An Essay on Professional Ethics / Second Edition

Metadata

Gutenberg ID

22359

Title

An Essay on Professional Ethics / Second Edition

Language

en

Book source

Project Gutenberg

Description max 80 words

George Sharswood's second edition essay explores the dignity of the legal profession, arguing that law serves society by shaping legislation and jurisprudence. Written as a memento for law students, it balances professional duties with the cultivation of polite literature and moral integrity, warning against the decline of the trade into mere money-making.

Summary up to 500 words

In his seminal work, *An Essay on Professional Ethics*, George Sharswood presents a profound philosophical treatise on the nature of law, the ends of government, and the moral duties of the legal profession. Sharswood defines law not as an arbitrary exercise of will, but as a noble pursuit essential to societal perfection. He contrasts the ideal of the lawyer as a public servant with the historical decline of the profession into a sordid trade driven by greed and delay. True legal mastery, he argues, requires a methodical study of original authorities rather than a reliance on commentaries alone, urging students to master the works of luminaries like Coke to understand the underlying principles of the science. The essay posits that society exists to develop human potential and secure individual happiness, not for vain national glory. Consequently, legislation must aim at the general good and avoid 'class legislation' or arbitrary laws that favor particular groups. Sharswood asserts that there are no arbitrary laws that fulfill the true end of law; instead, legislation must be a deduction aimed at the common good. He warns that luxury born of sudden wealth or class legislation degrades character, whereas wealth accumulated slowly through industry does not. Sharswood also addresses the delicate issue of attorney compensation, tracing its evolution from honorary gratuities in ancient Rome to regulated fees in modern times. He distinguishes between honorable practice and the corrupting influence of champerty and contingent fees, noting that while the profession has fallen into a money-making trade in many places, the ideal remains one of public service. He distinguishes the roles of advocates and attorneys, noting historical restrictions on barristers suing for fees in England versus the more flexible practices in the United States. Throughout the text, Sharswood urges young attorneys to cultivate a taste for polite literature and languages to maintain mental vigor and moral character. He warns that exclusive focus on technical legal reading can cramp and dwarf the mind, disabling lawyers from taking enlarged views. By studying history, literature, and rhetoric, lawyers can avoid becoming mere technicians and remain great advocates. The essay serves as both a guide to the philosophy of government and a practical manual for maintaining ethical standards, ensuring the profession remains a sacred inheritance dedicated to justice rather than profit.

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Categories

• Legal Ethics