St. John's Law Review

Lessons From Thomas More’s Dilemma of Conscience: Reconciling The Clash Between a Lawyer’s Beliefs and Professional Expectations

By:  Blake D. Morant

The story of Sir Thomas More, the former Lord Chancellor of England who refused to endorse King Henry VIII’s ecclesiastical proclamations, has become legendary fodder for historians and playwrights.  The resulting plethora of literature is no doubt due to More’s extraordinary adherence to the theological principles that fueled his refusal to capitulate to power—a stance which ultimately led to his demise by decapitation.

Thomas More’s legacy takes center stage each summer at St. Dunstan’s Church, Canterbury, England, where the martyr’s head is buried.  This historical and physical connection to More has inspired St. Dunstan’s to sponsor an annual lecture devoted to More’s teachings, philosophies, and life.

The gracious invitation to deliver the 2003 St. Thomas More memorial lecture at St. Dunstan’s Church compelled me to study More’s life with particular emphasis on the impact of his moral convictions on his professional decision-making.  My research revealed the degree to which his historic confrontations with Henry VIII and Thomas Cromwell have continuing relevance to legal scholars and practitioners.  This legacy, and the honor to deliver the St. Thomas More lecture, inspired this admittedly modest Article.

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Part I of this Article commences with a jurisprudential analysis of the competing value systems that led to Thomas More’s confrontation with Henry VIII and Thomas Cromwell. More’s strictly held belief in theological dogma suggests that he was a natural law thinker.  These beliefs, which are closely linked to the concept of a deity, together with his keen understanding of theological rules and his adroit lawyering skills, made fulfillment of Henry VIII’s and Cromwell’s expectations virtually impossible.  Part I also describes Henry VIII’s Acts of Supremacy and Succession as positive laws, and Cromwell’s pragmatic, contextual attempt to persuade More to endorse the King’s Acts.  The variant features of these competing beliefs explain, to some extent, More’s historic clash of personally held beliefs and professional expectations.  To demonstrate the modern day prevalence of conflicting beliefs, Part II of the Article presents a personal narrative from my career as a practicing lawyer.  That experience, though admittedly not universal, demonstrates the contemporary reality of the conflict between personally held beliefs and professional expectations.  Part II then employs cognitive dissonance theory to explain the decision-making influenced by conflicting beliefs.  This analysis confirms that individuals attempt to reduce the dissonance associated with contradictory beliefs through various contextual remedies, including compromise.  The Article ultimately concludes that the search for truly effective dissonance-reduction remedies commences with a more complete understanding of what leads to a clash of beliefs, and the thought processes required to resolve this clash.

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