In an article relevant to a recent post here, the “e-version” of the ABA newsletter is arguing that relying on personal honor is a better way to achieve ethical behavior than more regulation:
Regulatory structures divert people from recognizing that they are making moral judgments and attempt to force ethical decisions through the threat of punishment, compliance programs, performance appraisals, surveillance, rewards and sanctions. The problem is that “instead of deciding to do the right thing, people engage in a calculation,” she said. If the costs of being caught in an infraction are not high, even with a high likelihood of detection they may take a risk and behave unethically.
I agree with the basic premise — but how do we get members of our profession to recognize the moral judgment involved in their conduct?