Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University Teaching values to law students 1.Intellectual integrity.

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Presentation transcript:

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University Teaching values to law students 1.Intellectual integrity 2.Professional deontology 3.Value oriented analysis of law

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University 1. Intellectual integrity Is necessary condition to engage into intellectual enterprise (politicians more on power,lobbyists on collective interests, economic actors on profit and income) Intellectual integrity implies some rules about research, about publishing and about discussion (no deliberate misrepresentation of facts and opinions, correct reasoning, open mindednes, etc.) Value of intellectual integrity should be taught to law students as many of them will become prominent actors in public opinion

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University 2. Professional ethics: deontological codes - Law students= heterogeneous job market ( gown-professions, business lawyers, public administration,social organisations) ; no common professional deontology -Deontology of lawyers : very well developed (fees, truth finding, confraternality,etc.); very specific ( for instance: defence of interests of client #intellectual integrity; = taught at law schools; elective courses -Deontology of judges: taught at juydge trainng programmes -More can be done for other professional markets

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University 3. Value oriented legal analysis Law= set of enforceable norms From social value point of view: legal norms –1. Direct expression of social value, p.ex. human rights –2. Instrumental norms: consequences of implementation of norm reflect social value, p.ex. Regulation concerning CO2-emissions –3. Technical norms: norms related to operation of legal institutions: p.ex. Registration of property

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University 3. Value oriented legal analysis Law teaching: also normative assessment of legal norms? Until 19th century strong normative component in law teaching= natural law Late 19th century: legal positivism: normative component # scientific; ethical non-cognitivism of Hans kelsen After WW II: revival of natural law (human rights, taking legal principles seriously)

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University 3. Value oriented legal analysis Law teacher # preacher # mere reporter Legal analysis = analysis social problems law tries to solve and underlying and/or involved values in this Method: Indicating coherences, contradictions, unintended consequences concerning values Aim: enriching value background of students; higher level of reflective equilibrium

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University 3.Value oriented legal analysis Examples of VOLA Free speech and struggle against racism Law teacher can refer to social values involved (individual freedom, tolerance, harmony between etnic groups); indicate possible conflicts between involved values; discuss different methods to solve it; p.ex. American solution: free speech combined with self- regulation on social level; European solution: legal limitation of free speech

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University 3.Value oriented legal analysis Examples of VOLA Property protection and struggle against poverty Law teacher can refer to values of individual freedom and efficiency, involved in property protection and value of solidarity and reciprocity involved in social policy Indicate possible conflicts and discuss methods to solve it; p.ex solidarity exclusively via fiscal redistribution or also via general opposability ( Drittwirkung) of social rights

Sixth Ethical Forum of the University Foundation Boudewijn Bouckaert- Law School Ghent University 4. Conclusion Law teaching = difficult combination of vocational training and intellectual education Intellectual education should not be neglected as lawyers are often prominet actors on public forum Value oriented legal analysis: through education of future professors, p.ex. value oriented research=requirement of Ph.D.