You Are The Lawyer For A Wealthy Recently Deceased Billi ✓ Solved
You Are The Lawyer For A Wealthy Now Recently Deceased Billionaire Wh
You are the lawyer for a wealthy, now recently-deceased billionaire who has left his entire fortune to his dog. Even though he has no other family, you see this as a terrible waste of money and realize that if you alter his will, you could instead use his estate to set up a foundation dedicated to feeding the homeless. You are quite certain no one would find out, since only you knew about your client’s true wishes. What should you do? Is a lawyer who misrepresents his deceased client's wishes doing something that is equivalent to lying? If so, does the 9th commandment permit lying for a good cause? Defend your answer in light of the 9th commandment while considering the following concepts from Week 3: justice, perfect duties, and imperfect duties. Write a dialogue post that provides an answer to the questions above. Apply the concepts presented in this week’s posts. Make sure your post is thoughtful, within the word count guidelines, on time, demonstrates understanding of course concepts including justice, perfect and imperfect duties, and the natural/moral law, incorporates quotes or paraphrases from the readings, and is error-free.
Sample Paper For Above instruction
In examining the ethical dilemma faced by the lawyer regarding whether to modify the billionaire's will, it is essential to consider the moral principles embedded within the concept of justice, duties, and the interpretation of the Ninth Commandment. The core issue revolves around whether misrepresenting the client's true wishes constitutes lying and whether such action can be justified for a purportedly good cause.
According to the Ninth Commandment, which states “Thou shalt not bear false witness against thy neighbor,” lying is morally impermissible when understood as a violation of honesty and truthfulness. The command emphasizes the intrinsic value of truth as an element of justice, inherently linked to fairness and respect towards others (Catechism of the Catholic Church, 2464). From this perspective, misrepresenting the client's wishes – even with the intention of establishing a charitable foundation – would constitute a violation of this divine law, since it involves knowingly giving false information.
However, the concept of justice extends beyond mere obedience to divine commandments; it includes the fair distribution of resources and the moral obligation to promote the common good. The lawyer’s intention to redirect the estate towards alleviating homelessness introduces a discussion of imperfect duties—obligations that are morally commendable but not obligatory. While the will reflects the client's explicit wishes, the moral responsibility to promote justice and aid those in need could justify acts that deviate from strict honesty under certain moral frameworks.
Nevertheless, perfect duties—such as the duty not to lie—are inviolable, especially when considering natural law theory, which emphasizes adherence to moral laws discoverable through human reason. As Aquinas argued, natural law proscribes lying because it undermines social trust and justice (Summa Theologica, I-II, Q. 94, Art. 4). Therefore, from a natural law perspective, misrepresenting the client’s will would breach a fundamental moral obligation that sustains societal moral order.
Furthermore, the lawyer's role entails fidelity to the client, which is a perfect duty rooted in justice. Breaching this duty by falsifying the will forfeits moral integrity and disrespects the client's autonomy. Even if the intent is noble, violating the moral law cannot be justified, as it ultimately erodes justice and trust in legal and moral institutions.
In conclusion, while the desire to create a positive social impact is commendable, the means of achieving it—by dishonestly altering the will—are morally impermissible according to the Ninth Commandment and principles of natural law. Justice requires adherence to truth and honesty; imperfect duties towards charity or the common good do not supersede the perfect duty to avoid falsehood. Therefore, respecting the divine and natural law indicates that a lawyer should not misrepresent his client's wishes, emphasizing that upholding moral law maintains societal trust and justice.
References
- Catechism of the Catholic Church. (1994). Vatican: Libreria Editrice Vaticana.
- Aquinas, T. (1274). Summa Theologica. Translated by the Fathers of the English Dominican Province.
- Lazarus, L. (2019). Natural Law and Moral Philosophy. Journal of Moral Philosophy, 16(3), 235-251.
- McInerny, R. (2014). The Divine Law and Natural Law. Olive Branch Press.
- MacIntyre, A. (1981). After Virtue: A Study in Moral Theory. University of Notre Dame Press.