Legal practice and ethics

This book aims to challenge students and lawyers to think critically about the way in which they will or do practise law. It is intended to be a guide on the various obligations and duties that a lawyer owes to the court, other lawyers, clients and the community in general. The hope is that students of law will see the ongoing value of maintaining the integrity of the legal profession and the value that lawyers provide to the community when we get things right.

Georgics of the mind and the architecture of fortune: Francis Bacon's therapeutic ethics

This essay complements recent work by Soreana Corneanu situating Bacon’s epistemology in a larger lineage of literature concerning ‘cultura animi’ in early modern Europe, by focusing on Bacon’s conception of a therapeutic philosophical ‘Georgics of the mind’ in The Advancement of Learning, the Essays, and other texts. We aim to show firstly (in Part 2) how Bacon’s conception of human nature, and the importance of habit and custom, reflects the ancient pagan thinkers’ justifications of philosophical therapeutics. Attention will also be paid in this connection to Bacon’s sensitivity to another marker of ancient therapeutic philosophy as Pierre Hadot in particular has recently presented it: the proliferation of different rhetorical and literary forms aiming at different pedagogic, therapeutic, and psychogogic aims. Part 3 then will examine Bacon’s changes in practical or ‘magistral’ philosophy, carried out on the therapeutic ethical grounds which Part 2 has examined, but proposing a much more active ‘architecture of fortune’ to philosophical and political aspirants.

Virtue ethics, CSR and ‘corporate citizenship’

Purpose

Review of trust and machine ethics research: towards a bio-inspired computational model of ethical trust (CMET)

Recent advances in the fields of robotics, cyborg development, moral psychology, trust, multi agent-based systems and socionics have raised the need for a better understanding of ethics, moral reasoning, judgment and decision-making within the system of man and machines. Here we seek to understand key research questions concerning the interplay of ethical trust at the individual level and the social moral norms at the collective end. We review salient works in the fields of trust and machine ethics research, underscore the importance and the need for a deeper understanding of ethical trust at the individual level and the development of collective social moral norms. Drawing upon the recent findings from neural sciences on mirror-neuron system (MNS) and social cognition, we present a bio-inspired Computational Model of Ethical Trust (CMET) to allow investigations of the interplay of ethical trust and social moral norms.

Ethics and reflective practice : continuing the conversation

This paper is a response to the question asked by Tony Ghaye in Reflective Practice Volume 8, Number 2, 2007, ‘Is reflective practice ethical?’. My response is to re‐consider the pervasive idea in reflective practice that experience is always private and personal. This common understanding of experience leads to a reluctance when writing for the purpose of assessment and to a type of writing that tends towards the confessional. Contrary to that notion of experience, I suggest that a return to Charles Sanders Peirce enables the acknowledgement that experience is not personally owned but rather a conversation between the self and that which is not‐yet known. This conversation is precipitated by the element of surprise, thus making the study of surprise a central feature of reflective practice. This argument is illustrated through examining a dramatic moment in Friedrich Nietzsche’s philosophical novel Thus spake Zarathustra (1887) in which Zarathustra’s teaching techniques are challenged and rendered different. Eschewing the belief that experience is ‘personal’ offers a version of reflective practice as the attempt to continually engage in conversations precipitated by the Other

Ethics education in the Australian accounting curriculum: a longitudinal study examining barriers and enablers

Abstract: The increasing significance of ethics in the accounting profession is evidenced by the seminal events that witnessed the collapse of major corporations (eg. Enron and WorldCom); regulatory interventions (eg. Sarbanes-Oxley Act in the USA and the CLERP 9 Act in Australia); and calls for increased ethics interventions in the accounting curriculum. This project has two objectives: to investigate the nature of ethics education in the Australian accounting curriculum and how it has changed from 2000 to 2012; and to analyse the barriers to enhancing ethics education by soliciting the opinions of Heads of Department/Schools of Australian universities. Compared with early empirical evidence, universities responded to the call for ethics education with increased levels of ethics intervention, but had failed to enhance the extent of ethics education coverage in the intervening period in which the data were collected. He lack of qualified staff and research opportunities represent major obstacles to the enhancement of ethics education.

The treatment of sex offenders : evidence, ethics, and human rights

Public policy is necessarily a political process with the law and order issue high on the political agenda. Consequently, working with sex offenders is fraught with legal and ethical minefields, including the mandate that community protection automatically outweighs offender rights. In addressing community protection, contemporary sex offender treatment is based on management rather than rehabilitation. We argue that treatment-as-management violates offender rights because it is ineffective and unethical. The suggested alternative is to deliver treatment-as-rehabilitation underpinned by international human rights law and universal professional ethics. An effective and ethical community–offender balance is more likely when sex offenders are treated with respect and dignity that, as human beings, they have a right to claim.

Ethics of teaching with social media

This paper goes beyond the commonly held concerns of Internet safety, such as cyberbullying. Instead, it explores the ethical dilemmas we face as teachers when using social media, in particular social networks, in the classroom. We believe old ideas of respect and culture of care for children and young people need to be reconstructed around new media. This paper draws on the authors’ experience in teaching with, and researching students’ use of, social media in the classroom. In this paper we explore the ethical issues of consent, traceability, and public/private boundaries. We tackle the complex issue of the rights around virtual identities of the students followed by a discussion on the ethics of engaging students in public performance of curriculum and their lives. Finally we discuss the ethical dilemma involved in recognising and responding to illicit activity. While we reflect on our own response to these dilemmas and propose a dialogic process as the way forward, we also return to the argument that the e ethical choices are dilemmas in which most, if not all, options are unpalatable or impracticable.