An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
This, then, is the legitimate province of Jurisprudence, _Stare super
antiquas vias_, to maintain the ancient landmarks, to respect authority,
to guard the integrity of the law as a science, that it may be a certain
rule of decision, and promote that security of life, liberty, and
property, which, as we have seen, is the great end of human society and
government. Thus industry will receive its best encouragement; thus
enterprise will be most surely stimulated; thus constant additions to
capital by savings will be promoted; thus the living will be content in
the feeling that their earnings are safely invested; and the dying be
consoled with the reflection that the widow and orphan are left under
the care and protection of a government, which administers impartial
justice according to established laws.
With jurisprudence, lawyers have the most, nay all, to do. The opinion
of the Bar will make itself heard and respected on the Bench. With sound
views, their influence for good in this respect may well be said to be
incalculable. It is indeed the noblest faculty of the profession to
counsel the ignorant, defend the weak and oppressed, and to stand forth
on all occasions as the bulwark of private rights against the assaults
of power, even under the guise of law; but it has still other functions.
It is its office to diffuse sound principles among the people, that they
may intelligently exercise the controlling power placed in their hands,
in the choice of their representatives in the Legislature and of Judges,
in deciding, as they are often called upon to do, upon the most
important changes in the Constitution, and above all in the formation of
that public opinion which may be said in these times, almost without a
figure, to be _ultimate sovereign_. Whether they seek them or are
sought, lawyers, in point of fact, always have filled, in much the
larger proportion over every other profession, the most important public
posts. They will continue to do so, at least so long as the profession
holds the high and well-merited place it now does in the public
confidence.
PROFESSIONAL ETHICS.
There is, perhaps, no profession, after that of the sacred ministry, in
which a high-toned morality is more imperatively necessary than that of
the law. There is certainly, without any exception, no profession in
which so many temptations beset the path to swerve from the line of
strict integrity; in which so many delicate and difficult questions of
duty are continually arising. There are pitfalls and man-traps at every
step, and the mere youth, at the very outset of his career, needs often
the prudence and self-denial, as well as the moral courage, which belong
commonly to riper years. High moral principle is his only safe guide;
the only torch to light his way amidst darkness and obstruction. It is
like the spear of the guardian angel of Paradise:
No falsehood can endure
Touch of celestial temper, but returns
Of force to its own likeness.
Public-domain text, read in full here on John Shaqi.
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