Prof. Compressed - ATP 105 CHAPTER 1 COUNCIL OF LEGAL...

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ATP 105 COUNCIL OF LEGAL EDUCATION KENYA SCHOOL OF LAW ________________________ THE ADVOCATES TRAINING PROGRAMME _______________________ PROFESSIONAL ETHICS _________________ ATP 108 _______________ 4 TH AUGUST 2012 CHAPTER 1 INTRODUCTION TO PROFESSIONAL ETHICS 1.1 PHILOSOPHY AND ETHICS Ethics, also known as moral philosophy is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice, etc. Etymologically, ethics is the philosophical study of moral values. The study involves systematizing, analyzing, evaluating, applying, defending and recommending concepts of right and wrong behavior. In general terms, morality has to do with the dos and don’ts as expecting of a rational human person. In modern times, Philosophers divide ethical theories into three general subject areas: meta-ethics, normative ethics, and applied ethics. 1.1.1 THE PROFESSION A profession is a vocation requiring advanced education and training. 1 It may also be defined as a learned activity that involves formal training, but within abroad intellectual context. 2 According to Boone (2001) 3 a Profession is based on, first, philosophy acquired through advanced training. Second, professionals render unique public services which require extensive training. Third, professional work needs thorough preparation because of its unique nature. Fourth, professions are based on specialized skill. 1 Bryan A Garner, Black’s Law Dictionary, (8th ed. 2004) at 1246. 2 Danniel Bell, The Coming of Post- Industrial Society (1973) at 374 as quoted by Ronald D. Rotunda and John S. Dzienkowski, ( ibid )note 1 3 Boone, T., 2001, ‘ Constructing a Profession’ Professionalization of Exercise Physiology online: An international electronic journal for exercise physiologists Mayende Nyongesa Page 1
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ATP 105 Fifth, professional services should be rendered for the benefit of the public. 1.1.2 CHARACTERISTICS OF A PROFESSION There are a number of corollaries that distinguish a profession from other occupations. Below follows a discussion of each of these corollaries. a) Restrictions Professions impose restrictions in two ways – in terms of entry requirements and in terms of operation of the profession. Entry Requirements Professions impose anti – competitive rules and barriers to entry in order to regulate the number of people joining the profession. Accordingly, a person can only become a member of the profession after having been certified by some established body of the profession. Professional Operation The profession usually control the conduct of its members in a number of aspects. The argument for this position is that “professions must maintain dignity, and that, advertising and price competition are not conducive for dignity.” 4 Again, professions prevent unnecessary competition among its members by ensuring that the number of people joining the profession is regulated by having strict entry requirements.
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