The practice of law as a vocation or calling

Fordham Law Review

Volumn 66, Issue 4, 1998, Pages 1405-1423

  Floyd, Timothy W ^a  

^a TEXAS TECH UNIVERSITY   (United States)

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EID: 0032365801     PISSN: 0015704X     EISSN: None     Source Type: Journal    
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References (85)

1. Genesis 12:1-5. All references to the Bible in this article are to the New American Bible (1987).
2. Exodus 3:1 to 4:17.
3. Isaiah 6:1-13.
4. Acts 9:1-19.
5. For what are probably historical reasons, Catholics tend to use the Latin-derived "vocation"; Protestants tend to favor the Germanic/English "calling." I think the two are entirely synonymous, and I will use the two interchangeably.
6. Despite the roots of the notion of "calling" in the Hebrew Bible, I cannot speak to the salience of the concept of calling in Judaism. Several Jewish friends have told me that calling is not a prominent concept in modern Judaism.
7. It may be problematic for modern minds to take literally these "call" experiences. For those who believe in an abstract and impersonal God, "calling" probably does not make much sense. It makes more sense to think of a personal God, like the God of the Bible, "calling" to persons than it is for an impersonal or abstract God to do so. I would note that one of the greatest of all modern minds, the great mathematician and philosopher Biaise Pascal, in recording a conversion experience, viewed his God as the: God of Abraham, God of Isaac, God of Jacob. Not of the philosophers and the scholars. Blaise Pascal, Pensées: Thoughts on Religion and Other Subjects 285 (William Finlayson Trotte trans., Washington Square Press 1965) (1670).
8. See Frederick Buechner, Listening to Your Life: Daily Meditations with Frederick Buechner (1992).
9. Id. at 323.
10. Id. at 322.
11. See Genesis 32:23-31.
12. Joseph G. Allegretti, The Lawyer's Calling: Christian Faith and Legal Practice 29 (1996).
13. Max Weber, The Protestant Ethic and The Spirit of Capitalism (Talcott Parsons trans., Charles Scribner's Sons 1958) (1920).
14. See id. at 87-89.
15. Dante Alighieri, The Divine Comedy (John Ciardi trans., The Franklin Library 1977) (1472).
16. John Milton, Paradise Lost (Christopher Ricks ed., Penguin Books 1968) (1667).
17. See Gilbert Meilander, Professing business: John Paul meets John Wesley, 113 The Christian Century 1200, 1200 (1996) (reviewing Michael Novak, Business as a Calling: Work and the Examined Life (1996)). It is perhaps no coincidence that Milton served in the Council of State of Oliver Cromwell's Puritan Commonwealth. See 24 The New Encyclopedia Brittanica 140 (15th ed. 1994).
18. See Gilbert Meilander, Professing business: John Paul meets John Wesley, 113 The Christian Century 1200, 1200 (1996) (reviewing Michael Novak, Business as a Calling: Work and the Examined Life (1996)). It is perhaps no coincidence that Milton served in the Council of State of Oliver Cromwell's Puritan Commonwealth. See 24 The New Encyclopedia Brittanica 140 (15th ed. 1994).
19. See Gilbert Meilander, Professing business: John Paul meets John Wesley, 113 The Christian Century 1200, 1200 (1996) (reviewing Michael Novak, Business as a Calling: Work and the Examined Life (1996)). It is perhaps no coincidence that Milton served in the Council of State of Oliver Cromwell's Puritan Commonwealth. See 24 The New Encyclopedia Brittanica 140 (15th ed. 1994).
20. Allegretti cites Pope John Paul, Laborem Exercens, reprinted in Proclaiming Justice & Peace: Documents From John XXIII-John Paul II, at 271 (Michael Walsh & Brian Davies, eds., 1984), which speaks of our everyday work as a sharing in the creative work of God. Allegretti, supra note 12, at 28-29.
21. See generally William Droel, The Spirituality of Work (continuing series of pamphlets).
22. The connections between faith and daily work have been receiving much more attention in recent years. The Alban Institute, for example, has published resources on the subject, including two anthologies, The Calling of the Laity: Verna Dozier's Anthology (Verna Dozier ed., 1988), and Faith Goes to Work: Reflections from the Marketplace (Robert Banks ed., 1993).
23. The connections between faith and daily work have been receiving much more attention in recent years. The Alban Institute, for example, has published resources on the subject, including two anthologies, The Calling of the Laity: Verna Dozier's Anthology (Verna Dozier ed., 1988), and Faith Goes to Work: Reflections from the Marketplace (Robert Banks ed., 1993).
24. Michael Novak, Business as a Calling: Work and the Examined Life (1996).
25. Id. passim. Although I think Novak is far too sanguine about the creative and spiritual possibilities inherent in capitalism, this book is nonetheless a salutary effort at discerning God at work in an arena that liberals like me tend to assume is entirely Godless.
26. Exodus 20:3.
27. Thomas L. Shaffer, Maybe a Lawyer Can be a Servant; If Not . . ., 27 Tex. Tech L. Rev. 1345, 1345 (1996).
28. Kazuo Ishiguro, The Remains of the Day (1988).
29. See, e.g., Rob Atkinson, How the Butler Was Made To Do It: The Perverted Professionalism of The Remains of the Day, 105 Yale L. J. 177, 180-81 (1995); David Luban, Stevens's Professionalism and Ours, 38 Wm. & Mary L. Rev. 297, 298 (1996).
30. See, e.g., Rob Atkinson, How the Butler Was Made To Do It: The Perverted Professionalism of The Remains of the Day, 105 Yale L. J. 177, 180-81 (1995); David Luban, Stevens's Professionalism and Ours, 38 Wm. & Mary L. Rev. 297, 298 (1996).
31. To paraphrase a country song performed by Clay Walker, we are called to serve God and neighbor "only on days that end in 'Y'."
32. John Cromartie has described how he left "ministry" in his work as a lawyer for the poor to go into ministry within a local church. He insists that each work was equally a ministry. John L. Cromartie, Jr., Reflections on Vocation, Calling, Spirituality and Justice, 27 Tex. Tech L. Rev. 1061 (1996).
33. Thomas E. Baker & Timothy W. Floyd, A Symposium Précis, 27 Tex. Tech L. Rev. 911 (1996).
34. The authors were asked to address how they have reconciled the practice of law with their faith. They were encouraged to write personal essays, to engage in story-telling, in the hope that they would inform and perhaps inspire others. We asked prospective authors to answer such questions as: "What do your religious beliefs teach you about how you should perform your life's work?" "Comparing your faith life and your professional life, would you describe them as being in harmony or in conflict?" "How has your faith contributed positively to your career, at times of crisis and success?" "What advice do you have for someone else attempting to rhyme a legal career with his or her religious beliefs?" Id. The forty-four authors were a remarkably diverse group in terms of their practice. We had lawyers from all sorts of practice specialties, small firm and big firm, prosecution and criminal defense, legal services, judges, legislators, lobbyists, and several attorneys who were no longer practicing. The authors also came from a broad spectrum of religious traditions. Although a sizable majority were Christian, the roster of authors included persons from the faiths of Judaism, Islam, Buddhism, Hinduism, and the Baha'ai faith. The Christian authors included many different churches and denominations.
35. See Charles R. DiSalvo & William L. Droel, Reflections on the Contents of the Lawyer's Work: Three Models of Spirituality - and Our Struggle With Them, 27 Tex. Tech L. Rev. 1069, 1073 (1996).
36. There are many examples: Alan Perry emphasized the importance of forgiveness in the practice of law. He finds the ability to forgive grows out of a living faith in a God who forgives. Alan W. Perry, Javert or Bebb, 27 Tex. Tech L. Rev. 1271, 1283-84 (1996). Dan Edwards credits faith with helping him love unlovable clients. Dan Edwards, Reflections on Three Stories: "Practicing" Law and Christianity at the Same Time, 27 Tex. Tech L. Rev. 1105, 1115 (1996). Monroe Freedman's faith teaches the sanctity and the dignity of the individual, and provides the basis for a commitment to zealous advocacy on their behalf. Monroe H. Freedman, Legal Ethics from a Jewish Perspective, 27 Tex. Tech L. Rev. 1131, 1132 (1996). Azizah al-Hibri's faith taught her the values of hard work and fairness. Azizah al-Hibri, On Being a Muslim Corporate Lawyer, 27 Tex. Tech L. Rev. 947, 952 (1996). Tom Porter learns from his institutional clients and hopes they learn from him "giving and receiving grace." Thomas W. Porter, Jr., Engaging the Law, 27 Tex. Tech L. Rev. 1285, 1290 (1996). Joe Allegretti and Nancy Miller-Herron emphasize that faith puts law practice in perspective and in balance with the rest of their lives. Joseph G. Allegretti, Neither Curse nor Idol: Towards a Spirituality of Work for Lawyers, 27 Tex. Tech L. Rev. 963, 964-65 (1996); Nancy Miller-Herron, On Maintaining Spiritual Sanity in a Secular Vocation, 27 Tex. Tech L. Rev. 1221, 1222 (1996). Tom Shaffer emphasizes the importance of faith communities in providing resources for deliberation. Shaffer, supra note 24, at 1352-54. Joanne Gross realized that her faith provides a lens through which to see God at work in seemingly secular events like trials. Joanne Gross, The Deliberations of Mortals and the Grace of God, 27 Tex. Tech L. Rev. 1159 (1996). These few examples do not do justice to the individuals I have cited; even less do they give a feel for the richness of stories and insights contained in this volume.
37. There are many examples: Alan Perry emphasized the importance of forgiveness in the practice of law. He finds the ability to forgive grows out of a living faith in a God who forgives. Alan W. Perry, Javert or Bebb, 27 Tex. Tech L. Rev. 1271, 1283-84 (1996). Dan Edwards credits faith with helping him love unlovable clients. Dan Edwards, Reflections on Three Stories: "Practicing" Law and Christianity at the Same Time, 27 Tex. Tech L. Rev. 1105, 1115 (1996). Monroe Freedman's faith teaches the sanctity and the dignity of the individual, and provides the basis for a commitment to zealous advocacy on their behalf. Monroe H. Freedman, Legal Ethics from a Jewish Perspective, 27 Tex. Tech L. Rev. 1131, 1132 (1996). Azizah al-Hibri's faith taught her the values of hard work and fairness. Azizah al-Hibri, On Being a Muslim Corporate Lawyer, 27 Tex. Tech L. Rev. 947, 952 (1996). Tom Porter learns from his institutional clients and hopes they learn from him "giving and receiving grace." Thomas W. Porter, Jr., Engaging the Law, 27 Tex. Tech L. Rev. 1285, 1290 (1996). Joe Allegretti and Nancy Miller-Herron emphasize that faith puts law practice in perspective and in balance with the rest of their lives. Joseph G. Allegretti, Neither Curse nor Idol: Towards a Spirituality of Work for Lawyers, 27 Tex. Tech L. Rev. 963, 964-65 (1996); Nancy Miller-Herron, On Maintaining Spiritual Sanity in a Secular Vocation, 27 Tex. Tech L. Rev. 1221, 1222 (1996). Tom Shaffer emphasizes the importance of faith communities in providing resources for deliberation. Shaffer, supra note 24, at 1352-54. Joanne Gross realized that her faith provides a lens through which to see God at work in seemingly secular events like trials. Joanne Gross, The Deliberations of Mortals and the Grace of God, 27 Tex. Tech L. Rev. 1159 (1996). These few examples do not do justice to the individuals I have cited; even less do they give a feel for the richness of stories and insights contained in this volume.
38. There are many examples: Alan Perry emphasized the importance of forgiveness in the practice of law. He finds the ability to forgive grows out of a living faith in a God who forgives. Alan W. Perry, Javert or Bebb, 27 Tex. Tech L. Rev. 1271, 1283-84 (1996). Dan Edwards credits faith with helping him love unlovable clients. Dan Edwards, Reflections on Three Stories: "Practicing" Law and Christianity at the Same Time, 27 Tex. Tech L. Rev. 1105, 1115 (1996). Monroe Freedman's faith teaches the sanctity and the dignity of the individual, and provides the basis for a commitment to zealous advocacy on their behalf. Monroe H. Freedman, Legal Ethics from a Jewish Perspective, 27 Tex. Tech L. Rev. 1131, 1132 (1996). Azizah al-Hibri's faith taught her the values of hard work and fairness. Azizah al-Hibri, On Being a Muslim Corporate Lawyer, 27 Tex. Tech L. Rev. 947, 952 (1996). Tom Porter learns from his institutional clients and hopes they learn from him "giving and receiving grace." Thomas W. Porter, Jr., Engaging the Law, 27 Tex. Tech L. Rev. 1285, 1290 (1996). Joe Allegretti and Nancy Miller-Herron emphasize that faith puts law practice in perspective and in balance with the rest of their lives. Joseph G. Allegretti, Neither Curse nor Idol: Towards a Spirituality of Work for Lawyers, 27 Tex. Tech L. Rev. 963, 964-65 (1996); Nancy Miller-Herron, On Maintaining Spiritual Sanity in a Secular Vocation, 27 Tex. Tech L. Rev. 1221, 1222 (1996). Tom Shaffer emphasizes the importance of faith communities in providing resources for deliberation. Shaffer, supra note 24, at 1352-54. Joanne Gross realized that her faith provides a lens through which to see God at work in seemingly secular events like trials. Joanne Gross, The Deliberations of Mortals and the Grace of God, 27 Tex. Tech L. Rev. 1159 (1996). These few examples do not do justice to the individuals I have cited; even less do they give a feel for the richness of stories and insights contained in this volume.
39. There are many examples: Alan Perry emphasized the importance of forgiveness in the practice of law. He finds the ability to forgive grows out of a living faith in a God who forgives. Alan W. Perry, Javert or Bebb, 27 Tex. Tech L. Rev. 1271, 1283-84 (1996). Dan Edwards credits faith with helping him love unlovable clients. Dan Edwards, Reflections on Three Stories: "Practicing" Law and Christianity at the Same Time, 27 Tex. Tech L. Rev. 1105, 1115 (1996). Monroe Freedman's faith teaches the sanctity and the dignity of the individual, and provides the basis for a commitment to zealous advocacy on their behalf. Monroe H. Freedman, Legal Ethics from a Jewish Perspective, 27 Tex. Tech L. Rev. 1131, 1132 (1996). Azizah al-Hibri's faith taught her the values of hard work and fairness. Azizah al-Hibri, On Being a Muslim Corporate Lawyer, 27 Tex. Tech L. Rev. 947, 952 (1996). Tom Porter learns from his institutional clients and hopes they learn from him "giving and receiving grace." Thomas W. Porter, Jr., Engaging the Law, 27 Tex. Tech L. Rev. 1285, 1290 (1996). Joe Allegretti and Nancy Miller-Herron emphasize that faith puts law practice in perspective and in balance with the rest of their lives. Joseph G. Allegretti, Neither Curse nor Idol: Towards a Spirituality of Work for Lawyers, 27 Tex. Tech L. Rev. 963, 964-65 (1996); Nancy Miller-Herron, On Maintaining Spiritual Sanity in a Secular Vocation, 27 Tex. Tech L. Rev. 1221, 1222 (1996). Tom Shaffer emphasizes the importance of faith communities in providing resources for deliberation. Shaffer, supra note 24, at 1352-54. Joanne Gross realized that her faith provides a lens through which to see God at work in seemingly secular events like trials. Joanne Gross, The Deliberations of Mortals and the Grace of God, 27 Tex. Tech L. Rev. 1159 (1996). These few examples do not do justice to the individuals I have cited; even less do they give a feel for the richness of stories and insights contained in this volume.
40. There are many examples: Alan Perry emphasized the importance of forgiveness in the practice of law. He finds the ability to forgive grows out of a living faith in a God who forgives. Alan W. Perry, Javert or Bebb, 27 Tex. Tech L. Rev. 1271, 1283-84 (1996). Dan Edwards credits faith with helping him love unlovable clients. Dan Edwards, Reflections on Three Stories: "Practicing" Law and Christianity at the Same Time, 27 Tex. Tech L. Rev. 1105, 1115 (1996). Monroe Freedman's faith teaches the sanctity and the dignity of the individual, and provides the basis for a commitment to zealous advocacy on their behalf. Monroe H. Freedman, Legal Ethics from a Jewish Perspective, 27 Tex. Tech L. Rev. 1131, 1132 (1996). Azizah al-Hibri's faith taught her the values of hard work and fairness. Azizah al-Hibri, On Being a Muslim Corporate Lawyer, 27 Tex. Tech L. Rev. 947, 952 (1996). Tom Porter learns from his institutional clients and hopes they learn from him "giving and receiving grace." Thomas W. Porter, Jr., Engaging the Law, 27 Tex. Tech L. Rev. 1285, 1290 (1996). Joe Allegretti and Nancy Miller-Herron emphasize that faith puts law practice in perspective and in balance with the rest of their lives. Joseph G. Allegretti, Neither Curse nor Idol: Towards a Spirituality of Work for Lawyers, 27 Tex. Tech L. Rev. 963, 964-65 (1996); Nancy Miller-Herron, On Maintaining Spiritual Sanity in a Secular Vocation, 27 Tex. Tech L. Rev. 1221, 1222 (1996). Tom Shaffer emphasizes the importance of faith communities in providing resources for deliberation. Shaffer, supra note 24, at 1352-54. Joanne Gross realized that her faith provides a lens through which to see God at work in seemingly secular events like trials. Joanne Gross, The Deliberations of Mortals and the Grace of God, 27 Tex. Tech L. Rev. 1159 (1996). These few examples do not do justice to the individuals I have cited; even less do they give a feel for the richness of stories and insights contained in this volume.
41. There are many examples: Alan Perry emphasized the importance of forgiveness in the practice of law. He finds the ability to forgive grows out of a living faith in a God who forgives. Alan W. Perry, Javert or Bebb, 27 Tex. Tech L. Rev. 1271, 1283-84 (1996). Dan Edwards credits faith with helping him love unlovable clients. Dan Edwards, Reflections on Three Stories: "Practicing" Law and Christianity at the Same Time, 27 Tex. Tech L. Rev. 1105, 1115 (1996). Monroe Freedman's faith teaches the sanctity and the dignity of the individual, and provides the basis for a commitment to zealous advocacy on their behalf. Monroe H. Freedman, Legal Ethics from a Jewish Perspective, 27 Tex. Tech L. Rev. 1131, 1132 (1996). Azizah al-Hibri's faith taught her the values of hard work and fairness. Azizah al-Hibri, On Being a Muslim Corporate Lawyer, 27 Tex. Tech L. Rev. 947, 952 (1996). Tom Porter learns from his institutional clients and hopes they learn from him "giving and receiving grace." Thomas W. Porter, Jr., Engaging the Law, 27 Tex. Tech L. Rev. 1285, 1290 (1996). Joe Allegretti and Nancy Miller-Herron emphasize that faith puts law practice in perspective and in balance with the rest of their lives. Joseph G. Allegretti, Neither Curse nor Idol: Towards a Spirituality of Work for Lawyers, 27 Tex. Tech L. Rev. 963, 964-65 (1996); Nancy Miller-Herron, On Maintaining Spiritual Sanity in a Secular Vocation, 27 Tex. Tech L. Rev. 1221, 1222 (1996). Tom Shaffer emphasizes the importance of faith communities in providing resources for deliberation. Shaffer, supra note 24, at 1352-54. Joanne Gross realized that her faith provides a lens through which to see God at work in seemingly secular events like trials. Joanne Gross, The Deliberations of Mortals and the Grace of God, 27 Tex. Tech L. Rev. 1159 (1996). These few examples do not do justice to the individuals I have cited; even less do they give a feel for the richness of stories and insights contained in this volume.
42. There are many examples: Alan Perry emphasized the importance of forgiveness in the practice of law. He finds the ability to forgive grows out of a living faith in a God who forgives. Alan W. Perry, Javert or Bebb, 27 Tex. Tech L. Rev. 1271, 1283-84 (1996). Dan Edwards credits faith with helping him love unlovable clients. Dan Edwards, Reflections on Three Stories: "Practicing" Law and Christianity at the Same Time, 27 Tex. Tech L. Rev. 1105, 1115 (1996). Monroe Freedman's faith teaches the sanctity and the dignity of the individual, and provides the basis for a commitment to zealous advocacy on their behalf. Monroe H. Freedman, Legal Ethics from a Jewish Perspective, 27 Tex. Tech L. Rev. 1131, 1132 (1996). Azizah al-Hibri's faith taught her the values of hard work and fairness. Azizah al-Hibri, On Being a Muslim Corporate Lawyer, 27 Tex. Tech L. Rev. 947, 952 (1996). Tom Porter learns from his institutional clients and hopes they learn from him "giving and receiving grace." Thomas W. Porter, Jr., Engaging the Law, 27 Tex. Tech L. Rev. 1285, 1290 (1996). Joe Allegretti and Nancy Miller-Herron emphasize that faith puts law practice in perspective and in balance with the rest of their lives. Joseph G. Allegretti, Neither Curse nor Idol: Towards a Spirituality of Work for Lawyers, 27 Tex. Tech L. Rev. 963, 964-65 (1996); Nancy Miller-Herron, On Maintaining Spiritual Sanity in a Secular Vocation, 27 Tex. Tech L. Rev. 1221, 1222 (1996). Tom Shaffer emphasizes the importance of faith communities in providing resources for deliberation. Shaffer, supra note 24, at 1352-54. Joanne Gross realized that her faith provides a lens through which to see God at work in seemingly secular events like trials. Joanne Gross, The Deliberations of Mortals and the Grace of God, 27 Tex. Tech L. Rev. 1159 (1996). These few examples do not do justice to the individuals I have cited; even less do they give a feel for the richness of stories and insights contained in this volume.
43. There are many examples: Alan Perry emphasized the importance of forgiveness in the practice of law. He finds the ability to forgive grows out of a living faith in a God who forgives. Alan W. Perry, Javert or Bebb, 27 Tex. Tech L. Rev. 1271, 1283-84 (1996). Dan Edwards credits faith with helping him love unlovable clients. Dan Edwards, Reflections on Three Stories: "Practicing" Law and Christianity at the Same Time, 27 Tex. Tech L. Rev. 1105, 1115 (1996). Monroe Freedman's faith teaches the sanctity and the dignity of the individual, and provides the basis for a commitment to zealous advocacy on their behalf. Monroe H. Freedman, Legal Ethics from a Jewish Perspective, 27 Tex. Tech L. Rev. 1131, 1132 (1996). Azizah al-Hibri's faith taught her the values of hard work and fairness. Azizah al-Hibri, On Being a Muslim Corporate Lawyer, 27 Tex. Tech L. Rev. 947, 952 (1996). Tom Porter learns from his institutional clients and hopes they learn from him "giving and receiving grace." Thomas W. Porter, Jr., Engaging the Law, 27 Tex. Tech L. Rev. 1285, 1290 (1996). Joe Allegretti and Nancy Miller-Herron emphasize that faith puts law practice in perspective and in balance with the rest of their lives. Joseph G. Allegretti, Neither Curse nor Idol: Towards a Spirituality of Work for Lawyers, 27 Tex. Tech L. Rev. 963, 964-65 (1996); Nancy Miller-Herron, On Maintaining Spiritual Sanity in a Secular Vocation, 27 Tex. Tech L. Rev. 1221, 1222 (1996). Tom Shaffer emphasizes the importance of faith communities in providing resources for deliberation. Shaffer, supra note 24, at 1352-54. Joanne Gross realized that her faith provides a lens through which to see God at work in seemingly secular events like trials. Joanne Gross, The Deliberations of Mortals and the Grace of God, 27 Tex. Tech L. Rev. 1159 (1996). These few examples do not do justice to the individuals I have cited; even less do they give a feel for the richness of stories and insights contained in this volume.
44. One of the leading exponents of this point of view is David Luban. See David Luban, Lawyers and Justice: An Ethical Study (1988). Luban's views are much broader and more nuanced than this brief description, but he is perhaps the leading spokesperson for the view that role morality must be judged by the standards of "ordinary morality."
45. See James R. Elkins, The Legal Persona: An Essay on the Professional Mask, 64 Va. L. Rev. 735 (1978).
46. For a discussion of Paul Tillich's philosophy referred to as the "Protestant principle," see, for example, William Hordern, A Layman's Guide to Protestant Theology 178-79 (rev. ed. 1955).
47. See Reinhold Niebuhr, The Nature and Destiny of Man (Charles Scribner's Sons 1949) (printing in one volume Niebuhr's first and second series of Gifford Lectures, I. Human Nature, and II. Human Destiny).
48. See Reinhold Niebuhr, The Nature and Destiny of Man (Charles Scribner's Sons 1949) (printing in one volume Niebuhr's first and second series of Gifford Lectures, I. Human Nature, and II. Human Destiny).
49. See Edmund Pincoffs, Quandary Ethics, in Revisions: Changing Perspectives in Moral Philosophy 92, 93 (Stanley Hauerwas & Asadair MacIntyre, eds., 1983).
50. See, e.g., Stanley Hauerwas, A Community of Character: Toward a Constructive Christian Social Ethic 72-89 (1981) (challenging the common assumption by contemporary Christians that secular liberalism is compatible with their Christian beliefs); Alasdair MacIntyre, After Virtue: A Study in Moral Theory 241 (1981) [hereinafter MacIntyre, After Virtue] (arguing that "in spite of the efforts of three centuries of moral philosophy and one of sociology, [there is still no] coherent and rationally defensible statement of a liberal individualist point of view"); Alasdair MacIntyre, Whose Justice? Which Rationality? passim (1988) (asserting that incompatible conceptions of justice are characteristically closely linked to different and incompatible conceptions of practical rationality, and explaining the connection between justice and laws).
51. See, e.g., Stanley Hauerwas, A Community of Character: Toward a Constructive Christian Social Ethic 72-89 (1981) (challenging the common assumption by contemporary Christians that secular liberalism is compatible with their Christian beliefs); Alasdair MacIntyre, After Virtue: A Study in Moral Theory 241 (1981) [hereinafter MacIntyre, After Virtue] (arguing that "in spite of the efforts of three centuries of moral philosophy and one of sociology, [there is still no] coherent and rationally defensible statement of a liberal individualist point of view"); Alasdair MacIntyre, Whose Justice? Which Rationality? passim (1988) (asserting that incompatible conceptions of justice are characteristically closely linked to different and incompatible conceptions of practical rationality, and explaining the connection between justice and laws).
52. See, e.g., Stanley Hauerwas, A Community of Character: Toward a Constructive Christian Social Ethic 72-89 (1981) (challenging the common assumption by contemporary Christians that secular liberalism is compatible with their Christian beliefs); Alasdair MacIntyre, After Virtue: A Study in Moral Theory 241 (1981) [hereinafter MacIntyre, After Virtue] (arguing that "in spite of the efforts of three centuries of moral philosophy and one of sociology, [there is still no] coherent and rationally defensible statement of a liberal individualist point of view"); Alasdair MacIntyre, Whose Justice? Which Rationality? passim (1988) (asserting that incompatible conceptions of justice are characteristically closely linked to different and incompatible conceptions of practical rationality, and explaining the connection between justice and laws).
53. See Jack L. Sammons, The Professionalism Movement: The Problems Defined, 7 Notre Dame J.L. Ethics & Pub. Pol'y. 269 (1993); Thomas L. Shaffer, On Being a Professional Elder, 62 Notre Dame L. Rev. 624 (1987).
54. See Jack L. Sammons, The Professionalism Movement: The Problems Defined, 7 Notre Dame J.L. Ethics & Pub. Pol'y. 269 (1993); Thomas L. Shaffer, On Being a Professional Elder, 62 Notre Dame L. Rev. 624 (1987).
55. Jefferson Powell has applied the insights of MacIntyre to the American constitutional tradition. See H. Jefferson Powell, The Moral Tradition of American Constitutionalism: A Theological Interpretation (1993).
56. I serve as Chair of the Texas Supreme Court Grievance Oversight Committee.
57. Bob Dylan, Brownsville Girl, on Bob Dylan's Greatest Hits Vol. 3 (Columbia 1994).
58. See Harper Lee, To Kill a Mockingbird (1960).
59. I am not suggesting that we take major college and professional sports as our models. I know that major college sports are shot full of corruption, and coaches' talk about character-building is often self-serving cant. Ray Goff was fired because he did not win enough football games, regardless of the effect he may have had on his players' character. From what little I know of Ray Goff, however, I do believe he was sincere about character building.
60. See John Mixon & Robert P. Schuwerk, The Personal Dimension of Professional Responsibility, 58 Law & Contemp. Probs. 87 (1995).
61. The "notion of a particular type of practice as providing the arena in which the virtues are exhibited and in terms of which they are to receive their primary, if incomplete, definition is crucial to the whole enterprise of identifying a core concept of the virtues." MacIntyre, After Virtue, supra note 38, at 175.
62. Id.
63. "A virtue is an acquired human quality the possession and exercise of which tends to enable us to achieve those goods which are internal to practices and the lack of which effectively prevents us from achieving any such goods." Id. at 178.
64. Id. at 204.
65. Id. at 191.
66. Id. at 207.
67. Many would say that the profession is too large and heterogeneous to constitute a MacIntyrean practice. The modern American legal profession is made up of many diverse people doing widely different work. In fact, it is much more diverse in terms of people and in terms of types of work than it was even a generation ago. It should be obvious that this increased diversity is a very good thing. Increased diversity does not necessarily mean that the profession cannot be a "practice." Indeed, if we look carefully at MacIntyre's definition of a "practice," law practice fits very comfortably within the definition.
68. See Sammons, supra note 39. My understanding and description of the movement is largely derivative of that of Sammons. In fact, my understanding of the moral value of the practice of law is largely a restatement of what Jack Sammons has been saying for years.
69. See ABA Comm. on Professionalism, ". . . In the Spirit of Public Service": A Blueprint for Rekindling of Lawyer Professionalism (1986).
70. See ABA Professionalism Comm., Teaching and Learning Professionalism (1996).
71. Mary Ann Glendon, A Nation Under Lawyers: How the Crisis in the Legal Profession Is Transforming American Society 70-71 (1994).
72. The truth is, some lawyers do make too much money. I sometimes think our biggest problem as a profession is that we keep wanting bigger barns and more grain. See Luke 12:13-21.
73. M. Scott Peck's latest book, A World Waiting to Be Born: Civility Rediscovered (1993), contains an excellent discussion not only of civility, but also of vocation. See id. at 61-79.
74. To take only the three best critical discussions of professionalism by legal ethicists, see Rob Atkinson, A Dissenter's Commentary on the Professionalism Crusade, 74 Tex. L. Rev. 259 (1995); Russell G. Pearce, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar, 70 N.Y.U. L. Rev. 1229 (1995); and Thomas L. Shaffer, Lawyer Professionalism as a Moral Argument, 26 Gonz. L. Rev. 393 (1990-1991).
75. To take only the three best critical discussions of professionalism by legal ethicists, see Rob Atkinson, A Dissenter's Commentary on the Professionalism Crusade, 74 Tex. L. Rev. 259 (1995); Russell G. Pearce, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar, 70 N.Y.U. L. Rev. 1229 (1995); and Thomas L. Shaffer, Lawyer Professionalism as a Moral Argument, 26 Gonz. L. Rev. 393 (1990-1991).
76. To take only the three best critical discussions of professionalism by legal ethicists, see Rob Atkinson, A Dissenter's Commentary on the Professionalism Crusade, 74 Tex. L. Rev. 259 (1995); Russell G. Pearce, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar, 70 N.Y.U. L. Rev. 1229 (1995); and Thomas L. Shaffer, Lawyer Professionalism as a Moral Argument, 26 Gonz. L. Rev. 393 (1990-1991).
77. I think Jack Sammons has it about right. "I believe that the Professionalism Movement is doing what should be done as best as we now know how to do it even with all its lurching and stumbling." Sammons, supra note 39, at 275.
78. I can only very briefly suggest here how the practice of law at its best develops each of these cardinal virtues. The qualifier "at its best" is crucial. Of course there are many lawyers who do not exhibit the virtues I describe here. My point is to describe a professional ideal. Lawyers should emulate those lawyers who have achieved excellence in the practice of law. To do that, we need more discussions about what constitutes excellence in the practice.
79. Glendon, supra note 55; Anthony Kronman, The Lost Lawyer (1993).
80. Although I am a defender of the Professionalism Movement, I believe the movement is weak in the area of promoting and achieving justice. Critics often point out that the very term "professionalism" is devoid of meaning. This is where the Professionalism Movement needs to focus: more attention should be paid to issues of justice. This must include issues of legal services to the poor.
81. See Joseph Allegretti, Lawyers, Clients, and Covenant: A Religious Perspective on Legal Practice and Ethics, 66 Fordham L. Rev. 1101 (1998). He draws upon William May's discussion of covenant in the doctor/patient relationship. Id. at 1114-15 (citing William F. May, The Physician's Covenant: Images of the Healer in Medical Ethics (1983)).
82. See Joseph Allegretti, Lawyers, Clients, and Covenant: A Religious Perspective on Legal Practice and Ethics, 66 Fordham L. Rev. 1101 (1998). He draws upon William May's discussion of covenant in the doctor/patient relationship. Id. at 1114-15 (citing William F. May, The Physician's Covenant: Images of the Healer in Medical Ethics (1983)).
83. Perhaps the best description is by the prophet Hosea, who compares Israel to a faithless spouse, yet God remains steadfast in his love. Hosea 1:1-3
84. See The HarperCollins Bible Dictionary 627-68 (1996) (defining "loving-kindness" as derived from the Hebrew word "khesed," and listing other translations of "khesed" such as "steadfast love" and "mercy").
85. I realize it is dangerous to suggest to lawyers that they should be like God; for too many, the distinction is blurred already!