Teleological approach to client representation- case, Business Law and Ethics

Bobby K is pursuing the teleological approach to client representation, meaning that the result is all he's after - case closed! Not exactly a win-win but a "settlement" and closure. On to the next case. Problem is, "justice" is (or should be) deontological, ie.., right is right and wrong is wrong. It's right to prosecute a gulity person to the full extent of the law and not let them off easier in order to make a prosecutors case load lighter, or courts a bit less crowded or fees more rapidly deposited into Bobby K's pocket.

The teleological approach Boby K is pursuing is a bit like the fellow whose cousin gave him a bottle of whisky for Christmas and when asked how he liked it, the fellow said of his cousin's gift, "if it were any worse I couldn't have drunk it, and if it were any better he wouldn't have given it to me!"

In one of his letters to Harold Lasky, Oliver Wendell Holmes, Jr. observed, "the law must keep its promises." This is the foundation of our freedom, the rule of law keeping its promises and not being undermined or diluted by teleological efficiencies like Bobby K's "plea bargains."

 

 

Posted Date: 2/27/2013 7:19:33 AM | Location : United States







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