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Ethiopian legal ethics short notes
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, Chapter One
Introduction to Legal Profession and Ethics
What is ethics?
Like logic, metaphysics, etc, is one branch of philosophy.
The study of the general nature of morals and of the specific moral choices to be made by
individuals in his the relationship with others.
It is the philosophical study of morality. It is also called moral philosophy.
What are the branches of ethics?
As a field of philosophical inquiry ethics has three branches:
A. Metaethics
is an analytical enterprise which involves trying to discern what moral terms (e.g. ‘good,
’right’) are generally understood to mean, how justification proceeds in moral discourses
and what we are doing when we share moral judgments with others.
“It is the attempt to understand the metaphysical, epistemological, semantic, and
psychological, presuppositions and commitments of moral thought, talk, and practice”
However, it does not actually involve making moral judgments. Rather it involves
attempting to discern precisely what is going on when moral judgments are made and uttered
and what conceptual justification in moral discourse involves.
B. Theoretical normative ethics
Involves making moral judgments at most general levels because the task of theoretical
normative ethics is to develop general moral theories.
It further classified into three;
i. Moral axiology,
Includes theory of good and evil, and tries to answer the question “what is good?” For
example, John Stuart Mill says good is happiness.
ii. Virtue ethics
Includes theories of what is counted as moral excellence in character.
It tries to answer a question like “what kind of characteristics should we foster in our
children?”
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, iii. Theory of moral obligation
Includes theories regarding what kind of action and practices are morally permissible and
impermissible and what is morally required of all moral agents. e.g. Utilitarianism.
C. Applied ethics
Has the task of resolving specific moral issues and morally problematic and concrete cases
which arise in different areas of life.
It borrows insights from metaethics and theoretical normative ethics but the concentration in
applied ethics is on finding acceptable resolutions for moral problems of present and
practical urgency.
Professional ethics is one area of applied ethics. Thus, legal ethics is one of the sub-
branches of applied ethics.
What is profession?
Defining profession and professionals is difficult, however, there is a common
understanding that a profession is a vocation requiring advanced education and training.
Professional is a person who belongs to a learned profession or whose occupation requires
high level of training and proficiency.
Thus it can be understood from the requirements of an occupation to be a profession.
Q. If so, what are the major requirements say certain fields of work is profession?
They are extensive, training significant intellectual component in the training and community
services
a. Extensive training
It takes a long period and the training must be in a particular field. Thus, a person must
have at least diploma to practice law before Ethiopian Federal Courts according to
Proclamation No. 199/2000. Thus, university or college studies are extensive training.
b. Intellectual Component
The extensive training must involve significant intellectual component. It must enrich
mental faculties of the trainee.
It also requires caliber to undergo such training. e.g. teachers, accountants, and lawyers
involves intellectual component.
c. Community Service
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, Persons who have undergone through extensive training involving intellectual component
provide services to the organized functioning of society.
d. Other Requirements
They are common features to most profession but these features are not necessary for an
occupation to be a profession.
They include process of certification or licensing, organization of members and autonomy
of the professional in his or her work.
What is profession and professional under Ethiopian law?
Art. 41 of the Constitution guarantees every Ethiopian the right to choose his/her profession.
Art. 2031 of the Civil Code provides for professional fault.
Art. 5 of the Commercial Code refers to activities that are “professionally” carried out
Art. 69 of the Criminal Code provides that acts done in the exercise of professional duty is
not liable to punishment.
What is professional ethics?
It is “the rule or standard governing the conduct of members of a profession”
It is ethics in the form of formally framed rules governing professional conduct or conduct
of particular class of people.
Unlike ethics which applies to everyone, professional ethics applies to only members of the
profession. Violation of professional ethics results in disciplinary measures.
What is Legal Ethics?
It is “the standard of minimally acceptable conduct within the legal profession, involving
the duties that its members owe one another, their client and the court”
What is the purposes of legal ethics?
To maintain the honor and dignity of the law profession. Since the loss of honor and
dignity of profession of law results in disrespect for court and law. People lose confidence in
courts.
To secure the spirit of friendly cooperation between the bench (judge) and the bar
(advocate) in promotion of high standard of justice,
to establish honorable and fair dealings of the counsel with his client opponent and
witness to establish a spirit of brotherhood in the bar itself and
to secure that lawyers discharge their responsibilities to the community generally
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Ethiopian legal ethics short notes
Page | 1
, Chapter One
Introduction to Legal Profession and Ethics
What is ethics?
Like logic, metaphysics, etc, is one branch of philosophy.
The study of the general nature of morals and of the specific moral choices to be made by
individuals in his the relationship with others.
It is the philosophical study of morality. It is also called moral philosophy.
What are the branches of ethics?
As a field of philosophical inquiry ethics has three branches:
A. Metaethics
is an analytical enterprise which involves trying to discern what moral terms (e.g. ‘good,
’right’) are generally understood to mean, how justification proceeds in moral discourses
and what we are doing when we share moral judgments with others.
“It is the attempt to understand the metaphysical, epistemological, semantic, and
psychological, presuppositions and commitments of moral thought, talk, and practice”
However, it does not actually involve making moral judgments. Rather it involves
attempting to discern precisely what is going on when moral judgments are made and uttered
and what conceptual justification in moral discourse involves.
B. Theoretical normative ethics
Involves making moral judgments at most general levels because the task of theoretical
normative ethics is to develop general moral theories.
It further classified into three;
i. Moral axiology,
Includes theory of good and evil, and tries to answer the question “what is good?” For
example, John Stuart Mill says good is happiness.
ii. Virtue ethics
Includes theories of what is counted as moral excellence in character.
It tries to answer a question like “what kind of characteristics should we foster in our
children?”
Page | 2
, iii. Theory of moral obligation
Includes theories regarding what kind of action and practices are morally permissible and
impermissible and what is morally required of all moral agents. e.g. Utilitarianism.
C. Applied ethics
Has the task of resolving specific moral issues and morally problematic and concrete cases
which arise in different areas of life.
It borrows insights from metaethics and theoretical normative ethics but the concentration in
applied ethics is on finding acceptable resolutions for moral problems of present and
practical urgency.
Professional ethics is one area of applied ethics. Thus, legal ethics is one of the sub-
branches of applied ethics.
What is profession?
Defining profession and professionals is difficult, however, there is a common
understanding that a profession is a vocation requiring advanced education and training.
Professional is a person who belongs to a learned profession or whose occupation requires
high level of training and proficiency.
Thus it can be understood from the requirements of an occupation to be a profession.
Q. If so, what are the major requirements say certain fields of work is profession?
They are extensive, training significant intellectual component in the training and community
services
a. Extensive training
It takes a long period and the training must be in a particular field. Thus, a person must
have at least diploma to practice law before Ethiopian Federal Courts according to
Proclamation No. 199/2000. Thus, university or college studies are extensive training.
b. Intellectual Component
The extensive training must involve significant intellectual component. It must enrich
mental faculties of the trainee.
It also requires caliber to undergo such training. e.g. teachers, accountants, and lawyers
involves intellectual component.
c. Community Service
Page | 3
, Persons who have undergone through extensive training involving intellectual component
provide services to the organized functioning of society.
d. Other Requirements
They are common features to most profession but these features are not necessary for an
occupation to be a profession.
They include process of certification or licensing, organization of members and autonomy
of the professional in his or her work.
What is profession and professional under Ethiopian law?
Art. 41 of the Constitution guarantees every Ethiopian the right to choose his/her profession.
Art. 2031 of the Civil Code provides for professional fault.
Art. 5 of the Commercial Code refers to activities that are “professionally” carried out
Art. 69 of the Criminal Code provides that acts done in the exercise of professional duty is
not liable to punishment.
What is professional ethics?
It is “the rule or standard governing the conduct of members of a profession”
It is ethics in the form of formally framed rules governing professional conduct or conduct
of particular class of people.
Unlike ethics which applies to everyone, professional ethics applies to only members of the
profession. Violation of professional ethics results in disciplinary measures.
What is Legal Ethics?
It is “the standard of minimally acceptable conduct within the legal profession, involving
the duties that its members owe one another, their client and the court”
What is the purposes of legal ethics?
To maintain the honor and dignity of the law profession. Since the loss of honor and
dignity of profession of law results in disrespect for court and law. People lose confidence in
courts.
To secure the spirit of friendly cooperation between the bench (judge) and the bar
(advocate) in promotion of high standard of justice,
to establish honorable and fair dealings of the counsel with his client opponent and
witness to establish a spirit of brotherhood in the bar itself and
to secure that lawyers discharge their responsibilities to the community generally
Page | 4
