scholarly journals The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs

1995 ◽  
Vol 33 (4) ◽  
pp. 800 ◽  
Author(s):  
H. W. Arthurs
Keyword(s):  
Self Regulation ◽  
Vital Signs ◽  
Legal Profession ◽  
Professional Conduct ◽  
Professional Self ◽  
The Dead ◽  
Code Of Professional Conduct

Self-governance of the legal profession, and the promulgation and enforcement of a code of professional conduct are usually justified by arguments from principle, practicality and past practice. None of these can be sustained. However, if professional self-governance were replaced by governmental or judicial regulation, the operational norms of professional conduct

Trends in Ethical Sanctions within the Accounting Profession

2000 ◽  
Vol 14 (4) ◽  
pp. 427-439 ◽  
Author(s):  
Shane Moriarity
Keyword(s):  
Self Regulation ◽  
Professional Service ◽  
Professional Conduct ◽  
Accounting Profession ◽  
Before And After ◽  
Code Of Professional Conduct

This study examines the disciplinary sanctions imposed on AICPA members before and after the adoption of the Code of Professional Conduct in 1988. It reveals that the number of sanctions for substandard professional service has increased after the change. In addition, the profession has increased the use of education as a means of remediating deficiencies in professional service. An analysis of state-by-state sanctions suggests the profession has also achieved more uniform enforcement of the Code. Taken together, the findings support a conclusion that the 1988 changes have improved self-regulation in the accounting profession.

scholarly journals Striking a Regulatory Bargain. The Legal Profession, Associations and the State in South Africa

2019 ◽  
Vol 9 (3) ◽  
Author(s):  
Debby Bonnin
Keyword(s):  
South Africa ◽  
Self Regulation ◽  
Legal Profession ◽  
Professional Associations ◽  
The State ◽  
Legal Professionals ◽  
Professional Self

This article examines the regulation of the legal profession in South Africa from colonial times, through apartheid and into the post-apartheid period. It narrates the changing relationship between professional associations and the state, locating these events within the debates on professional self-regulation.  Taking the view that professional self-regulation is as a result of ‘an arrangement’ between professions and the state it explores the regulatory bargain struck between associations and the state.  The paper demonstrates that during the apartheid period the profession utilised apartheid legislation to exclude black legal professionals.  However, in the post-apartheid period, when the state proposed legislative interventions in order to enable access to both the profession and justice, a new regulatory bargain had to be negotiated.  

scholarly journals Codes of Professional Conduct and Ethics Education for Future Teachers

2020 ◽  
Vol 24 (4) ◽  
pp. 323-347
Author(s):  
Bruce Maxwell
Keyword(s):  
Ethics Education ◽  
Code Of Ethics ◽  
Self Regulation ◽  
Professional Status ◽  
Clear Understanding ◽  
Professional Conduct ◽  
Future Teachers ◽  
Research Findings ◽  
Professional Self ◽  
Local Code

This paper argues that the way future teachers are being initiated into the ethical dimensions of their future profession is largely out of step with the movement to professionalize teaching. After recalling the role that codes of professional conduct play in the ecology of professional self-regulation, and arguing that familiarizing students with their local code of ethics should be considered is the bare minimum of an adequate ethics education for professionals, the paper presents research findings indicating that education students are not leaving colleges and universities with a clear understanding of what is expected of them by society, their peers and the profession. The paper concludes with three suggestions about how to begin bringing ethics education for teachers more into line with teaching’s aspiration to professional status.

A structured policy review of the principles of professional self-regulation

2013 ◽  
Vol 60 (1) ◽  
pp. 13-22 ◽  
Author(s):  
D.C. Benton ◽  
M.A. González-Jurado ◽  
J.V. Beneit-Montesinos
Keyword(s):  
Self Regulation ◽  
Policy Review ◽  
Professional Self

The Boundaries of “Good Behavior” and Judicial Competence: Exploring Responsibilities and Authority Limitations of Cognitive Specialists in the Regulation of Incapacitated Judges

2018 ◽  
Vol 46 (2) ◽  
pp. 514-520
Author(s):  
Brandon Hamm ◽  
Bryn S. Esplin
Keyword(s):  
Cognitive Impairment ◽  
Conflicts Of Interest ◽  
Ethical Dilemmas ◽  
Medical Profession ◽  
Self Regulation ◽  
Legal Profession ◽  
Previous Literature ◽  
Severe Cognitive Impairment ◽  
Administration Of Justice

Both law and medicine rely on self-regulation and codes of professionalism to ensure duties are performed in a competent, ethical manner. Unlike physicians, however, judges are lawyers themselves, so judicial oversight is also self-regulation. As previous literature has highlighted, the hesitation to report a cognitively-compromised judge has resulted in an “opensecret” amongst lawyers who face numerous conflicts of interest.Through a case study involving a senior judge with severe cognitive impairment, this article considers the unique ethical dilemmas that cognitive specialists may encounter when navigating duties to patient, society, and the medical profession, without clear legal guidance.Systemic self-regulatory inadequacies in the legal profession are addressed, as well as challenges that arise when trying to preserve the trust and dignity of an incapacitated patient who must fulfill special duties to society.Ultimately, because of their unique neurological expertise and impartial assessments, we submit that allowing cognitive specialists to submit their assessments to an internal judiciary board may act as an additional check and balance to ensure the fair and competent administration of justice.

scholarly journals The Development of Self-Regulation in Four UK Professional Communities

2016 ◽  
Vol 6 (1) ◽  
Author(s):  
Stan Lester
Keyword(s):  
United Kingdom ◽  
Prior Experience ◽  
Self Regulation ◽  
Academic Discourse ◽  
Professional Communities ◽  
Professional Groups ◽  
The United Kingdom ◽  
Professional Self

Professional self-regulation is often conceptualised as involving the delegation of state powers to professional groups.  An examination of four groups in the United Kingdom provides examples of self-regulation that have developed, with one partial exception, without the support of any statutory framework. Some common aspects of self-regulation are identified along with some differences that relate to how the professions have evolved, and to their operating contexts. Significant influences include how the profession is situated among adjacent groups, the degree of demand from clients and employers for qualified practitioners, and potentially whether the occupation is suitable as an initial career or requires  a measure of maturity and prior experience. An argument is made for greater recognition, both through practical examples and in academic discourse of self-regulation that is initiated and furthered voluntarily through negotiation between professions, their members and their clients rather than via legislative powers. 

Social media and social change lawyering: influencing change and silencing dissent

2018 ◽  
Vol 169 (1) ◽  
pp. 65-73
Author(s):  
Naomi Sayers
Keyword(s):  
Social Media ◽  
Social Change ◽  
Legal System ◽  
Media Use ◽  
Legal Profession ◽  
Upper Canada ◽  
Professional Conduct ◽  
Positive Approach ◽  
Marginalized Communities ◽  
The Law

The Law Society of Ontario (formerly, the Law Society of Upper Canada) oversees the legal profession in Ontario, Canada, through The Rules of Professional Conduct (‘Rules’). All future lawyers and paralegals must adhere to the Rules. The Law Society sometimes provides guidance on sample policies informed by the Rules. In this article, the author closely examines the Law Society’s guidance on social media. The author argues that this guidance fails to understand how the Rules regulate experiences out of the legal profession and fails to see the positive possibilities of social media to influence social change, especially in ways that conflict with the colonial legal system. The author concludes that the Law Society must take a positive approach and provide some guidance for the legal profession on their social media use, especially around critiquing the colonial legal system. This positive approach is essential to avoid duplicating the systems and structures that perpetuate disadvantage in marginalized communities.

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