Prof. Andreas Funke (Friedrich-Alexander Universität Erlangen-Nürnberg) szemináriuma: "Legal professional ethics"

JTI Tárgyaló,

(MTA Humán Tudományok Kutatóháza, 1097 Budapest, Tóth Kálmán u. 4.)

2026. április 9. 14,00 óra

 

Workshop “Legal professional ethics”

A. Background

Legal professional ethics has played virtually no role in German legal education to date. Relevant aspects are only dealt with selectively and unsystematically in the so-called foundational subjects such as legal philosophy, legal sociology and legal history. In postgraduate training, the two-year legal clerkship, the professional law governing lawyers is also covered.

The topic receives the most attention when the behaviour of German lawyers during National Socialism is discussed. This issue has become increasingly important in recent years and has even been required by law since some time. However, there is a lack of systematic integration of this issue into the field of legal professional ethics. Furthermore, current challenges are not addressed. This is precisely where the decisive importance of legal professional ethics lies: social tensions and contradictions are putting increasing pressure on the structures of the democratic constitutional state. More than ever, it therefore seems important for lawyers to be aware of their personal role in the constitutional state and the professional responsibility that this entails.

B. Questions

The workshop could be structured around specific questions (in any order). Keynote speeches briefly presenting the situation in the respective country (Germany/Hungary) are conceivable.

I. Legal professional ethics as a field of teaching and research

What is the significance of legal professional ethics in university teaching and thus in the university education of law students?

What is the significance of legal professional ethics in the post-university practical training of lawyers (including part-time courses)?

What is the significance of legal professional ethics as a field of academic research? Are there textbooks, journals, professional associations, regular conferences, etc.?

II. The personal scope of legal professional ethics

Does legal professional ethics focus on the role of advocates, as in the Anglo-American world, or does it also include other legal professions (judges, administrative officials, legal scholars, lawyers in the business sector)?

III. The material scope of legal professional ethics

Is legal professional ethics – as is probably the case in the Anglo-American sphere – understood as part of applied ethics (i.e. practical philosophy), or does it also include the relevant legal regulations (professional law), such as laws governing the activities of advocates or even civil service law?

IV. The methods of legal professional ethics

What role does a social science perspective and reflection on legal professional roles, particularly in accordance with professional sociology, play in legal professional ethics – alongside ethics and possibly law (see III)?

C. Outlook

As is typical for workshops, there will be no specific outcome at the end. The focus is on the insights that will hopefully be gained through comparative analysis. Nevertheless, it is conceivable that at the outset, a need for possible action will be identified and future developments will be considered.