awareness → wisdom being informed helps to be
transformed

“Watch your thoughts; they become words.

Watch your words; they become actions.

Watch your actions; they become habits.

Watch your habits; they become character.

Watch your character; it becomes your destiny.’’

—Frank outlaw

Failure of social sanctions as induced feelings of shame, scandal, gossip, shunning, ostracism, ,
and not infrequently, violence.

III. The problem associated with the understanding about the moral neutrality of law in
general & positivist separation thesis in particular. The following facts depict that human
law is not moral neutral or against the moral neutrality argument of law:
a. On one hand legal positivists accept that law as the will of the sovereign where the sovereign is
humanizing; on the other hand man is a moral being where moral character is reflected. Does it
mean this character is not reflected in the substance of law?

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 b. Realistically speaking, law protects & promotes societal moral values such as cultural values,
public morality, individuals’ motive, good faith, mutual trust, honesty, truthfulness, & the like. In
turn the effectiveness & efficiency of these values highly depends on the moral character of the
individual/professional/
c. The fact that all judgments are the functions of the mental process the judge
d. The fact that Legislative subjectivity is unavoidable
e. The fact that interpretive subjectivity is unavoidable
IV. The fact that morality serving as substantive validity test in law (law repugnant to
conscience)
V. Inconclusiveness of formal directory & regulatory methods of social interaction in
general
VI. The fact that dealing with morality is essential to be effective in judgments involving
equity
VII. The fact that dealing with morality is essential to be effective in judgments involving
judicial discretion
VIII. The limit with formal legislative, enforcement & restorative institutions or organs post
violation of the modalities
IX. the need to deal with other Responsible organs for the development of ethical standards/
moral reasoning
X. The need to study about nurturing individuals’ ability of self-control in general &
professionals self-displace in particular
XI. The prevalence of authorized & malpractice in the legal profession
XII. The need to deal with the techniques that increase the moral fiver of individuals in
general & professional how to be self-disciplined

o Objectives
1. Dealing with moral foundation serving as sources of rules of professional codes of conduct
2. Inform learner’s formally to develop character suitable to the legal profession
3. Identifying the details of suitable characters as determined by the codes of conduct for each
legal professional: judges, advocates & prosecutors
4. Formally inform learners on the practical problems associated with the argument on the
moral neutrality & conclusive nature of law,
5. Deal with codes of conduct for each legal professional & thereby produce ethically
competent or self-disciple legal professional.
6. inform learners formally about human nature in terms of character: having the potential to
have both good & bad character

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7. inform learners formally about good & bad human characters in general & professionals
including legal professionals
8. Deal with the determinant factors of human character: genetic & environmental or Natural &
External factors
9. Dealing with the methods of nurturing human nature or how to increase moral fiver or
empowering to exercise the natural potential of good character, & capacity to control the bad
ones. Like human engineering,
10. inform learners formally about human nature in terms of character: having the potential to
have both good & bad character
11. inform learners formally about good & bad human characters in general & professionals
including legal professionals
12. Deal with the determinant factors of human character: genetic & environmental or Natural &
External factors
13. Dealing with the methods of nurturing human nature or how to increase moral fiver or
empowering to exercise the natural potential of good character, & capacity to control the bad
ones. Like human engineering,
14. Promoting self-controlling capacity of individuals in general self-disciplined of legal
professionals in practicing their profession
 Expected Learning Outcomes

After studding this course learners are expected to be able to:

1. Formally informed about the normative linkage between or among the social control
modalities in general- law & morality in particular;
2. Somehow morally transformed;
3. Distinguish between judgments on value and fact.
4. Argue for/against the moral neutrality of law;
5. List, compare & contrast various directory & regulatory modalities of social interaction
6. Know various approaches/standards applicable in ethical decision making in their
professional carriers
7. Know the strength & weakness of the various approaches/standards in in ethical decision
making & try to develop their own standards

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8. Appreciate the value of having compassionate professional character, which helps to
understanding and concern for others than prompting personal interests & the quest for
justice.
9. Identify & analyze the rules of professional conduct in each professional service
10. Discuss the importance of professionalism such as civility and integrity in each professional
service
11. Able to Applying ethical principles, theories or standards in the discipline of law- legal ethics
 Directory & Regulatory Methods of Social Interaction in General
Among the various methods having normative role (direct & regulate social interactions), the
possible list includes but not limited to force, religion, custom, morality, reciprocity, love & law.
However, some writers especially sociologists categorize these modes other than law & force in
a generic term ‘social norms.’
Social Norms: Definition
A sociologist called Basu said, Social norms are easier to recognize than to define’
Their Basic features of these social norms compared with state rule
1. Mode of declaration validity unwritten even unspoken/ unexpressed/
2. Disputed existence
3. None existence of distinct formulating, interpreting & enforcing authority
Doesn’t have formally structured enforcing institutions. As the saying goes ever body’s is
nobody’s
4. Disputed authority (owing to the 3 features)
5. The mode of enforcement & sanction. They are enforced by the communal/communal
sanctions which more of Psychological in nature
Such as, shame, scandal, gossip, shunning, ostracism, ridicule, ignore, belittle …

Social control modalities Known by Various terminologies

1. Non legal rules

2. Informal rules Social norm
3. Social rules
4. People’s laws

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 5. Other rules informally operating on the ground/down -to -the earth affecting (guiding &
Controlling) the real life of society

What does social norm mean?

A sociologist called Basu said, Social norms are easier to recognize than to define.
 Nature & Relationship Among the Methods which Direct & Regulate Social Interaction
in General
 Directory & regulatory
 Overlap
 Conflict
 Inconclusiveness
 Complement
 Directory & Regulatory

 Directory (guidance)
In its directory nature, each modality shows the wish of the will maker in what ways subjects
act/omit in the ups & downs of life or game of life. Its regulatory nature denotes the balancing of
societal interaction as desired by the will maker.

The logical rationale behind this directory & regulatory methods can be sequentially summarized
as human natural aspiration of social interactions → uneven social interactions → desired level
of social interactions → standards of desirability →directory & regulatory methods → validity
tests of the methods (formal/substantive) will → maintain the standards of desirability →
restoring to the status quo

 Regulatory

Each modality play its regulatory role by either controlling subjects before going out of the red
line via deterrence; or restoring to the status quo when went of the red line disregarding the
guide line via justice.

 Overlap of the Directory & Regulatory Role

Types of Overlap
 Content overlap the 3 do’s
 Mission overlap (establish/design, maintain & restore)
 Inconclusiveness

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The very purpose behind all the 6 directory & regulatory methods of social interaction is one &
the same. What is it? Designing &maintaining social order. How? Βy their force of deterrence.
Do you think they are perfectly effective in deterring subjects? No, there are deviants.
Accordingly, although the technique is different, all try to take 2 nd post violation option, restoring
to status quo.
Why Deviants Exist?

Failure of the 6 social - control methods in maintaining the social order or none of them are
conclusive enough in maiming the desired order. Why? Can you guess? This is owing to The
existence of deviants out of the line of majority desire or deviant characters exist because of
existence of individual idea/interest differences owing to environmental differences & failure to
manage it. Besides the character, conflict over public-private interest is another factor.
Types of Deviants: Normal & Abnormal
I. Normal
o Honest Deviants
These types of Subjects resist the forces of deterrence of the directory & regulatory modalities
Violate openly/publicly & accept the undesirable consequence following violation
o Dishonest Deviants/Scoff rules/
Violate secretly; make cost benefit analysis being caught against escape
o Emotional Deviants- Conflict among 3 the parts of mind
(Id, ego, super ego)= temporal but lasting effect
o Immature & Deviants (Age & information) …. Minors
Decline of majority …… senility (mental weakness) following infirmity /physical
weakness … Active Deviants
o Violent Deviants … Active Deviants
o Civil Disobedient … Passive Deviants
II. Abnormal
1. Personality disorders
Existence of persons even Enjoy deviation
Masochist, sadist, narcissistic, Psychopaths (antisocial)
2. Mental defects
1. The Idiots
2. The Insane

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 3. The drunkards
4. The dizzy
5. Hyperactive
6. The feeble-minded, mentally retarded, Alzheimer, dementia & other mental defects
7. Other personality disorders affecting normal thoughts

 Dealing with persons having Deviants character:societal responses in ascending order

 Deviant tolerance
 Deviant treatment
 Deviant punishment
 Deviant avoidance
 The Relationship of Law with other Normative Methods
The relationship of law & other regulatory methods can be seen in 3 categories:
1. Used as substantive test validity on its formal validity
2. Serves as sources
3. Complement its inconclusiveness
 Directory & Regulatory Organs of social interaction
4 categories
1. Self-control
2. Social control
3. Creator’s control
4. State control
Or other categories in 3
1. Self-control
2. Social control (informal & formal/state especially in democratic society
3. Creator’s control
 Concluding Remarks
Generally the course named by various nomenclatures such as
 Legal ethics
 Legal professionals’ ethics
 Legal profession & ethics
 Lawyers’ ethics
 Applied ethics
We can say terminological difference doesn’t make conceptual difference save scope. The
central concept intended to be promoted by all nomenclatures is one & the same, i.e. dealing
against the idea prompted by by legal positivists on the moral neutrality of law. It invokes the
question, is law really morally neutral & justifying by raising practical problems associated with
this line of understanding.

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Therefore, professional ethics in this context is all about the character expected of a legal
professional in practicing his profession or discharging his specialized professional role. It is a
bare fact that legal professionals involve almost in all aspects of the directory& regulatory
process such as formulating, interpreting & restoring of law or the justice machinery as a whole.
Thus, informing legal professionals on the value of self-control than social control is the key for
the effectiveness of this legal process. Accordingly, the rationale behind studding moral
philosophy in general, legal ethics or the moral aspect of law in particular is the need to
producing self-disciplined legal professionals. Self-control is the best, most effective & efficient
in directing & regulating social interaction. The need to deal on how to maximize the virtues
human potential with regard to charter and minimize the competitive evil ones, deal with the
issue of human engineering, the earlier is the better. Howler, the latter is not the impossible.

The common denominator of the aforementioned definitions is that ethics is branch of

philosophy which deals about the standards on moral judgment as right/wrong on human
character expressed in action. Thus professional ethics in this context is all about the character
expected of a legal professional in applying his specialized knowledge.

For professionals & employees the will be taken to the legal climax. These special laws the
substance of which is more of moral based are called codes of conducts. The detail will be seen
in the 2nd chapter.

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