The Lawyer as Conscientious Objector

Abstract

This narrowly-circumscribed Article attempts to gain some insights into the much discussed conflict between religious precepts and legal requirements by looking at the main area of the law in which individuals and courts have had to reconcile legal standards with individual morality; namely, the area of conscientious objection. Like lawyers, conscientious objectors to military service have had to reconcile their deeply held beliefs -- which the courts have equated to religious beliefs -- against otherwise mandatory legal rules. The Article considers those cases and draws some conclusions about when it might be appropriate for lawyers to defy mandates of the profession in order to remain true to core beliefs that govern their lives. Perhaps more importantly, the Article considers how lawyers should implement their defiance.