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Advances in Social Sciences Research Journal – Vol. 12, No. 03

Publication Date: March 25, 2025

DOI:10.14738/assrj.1203.18513.

Murray, P. E. (2025). Religious Virtues Enhance and Align with the Ethical Principles of the U.S. Lawyers' Model Rules of Professional

Conduct. Advances in Social Sciences Research Journal, 12(03). 145-162.

Services for Science and Education – United Kingdom

Religious Virtues Enhance and Align with the Ethical Principles of

the U.S. Lawyers' Model Rules of Professional Conduct

Peter E. Murray

Oak Brook College of Law, Fresno, California, United States

ABSTRACT

The enduring ethical dilemma of whether to prioritize one’s duty to God or

adherence to the rule of law remains a deeply philosophical and controversial issue.

This study explores whether a U.S. lawyer’s modern ethical responsibilities

outlined in the Model Rules of Professional Conduct (MRPC) stem primarily from

Christian biblical interpretations, or the principles of other major world religions,

Judaism, Islam, Hinduism, and Buddhism, or secular theories of social

jurisprudence, which posit that ethical duties are grounded in societal expectations.

A systematic review of published legal cases identified recurring themes, with the

most alleged ethical breaches: as money, discrimination, communication,

responsibilities, competence, anti-harassment, confidentiality, diligence,

retaliation, supervision, compliance, and candor (P<0.05). Furthermore, the five

major world religions had similar proportions of cases alleging ethical violations to

each other (P>0.05). The close alignment between the World’s major religious

virtues, secular jurisprudence, and MRPC ethical rules are likely due to the

historical roots of law in religious traditions. This analysis has shown that lawyers

should integrate their religious virtues, such as honesty, integrity and

trustworthiness, whether derived from Christianity, Judaism, Islam, Hinduism, or

Buddhism, into their professional ethical obligations, as these principles are

inherently compatible with modern legal practice.

Keywords: Law Religion Virtues Ethics Morals Professional Conduct.

INTRODUCTION

“In the nature of law practice, however, conflicting responsibilities are encountered. Virtually

all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients,

to the legal system and to the lawyer's own interest in remaining an ethical person while

earning a satisfactory living. The [Model] Rules of Professional Conduct [MRPC] often prescribe

terms for resolving such conflicts. Within the framework of these Rules, however, many difficult

issues of professional discretion can arise. Such issues must be resolved through the exercise

of sensitive professional and moral judgment guided by the basic principles underlying the

Rules” [1]. This highlights the need to explore areas of alignment and conflict between the

MRPC’s ethical framework and the moral principles of major religions, given that morality is

often shaped by religious beliefs [2].

“A law is valuable not because it is law, but because there is right in it” [3]. This underscores the

idea that the legitimacy and worth of laws and rules derive from their moral and ethical

foundations rather than merely from their status as legal statutes. However, the moral and

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Advances in Social Sciences Research Journal (ASSRJ) Vol. 12, Issue 03, March-2025

Services for Science and Education – United Kingdom

ethical foundations of the MRPC remain open to interpretation, raising questions about their

underlying philosophical or religious influences.

ETHICAL DILEMMA OF THE DUTY TO GOD VERSES OBEDIENCE TO THE RULE OF LAW

The enduring ethical dilemma of whether to prioritize one’s duty to God or adherence to the

rule of law remains a deeply philosophical and controversial issue, largely because strict

religious observance inherently prioritizes Gods divine authority [4]. Religious freedom, as a

constitutional principle, only fully makes sense when grounded in the belief that God makes

genuine demands on human loyalty and conduct, demands that are seen as preceding and

holding a superior obligation to those of the State [5]. The essence of religious freedom is to

protect the exercise of plausibly true understandings of God’s commands from state

interference, while also disabling the state from prescribing or proscribing religious practice

[

6]. In contrast, the secular Rule of Law is a construct of civil and criminal boundaries imposed

by political lawmakers, designed to govern human behavior through enforceable norms [7].

While the Rule of Law is premised on the principle that no individual is above the law, it often

comes into conflict with the deeply personal and absolute nature of religious convictions [8].

GUIDANCE FROM MORAL PHILOSOPHY

Moral philosophy offers limited guidance in resolving conflicts between religious duties and

respect for the rule of law [ 9 ]. It struggles to establish clear criteria for when religious

obligations may justify disobedience to secular laws, and the diversity of moral perspectives

makes it impractical to develop universal solutions for such disputes [10]. Consequently, the

boundaries of lawful rule-breaking remain inherently ambiguous and highly dependent on

context [11].

RELIGIOUS MOTIVATION FOR DEFYING THE RULE OF LAW

The Rule of Law operates as a social convention prioritizing governance by rules rather than

the whims of powerful individuals [12]. This principle emphasizes the importance of stability,

predictability, and fairness in law. However, rule-breakers must generally anticipate

punishment for their actions, reflecting the law’s deterrent function, even though such

deterrence is not always effective [13]. Religious motivations can drive individuals to defy legal

authority, often rooted in a profound sense of duty or the politics of martyrdom, where self- sacrifice is viewed as a higher service to God [ 14 ]. This interplay of divine loyalty, moral

philosophy, and secular legal structures highlights the complex and often contentious nature of

navigating the intersection between religious conviction and the Rule of Law. It underscores

the need for nuanced approaches that respect religious freedom while maintaining the integrity

of secular governance.

THE MAJOR RELIGIONS

Approximately 83% of the global population identifies with a religion, with the vast majority

adhering to one of the world's major faith traditions. By percentage of the total population,

these include Christianity (31%), Islam (24%), Hinduism (15%), and Buddhism (7%). The

smaller religious groups include Judaism (0.2%), folk religions, such as African traditional

religions, Chinese folk religions, Native American religions, and Australian Aboriginal religions,

and other religions, each comprising less than 1% of the global population [11]. The major

world religions each have distinct beliefs, practices, and historical origins, as well as unique

perspectives on spirituality. They also differ in how they interpret and navigate their

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Murray, P. E. (2025). Religious Virtues Enhance and Align with the Ethical Principles of the U.S. Lawyers' Model Rules of Professional Conduct.

Advances in Social Sciences Research Journal, 12(03). 145-162.

URL: http://dx.doi.org/10.14738/assrj.1203.18513

responsibilities regarding divine law, adherence to secular law, and the potential conflicts

between the two, as illustrated in Figure 1.

Religion Duty to Obey Divine Law Duty to Obey Secular

Rule of Law

Reconciliation of

Conflicts

Christianity Christians emphasize

obedience to God’s

commandments and the

teachings of Jesus. e.g.

"We must obey God rather

than any human

authority." Acts 5:29

(NLT)

Christianity teaches

respect for governing

authorities for

maintaining order &

justice. e.g. "Everyone

must submit to

governing authorities.

For all authority comes

from God, and those in

positions of authority

have been placed there

by God." Romans 13:1

(NLT)

Christians are called to

follow the law unless it

directly contradicts God’s

will.

“But because the midwives

feared God, they refused to

obey the king’s orders.

They allowed the boys to

live, too.” Exodus 1:17

(NLT)

Islam Islam calls for absolute

obedience to Allah and

His laws. e.g. “And

whoever disobeys Allah

and His Messenger has

certainly strayed into clear

error." Quran 33:36

Islam emphasizes

adherence to the laws of

the land, if they do not

conflict with Islamic

principles. e.g. “O you

who have believed, obey

Allah and obey the

Messenger and those in

authority among you."

Quran 4:59

Muslims should obey laws

unless they are sinful. e.g.

"It is obligatory upon a

Muslim to listen to and obey

the ruler... except when he

is ordered to commit a

sinful act...” Sahih Muslim

1839a

Hinduism Hindu’s have a duty to

follow divine will. e.g. “By

worship of Him, from

whom all beings come and

by whom the universe is

pervaded, through the

performance of one's own

duty, a person attains

perfection."

Bhagavad Gita 18.46

Dharma, or moral law, is

the highest and most

powerful force in the

universe. "Dharma is the

king of kings; nothing is

mightier than law. By its

power, the weak shall

prevail over the strong."

Manusmriti 8.15

Hindus address conflicts

with wisdom, compassion,

and a focus on spiritual

growth. e.g.

"An act that is not in

harmony with

righteousness (dharma)

should not be followed...."

Mahabharata, Shanti

Parva 109.9

Buddhism Buddhism is non-theistic,

focusing on personal

enlightenment and

adherence to the

Buddha's teachings.

Spiritual practice

emphasizes ethical

conduct, and mental

discipline. e.g. "You

yourself must strive. The

Buddhas only point the

way." Dhammapada 276

The Buddha encouraged

his followers to respect

local rulers and laws,

provided they do not

interfere with spiritual

practice. e.g. “Let one not

follow the bad, let one

follow the good, let one

purify the mind. The wise

who follow the good,

their lives are peaceful.”

Dhammapada 178

When civil laws conflict

with Buddhist ethics, the

focus shifts to peaceful

resistance e.g. "The right

way of acting is one that is

rooted in peace and does

not cause harm to any

living being. Even in

adverse situations, act in a

manner that does not

disturb the peace of others."

Bhagavad Gita 8.15