Legal ethics is (just) normal ethics: towards a coherent system of legal ethics

The standards governing how lawyers ought to conduct themselves consist of a number disparate principles and rules, which are devoid of an overarching rationale. We argue that legal ethics is not a stand-alone social construct. Rather, it is the application of normal ethical principles so far as they relate to the law. Approached in this manner, legal ethics becomes a far more coherent and justifiable institution. In this paper we apply general moral theory to several key dilemmas facing lawyers. This results in outcomes which some may find counter-intuitive. We conclude that lawyers should not do pro bono work; that the first cab rank off the rank principle is unsound and that there is no relevant difference between expressly misleading the court and putting the other side to the proof of its case.

Communicating the ethos of codes of ethics in corporate Australia, 1995-2001: whose rights, whose responsibilities?

This paper considers the commitment to business ethics of the top 500 companies operating in the Australian private sector and communicates the results of a longitudinal study conducted from 1995 to 2001. Primary data was obtained (in 1995 and again in 2001) via a self-administered mail  questionnaire distributed to a census of these top 500 Australian  companies. This commitment of each company to their code of ethics was indicated and measured via a range of methods used by organizations to communicate the ethos of their codes to employees. Just as they were in  1995, it would appear that companies in 2001 still are good at ensuring that their rights are protected, but at the same time they do not seem to take on the responsibility to ensure that employees'' rights are just as well protected. This double standard leads to cynicism towards the current business ethics processes inherent in Australian companies.

Codes of ethics: what are they really and what should they be?

Codes of ethics are prevalent in major corporations around the world. They are seen as the first tangible commitment to being ethical. This paper examines codes of ethics and tries to establish what they are, how they are developed and their net utility. We then proffer the idea of codes as the first part of a five-stage process that leads to an overall corporate commitment to being ethical in one's business dealings.

Ethics-a lifelong journey

It is in the interests of society as a whole and lawyers as individuals that lawyers practise their profession ethically. But what exactly are "professional ethics"?

Police perceptions of interviews involving children with intellectual disabilities: a qualitative inquiry

This study employed a qualitative method to explore the experiences of 20 police officers when interviewing children with intellectual disabilities. Three main themes were interpreted as representing challenges to the officers when interviewing special-needs children: police organizational culture, participants' perceptions of these children as interviewees, and prior information. Participants in this inquiry mentioned poor organizational priority within the police force for child abuse cases and children with intellectual disabilities, as well as inadequate support for interviewing skills development and maintenance. Participants also attempted to equalize these children by interviewing them in the same way as their mainstream peers. Finally, participants viewed interview preparation as influential in determining an interview's successful outcome, but recognized that preparedness could bias their interviewing techniques. Increased attention towards these issues will provide a basis for developing strategies to minimize such challenges and thus improve the quality of interviews with children with intellectual disabilities.

Critical injuries ; collaborative Indigenous life writing and the ethics of criticism

The publication of collaborative Indigenous life writing places both the text and its production under public scrutiny. The same is true for the criticism of life writing. For each, publication has consequences. Taking as its starting point the recent critical concern for harm occasioned in life writing, this
article argues that in the reading of collaborative Indigenous life writing, injury may eventuate from critical commentary itself. The critical work of G Thomas Couser and his concern for vulnerable subjects, whose life narratives reach published form through the efforts or with the assistance of another, has its
parallel in the critical attention given to collaboratively produced Indigenous life writing in Australia and Canada. In some cases, however, such analysis is generated without consultation with the Indigenous producers of collaborative texts. Criticism directing its arguments toward the conditions
of editorial constraint by which the Indigenous subject is enclosed or silenced has the ironic and surely unintended consequence of removing the Indigenous participants of collaboration from the field of critical engagement. With particular regard to the collaborative texts Ingelba and the Five Black Matriarchs and Stolen Life: the journey of a Cree woman, this article argues that literary criticism can benefit from the practice of consultation with the Indigenous subjects whose representations it comments upon.

Public interest, ethics, and the balanced scorecard: implications for the accounting profession

The accounting profession bos been grappling with the issue of public interest responsibility for a number of years. The aim of this paper is to examine how a balanced scorecard (BSC) model can be used by the accounting profession to more effectively incorporate a public interest responsibility in its strategic framework. By using a BSC model, the paper provides an integrated framework for translating strategic values into a comprehensive set of objectives, performance measures and improvement actions.

The trouble with woon: the selective answering of police questions and the right to pre-trial silence

The 1964 High Court decision in Woon v The Queen is commonly understood to permit the drawing of an inference of a ‘consciousness of guilt’ when a suspect selectively responds to police questions. It is the author’s contention that, in the light of the emphatic endorsement of the right to pre-trial silence by the High Court in 1993 in Petty v The Queen; Maiden v The Queen, Woon should now be regarded as bad law and should no longer be followed.

Child abuse investigation: an in depth analysis of how police officers perceive and cope with daily work challenges

Purpose: The purpose of the current study was two-fold: to explore police officers' perceptions of the daily challenges involved in child abuse investigation and how those challenges affect their ability to undertake child abuse investigations, and to explore how these challenges are managed on a daily basis. Design/methodology/approach: This study employed a qualitative research design. In-depth interviews were conducted with a diverse sample of 25 police officers working in child abuse units across three Australian states. Findings: Inductive thematic analysis revealed that heavy caseload and collaboration with other professional groups are two key sources of negative work stress frequently associated with child abuse investigation. Further, despite the provision of organisational strategies aimed at reducing work stress, the officers tended to rely predominantly on informal coping mechanisms.  Research limitations/implications: This study has raised many questions for further research aimed at developing interventions to assist police organisations in managing work stress. Originality/value: This paper provides an in-depth analysis of the key challenges associated with child abuse investigation and the coping mechanisms employed for overcoming these challenges from the unique perspective of police officers authorised to investigate child abuse.

Police officers' and legal professionals' perceptions regarding how children are, and should be, questioned about repeated abuse

This study explored the perceptions of police officers and legal professionals (i.e., prosecutors, defence lawyers and a judge) about (a) what particularisation is, (b) the type of information that is required for particularisation to occur, and (c) how particularisation is best achieved in cases of repeated child abuse. The professionals' perceptions (all experts in this area) were elicited via individual in-depth semi-structured interviews. While all participants acknowledged the importance of particularisation, the views of the police officers varied in several important ways to those of the other professionals. Overall, the police officers perceived that highly specific details (such as the location, date and time of the offence) are essential for particularisation to occur, and that maximising the number of separate offences and specific details about each offence increases the chance of successful prosecution. In contrast, the legal professionals perceived that the primacy goal of the police officers should be to elicit a free-narrative account of one or more offences. A high proportion of specific questions was perceived to negatively impact on the child's credibility by contaminating the evidence. The implications of these findings are discussed.

Striking a balance between ethics and ICT governance

Ethics and Information Communication Technology (ICT) Governance both have their place in today’s business organisations, but can their practical applications present an ethical ambiguity for the IT professional employed within the business organisation? The guidelines contained within various codes of ethics recommend principles regarding the ethical behaviour of individual IT professionals. In contrast, IT Governance as outlined in the new Australian Standard for Corporate Governance of Information and Communication Technology (ICT) provides ICT governance advice for business. This paper explores the difference between these viewpoints.

You leaving me alone? The persistence of ethics during the Holocaust

Many Holocaust scholars subscribe to the theory that under the unimaginable stress of Holocaust persecution Jewish victims found that, in extremis, conventional morality did not apply. On the basis of an analysis of a sample of videotestimonies held in the Jewish Holocaust Museum and Research Centre in Melbourne, Australia (hereafter the JHMRC), this article argues that such assumptions require revision. Despite observing numerous instances of unconscionable behaviour, in these videotestimonies survivors provide many examples of their own ethical practices and those of others.

Beyond ethics : a community platform to secure moral integrity

Stakeholders perceive the role of accountants to reflect trust, honesty, impartiality, fairness and transparency. The aim of this paper is to explore avenues to strengthen the moral integrity of professional bodies and their members. The resulting recommendations include a community or "milieu" approach.