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The origin and evolution of juridical deontology


Author: Ciobanu Tatiana
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2009
Scientific adviser: Gheorghe Avornic
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 21 March, 2009
Approved by NCAA on the 23 April, 2009

Abstract

Adobe PDF document – 0.41 Mb / in romanian

Thesis

CZU 336.748.12(043.2)

Adobe PDF document 1.02 Mb / in romanian
176 pages

Keywords

ethic responsibility, juridical deontology, axiology, ethical deontologist, deontological constraints, deontological code, mechanism of regulation ethics, conscience lawyerlike, ethics supervision officer, moral sanctions, professional lawyer/practitioner, science methodology, professional standards, juridical culture, moral conscience, function, epistemic statute, morality, morals, ethics, integrity, professional prestige, ethical conduct

Summary

Being a constituent part of Law Doctrine, the present scientific research studies minutely the problems connected with evolution, framing of concept as well as definition of epistemic statute of juridical deontology.

Regarding the level of chosen field investigation, it is necessary to mention that there are diverse tangential and basic studies, but status of the science; study object, essence and peculiarity of deontological regulations have not been defined. For all that, being a new juridical field, rejected sometimes by lawyer-practitioners, juridical deontology has remained to be of current importance especially with the purpose to ensure the integrity of a professional lawyer. Likewise it continues to be the field that is going to change the attitude towards job attributes, one that cares for refining juridical culture and moral conscience of those who are involved in legal sphere. Hence there is one more motivation to explore the field of deontology knowledge to be able to define its role in forming a discrete aspect of Law Theory.

Analyzing the phenomenon under discussion, it was revealed that the study of juridical deontology and its links to other social life domains, notably: sociology, politics, psychology, economy, ecology, has become an important one both in theory and in practice.

The proposed objective has been achieved through defining juridical deontology as the system of knowledge of a lawyer’s professional duties, as well as the system of norms regulating a lawyer’s moral conduct; through the analysis of duty origin and evolution known as the primary value of professional deontology, through the comparative study of international and communitary regulations, through the selection of the principles that will be included in national stipulations. In order to make clear possible advantages of these regulations the mechanism of a lawyer’s behavior has been researched.

The present study should be regarded as contribution to understanding the concept of deontology, to the awareness of its role in forming the prestige of lawyer’s profession; the assessment of moral frame as basic one within practical activity.

The research has a conceptual fabric of a monographic study, including and combining theoretical and historical aspects of the juridical deontology phenomenon.

Taking into consideration international experience we believe that the undertaken study allows to build the best model of norms solving the moral problems that come out in legal practice.