Ethics in ServiceTaft, William H. (William Howard)
Philosophy
Ethics in Service
Taft, William H. (William Howard)
Legal ethics; Presidents -- United States; United States -- Politics and government
I have heard the utility of legal ethics denied. It is said that the
rules in legal ethics are the same as the moral rules that govern men in
every branch of society and in every profession--except as there may be
certain conventions as to professional etiquette--and that if a man is
honest, there ought to be no difficulty in his following the right
course in the discharge of his professional duties. If a man is lacking
in probity of character, it is said the discussion of legal ethics will
do him no particular good, because if he is tempted to a crooked path or
an unjust act by his pecuniary interest, he will yield, and neither
lectures on ethics nor the establishment of an ethical code will make
him good; whereas the upright man will either not be so tempted, or
should he be, he will clearly perceive the necessity for resisting the
temptation.
In the course of my consideration of this subject, I looked into a
text-book on moral philosophy and the general system of ethics with the
hope that I might find something there that would suggest, by analogy,
a proper treatment of the subject in hand. I consulted Paulsen's "A
System of Ethics." The analogy between moral philosophy and legal ethics
is not very close, but I found a passage or two bearing on this very
issue, which it seems to me might not be inappropriately quoted here. In
the conclusion of his introduction, Paulsen says:
"Let me say a word concerning the _practical value_ of ethics. Can
ethics be a practical science, not only in the sense that it deals
with practice, but that it influences practice? This was its
original purpose. 'It is the function of ethics,' says Aristotle,
'to act, not only to theorize.'"
Paulsen refers to the fact that Schopenhauer takes a different view:
"All philosophy," he says, "is theoretical. Upon mature reflection
it ought finally to abandon the old demand that it become
practical, guide action, and transform character, for here it is
not dead concepts that decide, but the innermost essence of the
human being, the demon that guides him. It is as impossible to
teach virtue as it is to teach genius. It would be as foolish to
expect our moral systems to produce virtuous characters and saints
as to expect the science of aesthetics to bring forth poets,
sculptors and musicians." To this view Paulsen replies:
Public-domain text, read in full here on John Shaqi.
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