The Moral And Ethical Dilemmas Facing The Lawyer And The...

Introduction Alice Woolley compares the practice of philosophy with the practice of law, and considers the question of how lawyers and philosophers differ. Although there are many characteristics of the lawyer and the philosopher that overlap, Woolley identifies several key differences including truth, morality and time. This paper will argue that Woolley is indeed correct to assert that lawyers are bound by time, community conventions and norms; whereas, philosophers have no such constraints. The lawyer is constantly trying to balance his duty to the court, the client and himself. That which a philosopher believes is right or wrong can change through education and self-development. However, the moral and ethical dilemmas facing the†¦show more content†¦Finally, this essay will acknowledge the lawyer’s restriction of time, and the philosophers lack of worldly constraints. II. Constraints of truth While philosophy is the pursuit of truth, law is the pursuit of justice. Truth is a question of what is fact and what is fiction, whereas justice has a broader concern for what is fair, taking into account what is fact and what is fiction. Truth is relevant to justice, but the reverse may not always be true. Lawyers have regard to truth, however it is not their main pursuit. It has been said the law has â€Å"an extraordinary regard for truth†. But to what extent is the lawyer constrained by this vagary? In philosophy, truth is considered to be a fundamental concern. However, philosophers have considered its meaning to be an indefinable concept. In contrast, the lawyer’s understanding of truth may be disordered. There is a lack of definition, critique and analysis of truth within the law in comparison to other matters, such as philosophy, religion and social science. Within law, there are long held views that truth is subservient to justice. Further, it is wid ely accepted that truth is not the major concern of the justice system, and that proving facts rather than proving truth is the primary goal. It has been said: â€Å"a trial does not involve the pursuit of truth by any means†. In other words, the point is to win.