RHETORIC AND FAIR PLAYTHE CULTURAL BACKGROUND OF LEGAL ETHICS

• 作者: Paolo Moro
• 来源期刊: 美中法律评论：英文版
• 学科: 政治法律
• 关键词: 中国 美国 法律评论
• 年，卷（期）: mzflplywb,（2）
• 页码范围: 72-83
• 页数: 12页
• 分类号: D90

摘要

The duties of diligence and fairness of advocacy derive from the sameethical principle and are realized through two regulated activities.＂ Rhetoricas art of diligence and fair play as art of sportsmanship. Rhetoric and fairplay hide two relevant distortions in the legal practice and in the sportscompetition.＂ The eristic argumentation and the gamesmanship strategy.The obligation of loyalty imposes to the lawyers a rhetorical dialogue inevery legal proceeding and it prescribes to keep the relationship betweenopponents on a real level of equity. Just as the good athlete defends theteam colors acting loyally in a race, so the good lawyer protects the dignityof his client not only by a diligent technique but also by fair tactics.