Law in Contemporary Society

View   r15  >  r14  ...
JobsAsComplicity 15 - 07 Feb 2010 - Main.RonMazor
Line: 1 to 1
 One reason Eben gave for not working at a firm was that firms do morally undesirable work, and that in working for a firm, one's work would actively be contributing to that overall morally undesirable work product. For example, if one was a big-firm lawyer over the past five years or so, one most likely actively contributed to the financial crisis by providing the legal work for allowing grossly unchecked mortgage-backed securities to be created and flipped for fast profit.

My question: Is it true in every job, you are always morally complicit in the work of the company? Note than an answer of yes would mean that when you work for an organization that actively does good, you are also actively doing good. Is there ever any way to dissociate oneself morally from the work of the company in which one participates?

Line: 135 to 135
  and moral personalities, but your community and society as well.
Added:
>
>

Glover, I'll clarify my points. I did not mean to imply that there is a causal relationship between the nature of law and the nature of morality. What I was trying to express is that if you buy into the argument that law, and all of its underlying principles, doctrines, definitions, structures, etc. is simply window dressing for the realities of human behavior and the imposition of power (see AnatoleFrance for a growing discussion on law as power), morality lends itself to a similar critique.

I am mildly disappointed that you think Sartre is less compelling than the categorical imperative of Kant. I suppose we'll have to agree to disagree.

Still, while you may not especially care for the moral relativism of Sartre, I think existentialism is useful for approaching things from a realist perspective. And I think it has particular relevance to this discussion. That morality resides in the individual is, to me, a recognition that people invent their own moral compasses. By that token, the only form of reckoning that is certain in life is that a person must live with the consequences of their choices.

As law students at Columbia, we have the necessary free agency to choose our career path. There are reasons in favor of taking firm jobs, and reasons against. Morality may play a part in our choice, depending on what we choose to believe. My point was simply that there was no need to get bogged down in hashing out the particular morality of working for a firm, because where one draws the line will vary. What won't change, to borrow from Sartre, is the anguish of choice. Whatever decision is made will come with a certain set of results, and if one chooses poorly, the consequences of the choice nevertheless remain. This isn't a recipe for letting lawyers' souls rest easy--nothing in life has greater permanence than our choices and their effects.

-- RonMazor - 07 Feb 2010

 
 
<--/commentPlugin-->

Revision 15r15 - 07 Feb 2010 - 06:23:55 - RonMazor
Revision 14r14 - 07 Feb 2010 - 04:50:38 - EbenMoglen
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM