Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
Certainly there are cases where the law is so clear, jurisprudence so
established, the morality so evident and imperious, that a suit having the
three against itself, may be called a bad case; and the lawyer who can
allow his client to believe the suit defensible, and who employs his skill
and eloquence in defending it, fails in his professional duty. But this is
not generally the case. In most cases, it is very difficult to tell
beforehand who is right, who wrong, and precisely because it is difficult,
are there judges whose proper function it is to decide. Now, in order that
the judge may decide, he must be acquainted with all the details of the
case; all possible reasons from both sides must be laid before him.
Everybody knows that one can never of one's own account find in favor of a
solution or conclusion, all the reasons which the interested party can;
now, it is just that these reasons be set forth: this is the business of
the lawyers. One must not forget that in every law-suit there is a pro and
a con. It is for this very reason there is a suit. The lawyers are
specially here to plead for the pro and con, each from his own standpoint.
One could very well understand, for example, that the court should have at
its disposal functionaries commissioned to prepare the cases and plead for
the contending parties: one would take up Peter's cause, the other,
Paul's; this is just the part of the lawyers, with this difference, that
the choice of the lawyer is left to the client, because it is but just
that a deputy be chosen by him he is supposed to represent.
In criminal cases there are equally very delicate questions. How can a
lawyer defend as innocent one who is guilty? Were it not an actual lie?
And yet society does not allow that any accused, whoever he be, be left
without counsel; and when none present themselves, it provides one,
charging him to save the life of the accused if he can. It is the interest
of society that no innocent person be condemned, and that even the guilty
should not be punished beyond what he deserves; in short, it takes care
that all the reasons that can be brought forth to attenuate the gravity of
an offense be well weighed, and even set forth in a manner to arouse pity
and sympathy. Such is the business of the lawyers.
It is evident that these considerations, which show the lawyer's
profession to be one so legitimate and exalted, should not be improperly
understood. These general rules must be interpreted with delicacy of
feeling and conscience.
Public-domain text, read in full here on John Shaqi.
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