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Chapter 4 - The Court of Justice and the Court of Conscience

Legal Ethics in Tom Jones

Published online by Cambridge University Press:  19 September 2025

Melissa J. Ganz
Affiliation:
Marquette University, Wisconsin
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Summary

In the eighteenth century, the practice of law was not a self-governing profession in the modern sense. Many lawyers and judges lacked specialized knowledge and formal training, and only a few were subject to regulation or oversight. This chapter examines how Henry Fielding grapples with the consequences of this undisciplined, undereducated, and ethically unmoored legal culture in Tom Jones (1749). Fielding derides the inadequacies of the period’s legal order by featuring magistrates and attorneys whose primary characteristics are intellectual incompetence, poor judgment, and moral corruption. Yet he also proposes a remedy to the law’s limitations. Drawing from moral philosophies circulating in the mid eighteenth century, Fielding implicitly advocates for a professional system that fosters its representatives’ innate moral virtues and enforces a stable but flexible code of ethics. His proposal has relevance for today’s legal profession, which is likewise susceptible to charges of ineffectiveness, injustice, and unfairness.

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