By Michael Davis, Andrew Stark
The inspiration of clash of curiosity is extra suitable at the present time than ever. moral sensitivities in regards to the dating among execs and people they serve is a resource of continuous debate. This ebook units a brand new average for paintings in this perennial subject, accumulating a collection of sensible essays by means of best utilized ethicists on a wide selection of professions and occupations. a few conflicts of curiosity come up simply because a career takes on many jobs whereas serving one aim; others tackle one function yet serve a number of ambitions. a few conflicts are inner to the career; others (such as relatives or enterprise connections) are exterior. The essays during this quantity deal with such assorted conflicts in a accomplished approach, in an try and make valuable comparisons throughout professions. Containing fifteen unique chapters by way of famous students of utilized ethics, this quantity systematically explores professions together with legislation, medication, journalism, engineering, monetary providers, anthropology, movie, actual treatment, and literary feedback. An introductory bankruptcy surveys and contextualizes paintings at the subject, whereas the concluding bankruptcy bargains us a brand new method to evaluate conflicts of curiosity throughout professions and occupations. clash of curiosity within the Professions may be of serious functional curiosity to students of utilized ethics and legislations, in addition to to execs within the fields mentioned
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Additional resources for Conflict of Interest in the Professions (Practical and Professional Ethics Series)
S. judicial history involved judges who went against their own ideological grain—think, for example, of Justice Holmes, a sympathizer with Spencerian philosophy, who nonetheless cautioned in a dissenting opinion that "The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. . "12 Holmes always insisted that his socalled "liberal" dissents had nothing to do with liberal philosophy. When the Supreme Court denied citizenship to the Hungarian-born pacifist Rosika Schwimmer because of her beliefs, Holmes dissented, and Mrs.
Perennial Institutional Conflicts Let us pass on to less lofty matters than major human rights decisions. Thus far we have been surveying the most common and central cases of judicial conflict of interest. But conflicts of interest can include other less frequently discussed and more subtle ways in which Justitia's blindfold slips. No conflict-of-interest rules can eliminate all possible temptations. One recurring temptation is built into the bureaucratic structure of legal institutions. Particularly in smaller jurisdictions, lawyers and prosecutors are repeat players—courthouse regulars—and judges will always be tempted to avoid friction with courthouse regulars because friction makes the job more difficult and life less pleasant.
Occupying a prominent place in the pantheon of judicial infamy are the judges of the Weimar Republic, who were by and large right-wingers and anti-Republicans. For more than a decade they let their politics guide their judging; they meted out savage sentences to the German left and openly tolerated political murder by the far right, thereby paving the way for Hitler. Thomas Mann bitterly denounced "the jurisprudence of political revenge,"9 and Bertolt Brecht quipped that Germany had metamorphosed from Goethe's land of Dichter und Denker—poets and thinkers—to the land of Richter und Henker— judges and hangmen.