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4 - Connecting Character to Lawyers’ Roles

Published online by Cambridge University Press:  24 March 2023

Adrian Evans
Affiliation:
Monash University, Victoria
Richard Wu
Affiliation:
The University of Hong Kong
Shenjian Xu
Affiliation:
China University of Political Science and Law, Beijing
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Summary

How do we strengthen our underlying character, so that we can practise law without fear? Aristotle insightfully insisted that character (virtue) does not suddenly appear; it does not just arrive one morning (in an email). We develop our character by applying ourselves to that task, usually over years. We can become ‘habituated’ to goodness by reflecting on the good and bad experiences we all have. Let us not forget that as lawyers we are guaranteed to be put under formidable pressure by clients, other lawyers and even police, to do the wrong thing. The key virtues for lawyers are wisdom and knowledge, courage and justice – they are a stable foundation for modern legal ethics. To those who say virtue ethics is too subjective, or paternal or fails to give adequate action guidance when it is needed (compared to Western duty-based frameworks), we say that virtue ethics looks first at the actor and then the act. If the actor is good, so also will be the act. Nevertheless, reflection on the connections between your virtues and various lawyer ‘types’ (the zealous advocate; the responsible lawyer; the moral activist; and the ‘relationship of care’), will strengthen your character further.

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Chapter
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The Good Chinese Lawyer
A Student Guide to Law and Ethics
, pp. 125 - 159
Publisher: Cambridge University Press
Print publication year: 2023

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