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

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.

Embedding self, others, culture and ethics in intercultural research

Abstract: This paper highlights the tensions evident in maintaining ethical principles while simultaneously responding to interpersonal and cultural demands in an intercultural research setting. The tensions reflect the intersections of relationships between ethical principles and practice, between a researcher and her research participants, and between people in the same or different cultural communities. The intricacies of cultures encompass unpredictable expectations for many aspects of research, as shown in the sociological perspectives, which are at the very centre of deliberations in this paper. It is argued that ethics, interpersonal relationships and cultural considerations are representative of the complexity of considerations that researchers negotiate throughout the conduct of an intercultural study. Therefore, it is important that the positioning of ethical practices is considered as central to the wider research process.

Marketing ethics in context: the promotion of unhealthy foods and beverages to children

Marketing ethics has been described as an inherently relative conceptwhereby ethical problems and consequences result from interactionsbetween individuals, but are also shaped by the context in which theyoccur (Chonko and Hunt 1985; Singhapakdi et al. 1996). In makingethical decisions, marketers are influenced by a complex interplay offactors in the broader cultural, economic and organizational environments(Singhapakdi et al. 1996). Within this field, issues arise from organizations’ marketing activities and their consequences (Chonko and Hunt 1985), and the way marketing decisions are shaped by moral standards (Murphy et al. 2005).

A cross-cultural construct of the ethos of the corporate codes of ethics: Australia, Canada and Sweden

The objective of this paper is to develop and describe a construct of the ethos of the corporate codes of ethics (i.e. an ECCE construct) across three countries, namely Australia, Canada and Sweden. The introduced construct is rather unique as it is based on a cross-cultural sample seldom seen in the literature. While the outcome of statistical analyses indicated a satisfactory factor solution and acceptable estimates of reliability measures, some research limitations have been stressed. They provide a foundation for further research in the field and testing of the ECCE construct in other cultural and corporate settings. We believe that the ECCE construct makes a contribution to theory and practice in the field as it outlines a theoretical construct for the benefit of other researchers. It is also of managerial interest as it provides a grounded framework of areas to be considered in the implementation in organizations of corporate codes of ethics.

A cross cultural comparison of the contents of codes of ethics: USA, Canada and Australia

This paper examines the contents of the codes of ethics of 83 of the top 500 companies operating in the private sector in Australia in an attempt to discover whether there are national characteristics that differentiate the codes used by companies operating in Australia from codes used by companies operating in the American and Canadian systems. The studies that were used as a comparison were Mathews (1987) for the United States of America and Lefebvre and Singh (1992) for Canada. The major conclusion is that, whilst Australian codes do have some characteristics that differentiate them from the other two groups, it appears that companies in all three cultures are driven by the same motives to develop codes.

Cross-cultural encounters and 'difficult heritage' on the Thai-Burma railway: an ethics of cosmopolitanism rather than practices of exclusion

This chapter argues for the significance of embodied actions and their traces in the heritage landscape as traces of cross-cultural practices in the context of interpreting difficult heritage in places where the heritage of war is of significance for multiple stakeholders.