LJU4802 Exam
Prep (Questions
With Answers)
Professional Ethics
,ANSWER Q 1
Immanuel Kant's theory of ethics is considered deontological, which is the normative ethical position
that judges the morality of an action based on rules. It is sometimes described as "duty-" or "obligation-"
or "rule-" based ethics, because rules "bind you to your duty".
Rule governed ethics is based on the idea that in order to judge human conduct, it is necessary to
establish first the ethical rule governing particular conduct. The ethical rule then takes precedence over
everything else, such as the consequences of the conduct. The rule has two qualities. It prescribes what
ought to be done in order to qualify as morally good, and the rule must be accepted as a duty. Once the
rule is accepted as a duty then you have the obligation to obey it. The ethics of duty is also known as
deontology.
Imperatives are instructions; they tell us what to do. Kant distinguished between two types of
imperative: hypothetical and categorical:
Hypothetical imperatives tell you what to do in order to achieve a particular goal: “If you want to have
enough money to buy a new phone, then get a job”; “If you don’t want to go to prison, then don’t steal
cars”.
Hypothetical imperatives only apply to people who want to achieve the goal to which they refer. If I don’t
care about having enough money for a new phone, then “If you want to have enough money to buy a
new phone, then get a job” doesn’t apply to me; it gives me no reason to get a job. If I don’t mind going
to prison, then “If you don’t want to go to prison, then don’t steal cars” doesn’t apply to me; it gives me
no reason not to steal cars. Morality, according to Kant, isn’t like this. Morality doesn’t tell us what to do
on the assumption that we want to achieve a particular goal, e.g. staying out of prison, or being well-
liked. Moral behaviour isn’t about staying out of prison, or being well-liked. Morality consists of
categorical imperatives.
Categorical imperatives, unlike hypothetical imperatives, tell us what to do irrespective of our desires.
Morality doesn’t say “If you want to stay out of prison, then don’t steal cars”; it says “Don’t steal cars!” We
ought not to steal cars whether we want to stay out of prison or not.
According to Kant, morality must be based on the categorical imperative because morality is such that
you are commanded by it, and is such that you cannot opt out of it or claim that it does not apply to you.
Pg. 4
© 2018 Together We Pass. All rights reserved.
, ANSWER Q 2
2.1
A lawyer with this formalistic and positivistic approach to law or legal philosophy will understand his or
her ethical responsibilities as a question of complying strictly with a codified set of rules. These rules will
then fully prescribe what he or she may or may not do in a given situation. This kind of lawyer will
understand ethics as a question of complying with the general rules.
The formalistic idea that legal ethics is no more than the compliance with a legal code makes a mockery
of this justification, reduces law to another business enterprise, and exposes the continued existence of
the law and bar societies as no more than agencies created to protect vested interests.
2.2
A formalistic approach to ethics will tend to focus on those minimum standards and rules which could
be strictly enforced by law societies. A lawyer adhering to a rule based or formalistic approach to law
would be adopting a “bad man” approach to the law, and this is highly problematical and one of the
reasons for the ethical crisis in the profession. It leads to role differentiated behaviour between lawyers
and clients.
ANSWER Q 3
Postmodernism is characterised by:
1. The demise of the belief in the universal validity of a particular (a Western) lifestyle or morality,
2. the celebration of difference,
3. the rejection of absolutes as well as universals, and
4. The recognition of the necessity to accept uncertainty and indeterminacy as a way of life.
In light of the above, the question arises whether it is possible to have law in postmodern times. From a
rule based perspective, law is underpinned by universal rules and principles which can be applied to all
situations. Law constitutes and establishes a sole, definite and authoritative point of reference in terms
of which human conduct must be judged. However, this is precisely what postmodern ethics denies and
rejects. This is the reason why we end up without a substantive or moral or ethical code for the
postmodern period. The uniqueness of the particular situation, or the difference involved in every other
Pg. 5
© 2018 Together We Pass. All rights reserved.
Prep (Questions
With Answers)
Professional Ethics
,ANSWER Q 1
Immanuel Kant's theory of ethics is considered deontological, which is the normative ethical position
that judges the morality of an action based on rules. It is sometimes described as "duty-" or "obligation-"
or "rule-" based ethics, because rules "bind you to your duty".
Rule governed ethics is based on the idea that in order to judge human conduct, it is necessary to
establish first the ethical rule governing particular conduct. The ethical rule then takes precedence over
everything else, such as the consequences of the conduct. The rule has two qualities. It prescribes what
ought to be done in order to qualify as morally good, and the rule must be accepted as a duty. Once the
rule is accepted as a duty then you have the obligation to obey it. The ethics of duty is also known as
deontology.
Imperatives are instructions; they tell us what to do. Kant distinguished between two types of
imperative: hypothetical and categorical:
Hypothetical imperatives tell you what to do in order to achieve a particular goal: “If you want to have
enough money to buy a new phone, then get a job”; “If you don’t want to go to prison, then don’t steal
cars”.
Hypothetical imperatives only apply to people who want to achieve the goal to which they refer. If I don’t
care about having enough money for a new phone, then “If you want to have enough money to buy a
new phone, then get a job” doesn’t apply to me; it gives me no reason to get a job. If I don’t mind going
to prison, then “If you don’t want to go to prison, then don’t steal cars” doesn’t apply to me; it gives me
no reason not to steal cars. Morality, according to Kant, isn’t like this. Morality doesn’t tell us what to do
on the assumption that we want to achieve a particular goal, e.g. staying out of prison, or being well-
liked. Moral behaviour isn’t about staying out of prison, or being well-liked. Morality consists of
categorical imperatives.
Categorical imperatives, unlike hypothetical imperatives, tell us what to do irrespective of our desires.
Morality doesn’t say “If you want to stay out of prison, then don’t steal cars”; it says “Don’t steal cars!” We
ought not to steal cars whether we want to stay out of prison or not.
According to Kant, morality must be based on the categorical imperative because morality is such that
you are commanded by it, and is such that you cannot opt out of it or claim that it does not apply to you.
Pg. 4
© 2018 Together We Pass. All rights reserved.
, ANSWER Q 2
2.1
A lawyer with this formalistic and positivistic approach to law or legal philosophy will understand his or
her ethical responsibilities as a question of complying strictly with a codified set of rules. These rules will
then fully prescribe what he or she may or may not do in a given situation. This kind of lawyer will
understand ethics as a question of complying with the general rules.
The formalistic idea that legal ethics is no more than the compliance with a legal code makes a mockery
of this justification, reduces law to another business enterprise, and exposes the continued existence of
the law and bar societies as no more than agencies created to protect vested interests.
2.2
A formalistic approach to ethics will tend to focus on those minimum standards and rules which could
be strictly enforced by law societies. A lawyer adhering to a rule based or formalistic approach to law
would be adopting a “bad man” approach to the law, and this is highly problematical and one of the
reasons for the ethical crisis in the profession. It leads to role differentiated behaviour between lawyers
and clients.
ANSWER Q 3
Postmodernism is characterised by:
1. The demise of the belief in the universal validity of a particular (a Western) lifestyle or morality,
2. the celebration of difference,
3. the rejection of absolutes as well as universals, and
4. The recognition of the necessity to accept uncertainty and indeterminacy as a way of life.
In light of the above, the question arises whether it is possible to have law in postmodern times. From a
rule based perspective, law is underpinned by universal rules and principles which can be applied to all
situations. Law constitutes and establishes a sole, definite and authoritative point of reference in terms
of which human conduct must be judged. However, this is precisely what postmodern ethics denies and
rejects. This is the reason why we end up without a substantive or moral or ethical code for the
postmodern period. The uniqueness of the particular situation, or the difference involved in every other
Pg. 5
© 2018 Together We Pass. All rights reserved.
