"MAN CAN DO WHAT HE WILLS, BUT HE CANNOT WILL WHAT HE WILLS" IN THE CONTEXT OF PROFESSIONAL ETHICS IN THE LEGAL FIELD"
Author:- Nadipudi Jayavanth, a Student of NMIMS School of Law, Bengaluru
The idea that "Man can do what he wills, but he cannot will what he wills" is a profound philosophical concept with major implications in professional ethics, particularly in the context of the legal profession. This quote, credited to philosopher Arthur Schopenhauer, captures the complicated relationship between human autonomy and moral obligation. This concept has significant significance in the legal arena, as solicitors are charged with upholding justice and ethical norms. Professional ethics in the legal profession necessitate a careful balance between freedom of choice and the obligation to behave in the best interests of justice and the rule of law. This equilibrium is inextricably linked to the notion that humans have free will, allowing them to make decisions based on their wishes and intentions. This independence, however, is not unlimited; it is limited by moral and ethical limitations that shape the decisions lawyers make in their professional lives.
Lawyers are frequently called upon to zealously represent their clients, to argue for their interests, and to defend their rights. This entails using their professional skills to the best of their abilities to fulfil the goals of their clients. The idea that individuals, including lawyers, can pursue their goals and make choices in accordance with their wills is central to this function. This independence, however, is not limitless, as lawyers must navigate a complicated web of legal and ethical obligations. The lawyer's duty to uphold justice is a critical component of this difficult balance. While a lawyer's primary loyalty is to their client, they are also court officers who must ensure that justice is done. This frequently necessitates lawyers making decisions that are consistent with the ideals of fairness and equity, even if they are not in their client's best interests. In this situation, lawyers may be forced to act in ways that go against their own preferences but are consistent with the larger ethical imperative of justice.
Furthermore, the legal profession is governed by a set of ethical codes and professional conduct guidelines that dictate specific standards of behaviour for lawyers. These norms exist to ensure that lawyers do not misuse their power, participate in unethical practises, or jeopardise the legal system's integrity. Lawyers are expected to follow these laws, even if it means going against their personal desires or the wishes of their clients. In addition, the concept of "Man can do what he wills, but he cannot will what he wills" emphasises the idea that individual wishes and intents must be balanced against a larger sense of duty. This indicates that in the legal sector, lawyers must examine not only their immediate goals or those of their clients, but also the long-term ramifications of their actions. They must consider the ethical ramifications of their judgements on the legal system, society, and their own professional integrity.
In conclusion, the phrase "Man can do what he wills, but he cannot will what he wills" captures the intricate interplay between human autonomy and moral responsibility in the legal sphere. Lawyers have the flexibility to act in line with their clients' interests and their own desires, but this freedom is limited by a larger ethical framework that requires a commitment to justice, integrity, and the legal profession's standards. Striking the correct balance between individual will and ethical obligation is a major task for lawyers, and it is critical for the integrity of the legal system and the pursuit of justice.