Is it true that Law and ethics are always aligned.?

It is possible for something to be morally justifiable but not legal, or for something to be unethical but not regulated or prohibited.

Advocacy, Skills, and Negotiation Cheat Sheet

Advocacy involves public support for a cause, rooted in the Latin 'advocare' meaning 'to call out for support,' while negotiation is an interpersonal decision-making process for resolving differences and reaching agreements when objectives cannot be met alone.

Core Principles

Advocacy's origins trace back to ancient Rome and Greece, where orators pleaded causes.
Negotiation styles include Cooperative/Problem-solving (moving toward opponents, relying on objective standards) and Competitive/Adversarial (moving against opponents, focusing on own positions, using threats).
Ethical questions cannot always be answered by law or policy; exploring ethical principles is necessary for determining right action.
Theoretical approaches to ethical discourse include Consequentialism (focus on outcomes), Deontology (focus on duties), Virtue Ethics (focus on moral character), and the Four Principles Approach (autonomy, non-maleficence, beneficence, justice).

Action Steps

1. Understand the core meaning of advocacy: 'to call out for support.'
2. Differentiate between Cooperative and Competitive negotiation styles to choose the appropriate approach.
3. When facing an ethical dilemma, explore ethical principles rather than solely relying on law or policy.
4. Consider the four central moral principles (autonomy, non-maleficence, beneficence, justice) when evaluating ethical actions.

Key Terms

Advocacy: Public support for or recommendation of a particular cause or policy, originating from the Latin 'advocare' meaning 'to call out for support.'
Negotiation: Formal or informal discussions between two or more parties aimed at resolving differences, aligning interests, and reaching a mutually acceptable agreement.
Fiduciary Duty: Duties requiring extreme care and acting in the best interest of another, particularly relevant in lawyer-client relationships.
Consequentialism: An ethical approach where the moral rightness of an action is determined by its consequences.
Deontology: An ethical approach, often called duty-based ethics, where moral rightness is determined by adherence to moral duties, not consequences.
Virtue Ethics: An ethical approach focusing on the moral character of the person performing the act and whether they act in a 'virtuous' way.
Four Principles Approach: An ethical framework identifying four central moral principles: autonomy, non-maleficence, beneficence, and justice.

Pro Tips

A lawyer's fiduciary duty to a client requires extreme care and acting in their best interest, with breaches attracting legal consequences.
Fair play in negotiation means both sides acting with honesty, respect, and transparency.
Ethical reasoning can guide law-making, but it's simplistic to assume ethics always forms its foundation.

Pitfalls to Avoid

Misunderstanding advocacy's historical roots can lead to a narrow view of its application.
Relying solely on law or policy to answer ethical questions can lead to incorrect or unjust conclusions.
Assuming that unethical actions should automatically be regulated or prohibited overlooks the nuance between morality and legality.

Myth vs Reality

Law and ethics are always aligned.: It is possible for something to be morally justifiable but not legal, or for something to be unethical but not regulated or prohibited.

Real World Examples

A lawyer representing a client.: The lawyer must uphold fiduciary duty, acting with impartiality, honesty, and unquestionable integrity, while keeping client affairs private.
Discussions between parties with differing interests.: Parties engage in negotiation, choosing between cooperative (problem-solving) or competitive (adversarial) styles to reach an agreement.

People

Cicero: Greatest Roman lawyer and advocate.
Caesar: Greatest Roman lawyer and advocate.
Prof. Georgii Sibirtsev: Lecturer for LAW328.