The duties of diligence and fairness of advocacy derive from the same ethical principle and are realized through two regulated activities: Rhetoric as art of diligence and fair play as art of sportsmanship. Rhetoric and fair play hide two relevant distortions in the legal practice and in the sports competition: the eristic argumentation and the gamesmanship strategy. The obligation of loyalty imposes to the lawyers a rhetorical dialogue in every legal proceeding and it prescribes to keep the relationship between opponents on a real level of equity. Just as the good athlete defends the team colors acting loyally in a race, so the good lawyer protects the dignity of his client not only by a diligent technique but also by fair tactics.
Rhetoric And Fair Play. The Cultural Background Of Legal Ethics
MORO, PAOLO
2017
Abstract
The duties of diligence and fairness of advocacy derive from the same ethical principle and are realized through two regulated activities: Rhetoric as art of diligence and fair play as art of sportsmanship. Rhetoric and fair play hide two relevant distortions in the legal practice and in the sports competition: the eristic argumentation and the gamesmanship strategy. The obligation of loyalty imposes to the lawyers a rhetorical dialogue in every legal proceeding and it prescribes to keep the relationship between opponents on a real level of equity. Just as the good athlete defends the team colors acting loyally in a race, so the good lawyer protects the dignity of his client not only by a diligent technique but also by fair tactics.
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