LAWYER’S ETHICAL CULTURE IN PROFESSIONAL ACTIVITY
Journal Title: Науковий вісник Південноукраїнського національного педагогічного університету імені К. Д. Ушинського - Year 2017, Vol 117, Issue 4
Abstract
Considering culture in general and in professional work of a lawyer particularly, the author pays attention to the role of the lawyer’s ethical culture, since the ethical culture of a lawyer contains the evaluation of moral standards realization within these relations: «lawyer ‒ client», «lawyer ‒ defendant», «lawyer ‒ victim», «lawyer ‒ colleague» and so on. The relations are mutual, because a lawyer deals with his clients’ interests in his professional work. The aim of the article is to define the content and the role of the ethical culture as a phenomenon in the professional work of a lawyer, its structure and levels. According to the author’s opinion, the content of the lawyer’s ethical culture includes moral consciousness, moral behaviour, moral relationships. All the elements are closely connected and complement each other, moral consciousness being the beginning of their relationship. That let us draw a conclusion that the ethical culture of a lawyer is a system of moral principles and standards which is formed as a result of feelings, knowledge, needs, beliefs. All that expresses the harmony of lawyer’s inner beliefs in his / her moral behaviour and their external display. Previous studies of the lawyers’ culture were focused on the formation of separate components (such as the formation of moral culture of the police, the formation of the police service ethics, the formation of the police aesthetic culture). The studies concerned only the lawyers who worked for the police, but there exists no single study which considers the ethical culture of lawyers working in different spheres (solicitor, judge, public prosecutor, notary). In the author’s opinion, the structure of the ethical culture consists of: the presence of ethical feelings, knowledge, needs and their transfer into moral beliefs and a habit of analysing other people’s behaviour; the readiness to act, to manage the ethical knowledge and beliefs, that is to treat the others fairly and honestly. The analysis of empirical studies lets the author to determine the levels of the ethical culture realization. Some ethical bases of relationships between a police investigator and the participants of a process were given as examples in the article. The author determines the perspective of the problem study – the formation of future lawyer’s personality in the process of his / her professional training, the determination of the factors (both objective and subjective) and pedagogical conditions influencing the process.
Authors and Affiliations
Halyna Yavorska
Keywords
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