Ethical Standards for Prosecution and Defence Counsel before International Courts: The Legacy of Nuremberg
10(1) Journal of International Criminal Justice (2012), 423-446
There exists no international bar that regulates the practice of forensic advocacy before international courts and... more
There exists no international bar that regulates the practice of forensic advocacy before international courts and tribunals. This lack of common ethical standards for representatives before international courts and tribunals has become increasingly topical. Initiatives by such professional organizations as the International Law Association and the International Bar Association to identify universal ethical principles suggest that there is a body of opinion amongst practitioners that common
ethical standards are necessary. Despite the wealth of literature on the Nuremberg trial, the historical record has never been studied from the specific standpoint of the professional ethics of counsel. This article examines the historical record of the
International Military Tribunal (IMT) to draw historical lessons. In doing so, a fascinating and, in some respects, astonishing narrative is revealed of the actions of certain individuals and the lax standard of professionalism set by the IMT. The lessons
20 from the Nuremberg experience are an invaluable cautionary tale in the capacity of counsel to endanger or safeguard the integrity of judicial proceedings and, consequently, their overall legitimacy. As the proto-international bar gradually organizes
itself into a profession and as professional ethics for prosecutors becomes increasingly contentious before the International Criminal Court, a closer examination of
25 the Nuremberg legacy provides compelling material for the need for common and robust ethical standards for counsel practicing before international courts and tribunals.
Combat Hospital’s deployment of ethics and entertainment
de Laat, S.; Schwartz, L.; Williams-Jones, B.; Hunt, M.; Rochon, C*, & Okhowat, A.* 2012. “Combat Hospital’s deployment of ethics and entertainment” Canadian Medical Association Journal. 184(6) : 680-681
For an Ethnomethodology of Healthcare Ethics
Health Care Analysis, currently Online First.
This paper considers the utility of Ethnomethodology (EM) for the study of healthcare ethics as part of the empirical... more This paper considers the utility of Ethnomethodology (EM) for the study of healthcare ethics as part of the empirical turn in Bioethics. I give a brief introduction to EM through it respecification of sociology, the specific view on the social world this generates and its posture of ‘indifference’. I then take a number of EM concepts and articulate each in the context of an EM study of healthcare ethics in professional practice. Having given an overview of the relationship and perspective EM might bring to the professional practice of healthcare ethics I consider whether and how such an approach could be deployed. Whilst an ethnographic study might be problematic I suggest a number of alternative methods through which such EM research could be accomplished. I conclude with the suggestion that EM, as a particular approach to sociological research, offers good deal of potential for the empirical study of healthcare ethics in practice which could result in an improved reflexive understanding of professional ethical practices in bioethics.
La deontologia professionale del medico
revised version published in Alessandro Pagnini (a cura di), Filosofia della medicina, Carocci, Roma 2010
Ética profesional y rol docente en el mundo globalizado
Co-authored with César Peña, published in 'Anuario de Pregrado 2004' (ISSN 0718–2848), No 1 (año 1), Septiembre 2005, Facultad de Filosofía y Humanidades, Universidad de Chile.
Como ha sucedido en otros trances de la historia contemporánea es hacia la educación donde primero se dirigen las... more Como ha sucedido en otros trances de la historia contemporánea es hacia la educación donde primero se dirigen las intenciones de transformación socioeconómica de los países. Así, los cambios experimentados por nuestras sociedades —donde el conocimiento, la información y la comunicación se han vuelto centrales— plantean nuevos desafíos a la educación. Sin embargo, es la educación desde un núcleo teórico bien estructurado la que debe abordar sus propias problemáticas y no actuar de manera simplemente funcional a los cambios que se desarrollan a su alrededor. Y tal núcleo teórico se enfrenta hoy al imperativo de pensar la situación actual de una cultura, economía y sociedad diferentes. Por ello, uno de los aspectos centrales que cabe reflexionar es la nueva configuración ofrecida por la función cultural que cumple la educación, en tanto hoy rige sobre ella el imperativo de dirigir la educación hacia el conocimiento. Un conocimiento que es preciso diferenciar de una amplia variedad de competencias de acceso, procesamiento y recopilación de información de los que provee actualmente la psicología educativa, así como de las habilidades operativas específicas que interesan a la producción económica. Ambas aproximaciones tienden a separar al conocimiento y a la educación del rol que juegan en la cultura y sociedad actuales y a los que cabe el rol de una formación ciudadana capaz de integrar al cuerpo social.
A Political Critique of Kantian Ethics in Social Work
by Stephen Webb
British Journal Social Work (1989) 19 (1): 491-506.
This paper addresses the Kantian theory of the subject which is found in contemporary social work discourse on ethics... more This paper addresses the Kantian theory of the subject which is found in contemporary social work discourse on ethics and values. It is argued here that the Kantian idea of persons as (i) rational, (ii) autonomous, and (iii) ends-in-themselves is wholly inadequate to the social work doctrine of ‘respect for persons’. To show this, we counterpose a Foucauldian view of history, moral codes and theory of the person, and the meaning this can have in the social worker-client relation. This alternative reading claims that social work is essentially a political practice which is constructed by various discursive and institutional strategies of power. Therefore, it is suggested that social work needs a political reading of its own discourse. To this end we outline a Foucauldian micro-political analysis of the social work ‘subject’ or person as a point within a field of discursive-knowledge based strategies.
Virtue Ethics and Social Work: Being Lucky, Realistic, and not Doing ones Duty
by Stephen Webb
British Journal of Social Work (2002) 32, 1015–1036
This article argues that in a complex socio-political world, social work ethics needs to re-cast the moral identity of... more
This article argues that in a complex socio-political world, social work ethics needs to re-cast the moral identity of the social worker in terms of virtue ethics. We review virtue theory’s Aristotelian foundations and criticisms of Kantian and utilitarian theory and show how they apply to social work. Subsequently we offer an account of a virtue based social work that questions the validity of several models of practice currently fashionable. Virtue theory emphasizes the priority of the individual moral agent who has acquired virtues commensurate with the pursuit of a revisable conception of the good life—the well-being of all in a defined community. The virtues are the acquired inner qualities of humans—character—the possession of which, if applied in due measure, will typically contribute to the realization of the good life or ‘eudaimonia’. The role of the virtuous social worker is shown to be one that necessitates appropriate application of intellectual and practical virtues such as justice, reflection, perception,judgement, bravery, prudence, liberality and temperance.
This self-flourishing worker in bringing together the capacity for theoretical and practical action makes possible a hermeneutic or interpretive praxis best appraised in dialogue with fellow-practitioners and clients. With a social work remit increasingly routinized by accountability, quality control and risk management there is an emphasis on regulation and duties. This has produced a culture of following approved or typical processes resulting in defensive forms of social work wholly uncongenial to the development of human qualities likely
to promote social workers’ engagement in critique and revision of what counts as best practice. In sum, our core proposition is that social work practice and education, to fit an unpredictable, non-linear world, should develop means by which professionals nurture the virtues. This would reflexively enhance social work itself.
The Opinions of Preschool Teachers about Ethical Principles
by Halil Eksi
Safak ÖZTÜRK
Educational Sciences: Th eory & Practice
10 (1) • Winter 2010 • 393-418
Can we fulfill our responsibilities and obligations while we are working? Today, professional
ethics is a... more
Can we fulfill our responsibilities and obligations while we are working? Today, professional
ethics is a necessity for each occupation. As teachers are directly responsible for
children’s growth, professional ethics and ethical decision making are important for them.
Although many countries, particularly the United States, have prepared ethics codes for
preschool teachers, there are none listed for this group in Turkey. In this study, 29 preschool
teachers from Samsun, Turkey were interviewed about preschool teachers’ professional
ethical principles by using semi-structured questions. Content analysis was used to
determine the opinions of the teachers after the interviews, and an ethics code list was
prepared. Each diff erent opinion was an item in the list and frequency values were calculated.
Th us, the first ethics code framework was created for Turkish preschool teachers.
Assessing Ethical Standards for EFL Teaching Professionalism
Dickey, R.J. (2006). Assessing Ethical Standards for EFL Teaching Professionalism. TESOL Law Journal., vol 1, pp. 16-23.
link is to a web-version, the attached paper is from the full-volume pdf
Appropriacy for and need of ethical guidelines for teachers in EFL settings is analyzed and the TESOL-Law Draft Code... more Appropriacy for and need of ethical guidelines for teachers in EFL settings is analyzed and the TESOL-Law Draft Code of Ethics is examined following a more general review of underlying principles in ethics. Comparison is made to those rules affecting teachers in various settings across the globe as well as other professions. Distinctions in various systems of ethics are identified. Recommendations for revisions in the TESOL-Law design include reorganization, recommended (aspirational) ideal states, and inclusion of additional topic areas.
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Seen by:Conversations for Reflection: Designing Support for Reflection-on-Professional Action
by Mark Aakhus
Aakhus, M. (2005). Conversations for Reflection: Designing Support for Reflection-on-Professional Action. The Language Action Perspective on Communication Modelling (pp. 63-75). Kiruna, Sweden, June 19-20, 2005
A revised and updated version of this paper was published as:
Aakhus, M. (2007). Conversations for Reflection: Augmenting transitions and transformations in expertise. In C. R. McInerney & R. E. Day (Eds.), Rethinking Knowledge Management (pp. 1-20). Berlin, Heidelberg: Springer Berlin Heidelberg. doi:10.1007/3-540-71011-6
(http://www.springerlink.com/content/k182t223787g78v5/)
The aim of this paper is to specify a dialogue model for reflective inquiry that can inform the design and use of... more The aim of this paper is to specify a dialogue model for reflective inquiry that can inform the design and use of information systems to support collaboration, learning, and decision-making.
Technocratic and design stances toward communication expertise: How GDSS facilitators understand their work
by Mark Aakhus
Aakhus, M. (2001). Technocratic and design stances toward communication expertise: How GDSS facilitators understand their work. Journal of Applied Communication Research, 29(4), 341-371.
This study investigates the shared, and often unstated, premises that frame the expert communication servicing of... more This study investigates the shared, and often unstated, premises that frame the expert communication servicing of meeting facilitators who implement group decision support systems (GDSS). Nine premises about facilitating communication were reconstructed from the way practitioners use the concept "process" to describe the expert servicing they perform. The premises reveal how the facilitators treat an analytic distinction between process and content to be a natural fact about communication. This factual presumption entails a nascent philosophy of practice--"process management"--that facilitators use to persuade clients, and practitioners, about the trustworthiness and credibility of their servicing. The ironic consequence of this philosophy is the denial of the very influence and expert judgment they exercise in their professional action. This is not only problematic for individual practitioners and consumers of facilitation services but for the development of facilitation practice itself. The implications of this analysis for facilitation practice and applied communication research are discussed in terms of a "design stance" toward communication expertise which is an alternative to the "technocratic stance" that currently frames practitioner, consumer, and research interests in GDSS facilitators.
Ельке Кайзер, Ніколаус Бороффка, Кристофер Чіппіндейл, Філіп Кол, Є. М. Черних, О. Лесков, Карен Вителлі und Е. Р. Усманова, In: Від редколегії журналу «Археологія». Археологія (Київ) № 4, 2006, pp. 95-107.
Reactions and discussions of an article by Ya. Gershkovich concerning illegal archaeology in the Ukraine and professional ethics among archaeologists.
De cómo empezamos trabajando como arqueólogos y terminamos en una floristería - How to start working as archaeologist and how we ended up in a flower shop
by Pablo Guerra
Published in: Almasa Sánchez, J. (2011): El futuro de la Arqueología en España. Charlas de Café 1- 45 Profesionales hablan sobre el futuro de la Arqueología. JAS Ed. Madrid. ISBN: 978-84-938146-8-7 (papel) / 978-84-938146-9-4 (electrónica) Depósito Legal: M-43512-2011 Pp. 105-109.
Our future as seen from the cruel reality... Our future as seen from the cruel reality...
Will Graduating Year Accountancy Students Cheat in Examination? : A Malaysian Case
Nur Barizah Abu Bakar, Suhaiza Ismail and Suaniza Mamat (2010). Will Graduating Year Accountancy Students Cheat in Examination? : A Malaysian Case. International Education Studies, Vol.3 No.3 (ISSN 1913-9020; Canadian Center of Science and Education)
Due to a series of high profile accounting scandals and corporate collapses such as Enron, World.Com and Andersen,... more Due to a series of high profile accounting scandals and corporate collapses such as Enron, World.Com and Andersen, ethical conduct has been widely recognized as a crucial element in accounting profession and education. The growing concern over the ethics of professionals has also called for more academic research into this critical area. Our study aims at assessing ethical behaviors of the future accounting professionals (i.e. final year accounting students) in Malaysia. This study which uses questionnaire survey examined the students’ ethical attitudes as to whether they would act unethically in an examination. Also, their attitudes towards whistleblowing – if they become aware of such unethical conduct were examined. A vast majority of students (73 per cent), decided to be on the safe side – neither being purely unethical nor whistleblowers. Of the students, 11 per cent chose to become whistleblowers. While only 16 per cent would act unethically in exam, the percentage significantly declined once the risk of being caught was introduced. This indicates that students have not moved further from the first level of Kohlberg’s stages of moral development which highly depends on the punishment and penalty in order to behave ethically. Results also reveal that students with good academic achievement were less likely to cheat in exam. Furthermore, a larger proportion of male students as compared to female tend to behave unethically. Overall, the study indicates favorable results since the majority of respondents would not prefer to indulge in unethical behavior, although they are not being purely ethical.
Factors Influencing Auditor Independence: Malaysian Loan Officers’ Perceptions
Nur Barizah Abu Bakar, Abdul Rahim Abdul Rahman and Hafiz Majdi Abdul Rashid (2005). Factors Influencing Auditor Independence: Malaysian Loan Officers’ Perceptions, Managerial Auditing Journal. Vol. 20 No. 8, pp.804-822. (ISSN 0268-6902; Emerald Publishing; Scopus)
Purpose:-
Auditor independence is fundamental to public confidence in financial reporting and the auditing... more
Purpose:-
Auditor independence is fundamental to public confidence in financial reporting and the auditing profession. The study aims to provide further understanding of the factors influencing auditor independence from the perspective of commercial loan officers. Loan officers formed the sample as they are relatively sophisticated financial statement users who would understand the importance of audit report and the issues related to auditor independence.
Design/methodology/approach:-
The study examines the perceptions of commercial loan officers in Malaysian-owned commercial banks and a total of 86 officers responded to the self-administered questionnaire.
Findings:-
Results indicate that smaller audit firms, audit firms operating in a higher level of competitive environments, audit firms serving a given client over a longer duration, larger size of audit fees, audit firms providing managerial advisory services, and, the non-existence of an audit committee, are perceived as having a higher risk of losing independence. Audit firm size appears to be the most important factor that affects the auditor independence, followed by tenure, competition, audit committee, audit firms providing managerial advisory services and size of audit fee.
Originality/value:-
The paper provides important insights into the factors affecting auditor independence and contributes towards better understanding on the ways to improve the confidence in financial reporting and credibility of the auditing profession.
Legal Ethics at the Initial Stage: A Model Curriculum
by Andrew Boon
This is a report for the Law Society of England and Wales on the importance of introducing ethics to undergraduate lawyers and the problems the Society may encounter in requiring universities to teach ethics.

