An ethical philosophy of life presented in its main outlinesAdler, Felix
Religion
An ethical philosophy of life presented in its main outlines
Adler, Felix
Ethics; Philosophy, Modern
Every vocation on its ethical side is educational. The reason for
accentuating the educational aspect of the vocations connected with the
state is that this educational significance is generally overlooked.
The vocations referred to are those of the lawyer, the judge, the
statesman, the teacher in the narrower sense of the word (the teacher
in schools and universities).
_The Vocation of the Lawyer_
Vocation, as I use the term, invariably means related to the spiritual
end of life. A profession or occupation becomes a vocation when he
who follows it seeks to respond to the _call_ of the latent spiritual
possibilities in his fellowmen. If this be not the common definition
of calling or vocation, yet I think it will bear scrutiny. It is the
vocation of the lawyer to be the _teacher of justice_ to his clients,—I
mean of justice in so far as it is already embodied in law,—and at the
same time to promote a desire for and a preliminary understanding of
the justice which is not yet embodied in law.
The lawyer is commonly regarded as the learned _alter ego_ of his
client. The lawyer is the client as he would be if he were versed
in the law, and skilled to employ it in his interest. The client is
supposed to be an egotist, intent solely on securing his advantage
to the fullest extent possible under the existing system of social
regulations. The lawyer is his expert substitute. The judge appears on
the scene as the impartial representative of the law.
From the vocational point of view the lawyer is an assistant to the
judge, the agent not so much of his client as of justice. He is as much
interested in the just issue of the suit as is his legal opponent. His
educational function is to teach his client to take the same point
of view. Another point, no less important, is the following: Law is
a system of general rules, at best a rude social mechanics. And even
as such it is constantly deflected from its ostensible purpose by
selfishness and prejudice. The discriminations against women, the
conspiracy laws against combinations of laborers, the laws enacted in
the interests of landed aristocracies, are ample evidence in point.
In every country the law as it stands is still largely infected with
unfair discriminations, and it is the special duty of those who follow
the legal vocation to open the eyes of their clients and of the public
to these defects and to suggest remedies.
Every vocation has its special vice, that is, a kind of behavior
the very opposite of that prescribed by the particular ethical
function with which it is charged. The vice of the lawyer is
_blind_ conservatism (unless he is at the same time progressive and
conservative he fails to fulfil his ethical function).
The judge, too, is a teacher, especially in criminal cases. The
voice of the judge, when he pronounces sentence on a criminal, should
reverberate throughout the whole of society, awakening all men to the
fact that society as such shares the guilt.
Public-domain text, read in full here on John Shaqi.
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