Legal Ethics Research Articles

Review of Legal Ethics in Applying Palliative Care to Improving the Quality of Life of Patients

Palliative care is a treatment for patients who have incurable diseases by optimizing the patient’s quality of life and reducing pain and other symptoms by paying attention to psychological and spiritual aspects. Previous studies have assessed the importance of implementing palliative care in Indonesia because of the high prevalence of incurable diseases such as cancer, heart failure, and other diseases such as HIV/AIDS. Palliative care is a form of medical care and patient comfort that controls the intensity of a disease or slows its progress, whether or not there is hope of recovery. Palliative care does not aim to provide a cure or reverse disease progression. It is an important part of caring for terminal patients, which can be done simply, although their main priority is quality of life and not recovery of the patient from the illness. Most patients come for treatment with a diagnosis of disease in an advanced stage. In such conditions, the patient tends to choose a short but happy life rather than a long life with many limitations. For patients, the only realistic treatment options are pain barriers and palliative care. So palliative care is an effective way to improve the quality of life of patients.
 Keywords: legal ethics, palliative care, patient

Double Jeopardy, Autrefois Acquit and the Legal Ethics of the Rule Against Unreasonably Splitting a Case

Section 75 of the Criminal Justice Act (CJA) of 2003 overturned the principle in English law that a person cannot be retried for an offense of which he has been acquitted, recognizing advances in forensic science that uses modern analysis of DNA in adducing in evidence. The special plea of autrefois acquit can be overturned based on finding of compelling evidence after a previous acquittal of a suspect who can now be tried again for the same offense. The double jeopardy arises only after a lawful acquittal or autrefois convict of the accused for the first offense and these principles have allowed exceptions to the rule against double jeopardy developed by the courts. There is an analogous rule in common law courts based on the unreasonable splitting of the case when there is a severing of indictments which overrides the bar on the accused being retried for the same offense. This paper examines the difficulty of trying a defendant fairly in the English courts when the defense has pleaded an abuse of process and there is no clear overall argument for trial. This question needs an appraisal of legal ethics in criminal courts because a retrial of the accused on the same charge breaches the autrefois acquit doctrine, and severing of an indictment can cause the fair trial process to be undermined.

The New Legal Ethics

The New Legal Ethics

Legal Ethics and Professional Responsibility in the Legal Profession

Legal Ethics and Professional Responsibility in the Legal Profession

To Be or Not to Be—Legal Ethics, Technology & the Afterlife of Digital Assets

To Be or Not to Be—Legal Ethics, Technology & the Afterlife of Digital Assets

A Legal and Ethical Review of Artificial Intelligence Technology in Public Safety Management

Abstract The imperative to meticulously assess and manage the legal and ethical risks associated with artificial intelligence (AI) in public safety management is increasingly recognized. This study employs the Apriori algorithm to identify frequent itemsets in public safety risk management, further refining these findings using the FP-growth algorithm’s Gini coefficient to pinpoint optimal features representing legal-ethical risk factors. Cloud modeling techniques are also applied to examine the nuances of AI’s legal ethics. Our analysis reveals a significant growth in AI patent applications within the public safety sector, showing an increase in the relative growth rate from 1.1679 to 1.4810 over eight years, equating to an 88.66% rise. Based on highest membership values in the risk prevention and control system, risk categorization identified social ethics risk and public security threat risk with indices of 0.461, 0.721, and 0.499, respectively, classifying them into class II and III risks. This investigation into AI’s legal ethics forms a critical foundation for developing a risk regulation framework and offers strategic recommendations for legal reform, ensuring AI’s positive trajectory in public safety.

The Legal Ethics of Generative AI

The Legal Ethics of Generative AI

Anger as Human Nature – Sharī‘ah (Islamic Law), Shakespearean Perspective: A Way towards Effective Islamic Criminal Law and Legal Ethics (A Realistic Jurisprudential Approach)

Abstract William Golding once said: “Look out; the evil is in us all” (Lambert, 1993). Deeply scarred by wars, feuds, oppressions, discriminations and murders, in short, the entire history of mankind gives a sharp impression that man by nature is devoid of any good. Every single act of his signifies that, besides others, man is mainly driven by the evils, especially of wrath. Owing to the negative human nature, the state of affairs of this world has been gloomy since year dot – a notion, despite their radical conceptual and methodological differences, is fast held by scriptures like the Holy Qurān, by the literati like William Shakespeare and psychology alike. Notwithstanding its concept of fitrāh, the Sharī‘ah refers to human nature as weak. William Shakespeare, redoing the Qurānic concept of human nature, illustrates the notion in his tragedies that man is more evil by nature. A close scrutiny of the works of the renowned psychologists reveals that psychology, more or less, mirrors the same concept of human nature, compelling researchers to further probe the issue. Critical analysis and in-depth scrutiny of all the three domains affirm that human nature is negative in many aspects. Underpinning the evils of anger, the three works concurrently recommend feasible cures to this evils – though requiring, at some levels, conscious efforts. Such cures create strong ethical values both at social and legal levels, creating a society where commission of crimes becomes less. While keeping the reliability of the findings, the present work opts for the content analysis approach – a familiar tool of qualitative research - to examine the secondary data, conscientiously collected from the Holy Qurān, work of William Shakespeare and the works of prominent psychologists.

POWER OF ATTORNEY FACTORS AND CONDITIONS INFLUENCING ELDER FAMILY FINANCIAL EXPLOITATION

Abstract Approximately 16% of older adults worldwide experience some form of elder abuse including elder family financial exploitation (EFFE), the unlawful transfer and theft of funds and property perpetrated by a family member. Power of Attorney (POA) arrangements, when constructed and executed properly, can be critical tools for protecting against such exploitation. This national research study examined family reports of EFFE using the Bronfenbrenner Ecological Framework to classify risk factors within the POA arrangement. Interviews were carried out with 31 family members within 24 families that had experienced EFFE. Using constructivist grounded theory analysis methods, the following themes related to risk factors were noted across EFFE stories about professionals involved in the EFFE situations: 1) Conflict of interest between attorneys and POA agents, 2) A perceived lack of competence of consulting attorneys; and 3) A lack of transparency around POA arrangements. Policy and education implications include the need to create legal requirements for transparency reporting and/or registration for POAs, strengthening legal ethics and EFFE training, and providing public education to families about the POA process and how to locate appropriately trained legal professionals.

Reducing the risk of NHS disasters

How could we better use public inquiries to stem the recurrence of healthcare failures? The question seems ever relevant, prompted this time by the inquiry into how former nurse Letby...

An Analysis of Moral Values through Some Characters in the Novel Lampuki by Arafat Nur

This thesis is a research on the moral values that exist in several characters and events in the novel Lampuki. This novel is one of Arafat Nur's best works. This novel is concerned with the Aceh conflict and describes in detail about war, social behavior, characters, society, and human values. Many moral messages can be learned, as well as adding insight into the appearance of Aceh's struggle at that time. Therefore, the scope of this research is focused on "An Analysis of Moral Values Through Some Characters". The problem in this research is (1) How is the description of Acehnese people's relations regarding moral values in the novel? (2) What are the moral values of some characters in the novel? The methods used in this research are (1) library research, (2) and the techniques used are: reading the novel many times, taking the information related to the topic, specifying the data following the information. The results of this research concerned moral values in the several characters in the novel are; (1). The morality of divinity: worship, understanding religion, loving teachers, and some bad morals, namely, not covering the private parts, and adulterous; (2) Ideological morality and philosophical morality: care about unity and integrity; (3) The morality of ethics and decency: patience, caring for others, friendly, mercyful, humility, and protective. And there are bad morals, namely, fierce, arrogant, and opinionated; (4) The morality of discipline and legal morality: refusing to become a marijuana farmer, refusing to consume marijuana, and bad morals are selling marijuana.
 Keywords : Novel Lampuki, moral values, characters

Legal imperfectionism

ABSTRACT What role do moral norms play in the justification of legal norms? Here, I explore an answer that emphasises the moral significance of imperfection – of the fact that we are imperfect people, who live imperfect lives, and who have imperfect tools at our disposal for responding to our predicament. These imperfections, I argue, help make the case for (one version of) the harm principle. And they help make the case against the claim traditionally associated with legal moralism, namely that moral duties give law-makers reason to create legal duties with the same content. To accept all this is compatible with accepting – as I also claim here – that legal norms which help us better conform to moral norms are legal norms there is reason for law-makers to create. Those who accept this are nowadays dubbed perfectionists. Following John Gardner, I suggest that they are better thought of as legal imperfectionists.

Ethical Considerations of Using ChatGPT in Health Care.

ChatGPT has promising applications in health care, but potential ethical issues need to be addressed proactively to prevent harm. ChatGPT presents potential ethical challenges from legal, humanistic, algorithmic, and informational perspectives. Legal ethics concerns arise from the unclear allocation of responsibility when patient harm occurs and from potential breaches of patient privacy due to data collection. Clear rules and legal boundaries are needed to properly allocate liability and protect users. Humanistic ethics concerns arise from the potential disruption of the physician-patient relationship, humanistic care, and issues of integrity. Overreliance on artificial intelligence (AI) can undermine compassion and erode trust. Transparency and disclosure of AI-generated content are critical to maintaining integrity. Algorithmic ethics raise concerns about algorithmic bias, responsibility, transparency and explainability, as well as validation and evaluation. Information ethics include data bias, validity, and effectiveness. Biased training data can lead to biased output, and overreliance on ChatGPT can reduce patient adherence and encourage self-diagnosis. Ensuring the accuracy, reliability, and validity of ChatGPT-generated content requires rigorous validation and ongoing updates based on clinical practice. To navigate the evolving ethical landscape of AI, AI in health care must adhere to the strictest ethical standards. Through comprehensive ethical guidelines, health care professionals can ensure the responsible use of ChatGPT, promote accurate and reliable information exchange, protect patient privacy, and empower patients to make informed decisions about their health care.

Formula of Learning Outcome Soft Skills Under Graduate Midwifery

Midwives as women's partners are professions that have jobs with great complexity and responsibility. To achieve access to and quality of good reproductive health, maternal and child health services, fight poverty, improve education, increase the Human Development Index (IPM/HDI) and empower women and gender equality is an important issue to be managed and realized through planned and systematic midwifery education to create a conducive learning atmosphere and learning process so that students actively develop their potential optimally as midwives who have religious spiritual strength, self-control, personality, intelligence, sincerity, noble character, as well as the wisdom and skills needed by themselves, society, nation and country with the ability to develop abilities as a care providers, decision makers, communicators, community leaders and managers, as well as profiles of midwives as life long learners, entrepreneurs and faith and piety. Areas of competence in S1 midwifery education are Effective communication, Legal ethics and patient safety, Self-development and professionalism, Scientific foundation of midwifery practice, Clinical skills in midwifery practice, Health promotion, Management, Leadership and Entrepreneurship in every stage of a woman's life cycle namely Female reproductive health, Pre-marital, Pre-conceptional period, Pregnancy, physiological childbirth and postpartum, Early detection and early management of pathological pregnancy, childbirth and postpartum, Physiological newborns, neonates and toddlers, Early detection and early management of pathological newborns, neonates and toddlers, early detection and early treatment of female reproductive disorders and community midwifery

Human or Beast: Xenogeneic Creature’s Self-Identity from the Perspective of Ethics —A Case Study of The Island of Dr. Moreau

This paper aims to study the Xenogeneic creature’s ethical choice from the perspective of scientific ethics and legal ethics by analyzing the existing problems, construction methods, and failure reasons of orc self-identity in The Island of Dr. Moreau. By analyzing the orcs’ survival dilemma, the author of this paper finds out that the orcs’ failure of self-identity is closely related to the lack of ethical constraints on scientific experiments and the lack of moral considerations in the formulation of laws.

SAHKAH HUKUM YANG BURUK SECARA MORAL ? PERDEBATAN ANTARA LON LUVOIS FULLER DAN H.L.A. HART

The concept of natural law, which was inherited by Thomas Aquinas, is still attractive. In the 20th century, his thoughts were re-examined and used as a basis by several legal philosophers, one of whom was Lon Luvois Fuller. Fuller is considered successful in actualizing Aquinas' thoughts in the realm of 20th century thought. Natural law is understood as a theory which states that law and morality have an absolute relationship (necessary relation); that the validity of law (rules, precedent, judge's decision) depends on its conformity with morality. The absolute link between law and morality according to Fuller is evident in the procedures that apply in the contemporary legal system which according to him reflects moral principles or legal morality. Fuller's thoughts were met with strong resistance from H.L.A. Hart stated that the moral principles according to Fuller are legal morality not as moral principles, but as legal principles.

Reexamining the integrative approach to legal ethics education: the case of Hong Kong as an Asian financial centre

ABSTRACT This article examines how ethical values are integrated into legal education in Hong Kong, a prominent financial hub in Asia. It focuses on two aspects of integration: the integrative use of prescriptive and experiential teaching methods and the integration of legal ethics education into the curricula of law schools. Effective implementation of legal ethics education in Hong Kong faces challenges due to inadequate commitment to the integrative approach in law schools. While integrating legal ethics education into the curriculum alone is insufficient, there is also a lack of effective integration of prescriptive and experiential teaching methods. To address these needs and challenges, the article proposes a dedicated core course on legal ethics supported by seminars and workshops led by experienced practitioners. This approach aims to foster ethical conduct among law students, enhancing Hong Kong’s reputation as an Asian financial centre by cultivating a culture of ethical responsibility, which is vital for the development and sustainability of Hong Kong’s legal landscape.

Consequentialism and problem of role morality in legal ethics

ABSTRACT One of the frequent philosophical problems of legal ethics is the conflict between common and role morality. This situation is where a lawyer's actions are evaluated differently by these two sets of moral norms. The article seizes on this as a conflict between two conventional moralities that need to be resolved with the help of a justificatory morality and thus an appropriate theory of normative ethics. It offers as a possible response a variant of consequentialism that draws on utilitarianism and brings it closer to pragmatism. This approach seeks to preserve the traditional advantages of utilitarianism, which are minimalist and plausible normative assumptions, and an excellent ability to resolve moral conflicts. At the same time, it takes into account the complex nature of the world in which we live and our epistemic uncertainty, which brings it closer to pragmatism. The author confronts this theory with some existing approaches to resolving the conflict between the common and role morality and tries to show that it is at least as plausible as they are and should have a place among them. Finally, the article concludes with an analysis of the famous case of Alton Logan as its practical application.

Ethical lawyering in the Anthropocene

ABSTRACT Law must evolve to play its part in addressing the anthropogenic threats of climate change and biodiversity loss. Lawyers have a key role to play in assisting that evolution, and the ethics that govern lawyers’ work will play a large part in determining its success. This article explains how four core approaches to legal ethics support lawyers in their work to address climate change and to facilitate more sustainable ways of living.

Existential Ethics: Thinking Hard About Lawyer Responsibility for Clients’ Environmental Harms

Abstract This paper challenges the conventional understanding among many legal ethicists that environmental harm can be a necessary, if regrettable, collateral effect of lawyerly work. It argues that lawyers sometimes do things that cost society too much and that legal ethics (being the rules of ethical conduct set out by regulators of lawyers and broader theories of ‘good’ lawyering) has the potential to act as a mediator on lawyers’ environmental harm-causing action. The paper begins by examining lawyers’ formal rules of professional conduct in England & Wales, showing how those rules require lawyers to provide active counselling to clients but do not fully address clients’ legally permissible choices that may result in environmental harm. The paper then turns to theories of legal ethics that go beyond these baseline rules. Here, I argue that the dominant ‘Standard Conception’ of lawyers as neutral technicians is not only implausible in the context of environmental law but also fundamentally incomplete. The paper also considers the ethical implications of a lawyer’s initial decision to represent a client. The commonly held belief that ‘Everyone deserves legal advice’ often masks a simple ethical choice, where lawyers prioritise commercial concerns over environmental considerations, unburdened by more complex ethical constraints. However, this rationalisation rests on unsound premises and frequently clashes with lawyers’ personal moral boundaries; a problem I label ‘Meatloaf Lawyering’. Ultimately, I argue that lawyers have significant ethical agency and that their professional obligations do not impede (and sometimes require) an active, ethically responsible stance towards environmental harms.