Kantian ethics in legal defense: A thought experiment on legal and moral obligations in the practice of law through the case of Reymar Masilang y Laciste vs the Philippines
This paper serves as a thought experiment to navigate the waters of the moral and legal obligations of lawyers under the principles and idealism of Kant’s moral ethics, taking into account the perspective of the lawyer defending the accused. This leaves an impression of the affinity of reason and mo...
Saved in:
| Main Author: | |
|---|---|
| Format: | text |
| Language: | English |
| Published: |
Animo Repository
2024
|
| Subjects: | |
| Online Access: | https://animorepository.dlsu.edu.ph/etdb_philo/32 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Institution: | De La Salle University |
| Language: | English |
| Summary: | This paper serves as a thought experiment to navigate the waters of the moral and legal obligations of lawyers under the principles and idealism of Kant’s moral ethics, taking into account the perspective of the lawyer defending the accused. This leaves an impression of the affinity of reason and morality in the course of Kant's philosophy as it brings forth the fact that rationality is the basis of all moral principles. For Kant, duty comprehends more than individual bias and norms, it is an ontological reflection of right reason and chord of justice. The integrity of the lawyer toward their client despite the conflicts of interest may indeed be a challenge. However, in the light of Kantian ethics, the lawyer assumes going to higher moral principles and is capable of reaching the truth. The categorical imperative, backed up by its motto better to act according to universalizable maxims and also take into consideration the intrinsic worth of all human beings, sets out a firm standard for assessing the different ethical problems that may appear in real life. Kantian ethics require lawyers to treat their clients’ cases as equal and deserving of equal attention, without influencing such decisions by personal prejudice. Additionally, Kant’s idea of a society in that its people are aware of their rights and liberties is what portrays the key roles of legal practitioners, particularly as it comes to their duty, especially as stewards of the law to maintain ethical standards within their profession so they may promote a true and just society. Correspondingly, one can assert that according to Kant, lawyers have to provide skillful defense of Masilang and be committed to the principles of justice and fairness, even when more complex and ethical issues are encountered. |
|---|