法律职业伦理的再反思——从外在要求到行为哲学

A Retrospect on Legal Ethics——From Regulation to Philosophy of Action

法治秩序的构建,离不开法律伦理的培育。法律伦理乃规范法律专业行为的特殊规定。基于专业的原因,法律伦理的要求不同于大众伦理的要求。对法律伦理的背离缘自法律人对自身角色及其所在的法律职业共同体的不自信,这实际上是法治危机的表征。法律人由于追逐社会良心而游弋于法律之外,这种看似正义凛然实则粗糙的司法行动难以提升公众对司法的信心,也难以树立司法的威严。矢志于实现社会正义的法律人不仅要把法律伦理当成一种规定,更要把它当成身体力行的行为哲学,把它当成须竭力实现的信仰般的高尚追求。

The construction of rule of law and order can not succeed without cultivation of legal ethics.Legal ethics refers to special rules regulating legal profession conducts.Based on legal profession,the requirement of legal ethics is different from that of ethics of common people.Deviation from legal ethics comes from of lawyers＇ having no confidence in their roles and in the community of legal profession in which they involved,which is actually a sign of legal crisis.The lawyers dissociate themselves from laws because of pursuing civic conscience.This legal action which seems to be a matter of formidable justice but in fact is a coarse legal conduct can not promote the confidence that the public place in justice and establish legal justice.The lawyers who are dedicated to realizing social justice should not only take legal ethics as a rule,but also as a behavior philosophy to proceed with determination and as a noble goal of belief to pursue.