FREE BOOKS

Author's List




PREV.   NEXT  
|<   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36  
37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   >>   >|  
nse that it deals with practice, but that it influences practice? This was its original purpose. 'It is the function of ethics,' says Aristotle, 'to act, not only to theorize.'" Paulsen refers to the fact that Schopenhauer takes a different view: "All philosophy," he says, "is theoretical. Upon mature reflection it ought finally to abandon the old demand that it become practical, guide action, and transform character, for here it is not dead concepts that decide, but the innermost essence of the human being, the demon that guides him. It is as impossible to teach virtue as it is to teach genius. It would be as foolish to expect our moral systems to produce virtuous characters and saints as to expect the science of aesthetics to bring forth poets, sculptors and musicians." To this view Paulsen replies: "I do not believe that ethics need be so faint-hearted. Its first object, it is true, is to understand human strivings and modes of conduct, conditions and institutions, as well as their effects upon individual and social life. But if knowledge is capable of influencing conduct--which Schopenhauer himself would not deny--it is hard to understand why the knowledge of ethics alone should be fruitless in this respect.... Moral instruction, however, can have no practical effect unless there be some agreement concerning the nature of the final goal--not a mere verbal agreement, to be sure, but one based upon actual feeling.... It will be the business of ethics to invite the doubter and the inquirer to assist in the common effort to discover fixed principles which shall help the judgment to understand the aims and problems of life." What is here said concerning the usefulness of an investigation of fixed ethical principles has application to a consideration of what rules of conduct should prevail in the legal profession. The high social purpose of the profession, its beneficial function, and the limitations upon its action that should be self-enforced in order to make the calling an advantage and not a detriment to the public weal, should be understood. Indeed, the profession of the law, if it serves its high purpose, and vindicates its existence, requires a double allegiance from those who have assumed its obligations, first, a duty toward their clients, and second, a duty toward the court. And tho
PREV.   NEXT  
|<   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36  
37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   >>   >|  



Top keywords:
ethics
 

profession

 

purpose

 

understand

 

conduct

 

action

 
practical
 
agreement
 

expect

 
principles

Paulsen

 

practice

 
knowledge
 

function

 

Schopenhauer

 

social

 

business

 

doubter

 
invite
 
respect

assist

 

discover

 
instruction
 
effort
 

inquirer

 

common

 

nature

 
verbal
 

effect

 

actual


feeling

 

serves

 

vindicates

 

existence

 
requires
 

Indeed

 
detriment
 

public

 
understood
 

double


allegiance

 

clients

 

obligations

 
assumed
 

advantage

 

calling

 

investigation

 

ethical

 

application

 
usefulness