Journal of Catholic Legal Studies

On Lawyers and Moral Discernment

By: Robert E. Rodes, Jr.

Because of the important work that is entrusted to them, lawyers cannot rely on enacted measures devoid of moral content or on elegant syllogisms with debatable premises. If lawyers are to lead moral lives, they must exercise moral discernment in their professional lives. This paper, drawing on the works of David Hume, Adam Smith, and Jacques Maritain, provides a more in depth understanding of moral discernment as the idea that Right and Wrong are objective qualities that may be predicated of particular human acts, and the role that moral discernment should play in the professional lives of lawyers.