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Nevada Law Journal

Ran Kuttner

Abstract

This Article will explore how the practice of mindfulness and the cultivation of wisdom as understood in the Buddhist philosophy can help develop a mindset that will assist lawyers and conflict resolution specialists to make conscious ethical decisions and to do the “right thing” in different situations. It will draw a distinction between the two central terms, “mindfulness” and “wisdom,” clarify the philosophical underpinnings of “wisdom,” introduce foundational concepts in Buddhist philosophy, and suggest that in order to cultivate the aforementioned mindset, it is important to go beyond “mindfulness” and meet the challenges that the cultivation of “wisdom” pose. Part II, Being-in-the-World, will explain what it means to cultivate a mindset and acquire what Buddhist thought relates to as “wisdom.” Part III, titled Dharma, which stands for the teachings of the Buddha, will present basic notions of Buddhist philosophy to help understand what the unique transformation and cultivation of that new mindset involves, and what the applications of the Buddha's teachings to conflict resolution contexts may be. Part IV--Right Speech, which is one of the aspects of the Eightfold Path that the Buddha presented to help cultivate “wisdom”--will present a concrete example that can help lawyers and conflict resolution specialists cultivate wisdom, and consequently act rightfully and ethically. Part V will discuss the implications of adapting the ideas from previous sections to the lawyer's and conflict resolution specialist's “right conduct” in practice. Part VI will offer a perspective on what it takes to become skillful in the manner suggested in this article, using the Buddhist notion of “Skillful Means.” Part VII will offer some concluding remarks.

Publication Citation

10 Nev. L.J. 407 (2010).

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