Nuevo Foro Penal (Dec 2017)

Comportamientos Diferenciados por Rol y Responsabilidad Moral de la Abogacía

  • Oscar Miranda Miller

DOI
https://doi.org/10.17230/nfp13.89.1
Journal volume & issue
Vol. 13, no. 89
pp. 1 – 48

Abstract

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The purpose of this article is to analyze the way in which attorney­client relations can convert the former, that is, the lawyers, into "amoral" and even "immoral" persons in our dealings with the rest of humanity. In other words, we want to consider on whether there are adequate justifications for lawyers to inhabit what, according to Wasserstrom, at best is a "morally simplified", often "amoral" and sometimes "clearly immoral" world. Considering this, it is pertinent to address questions, such as: Should moral responsibility be attributed to those who assist their constituencies to achieve results clearly contrary to the public interest although it can be argued that such efforts do not exceed the framework of the law? Does the answer to this question vary, either according to the nature of the representation or advice in question, or the characteristics of the represented or advised party?

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