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  • Moral Duties and Juridical Duties: The Ambiguity of Legal Ethics Considered Through the Prism of Kant’s Metaphysics of Morals

  • Alessandro Ferrara
  • Journal:
    German Law Journal / Volume 23 / Issue 1 / February 2022
    Published online by Cambridge University Press:
    10 February 2022, pp. 117-129
    • Article
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  • My article aims to analyze the conflict between the duties deriving from the supranational deontological codification under a philosophical point of view. Specifically, I will discuss both rules implying the independence of a lawyer and the obligation to ensure that the legitimate interests of the client and the proper administration of justice are protected. I will conduct an analysis about the relationship between moral and juridical duties through a few parts from The Metaphysics of Morals, published by Immanuel Kant in 1797. Afterwards, I will try to verify if Kant’s conception of moral and juridical duties can provide a lawyer with the guidelines for the conflict resolution. I will suggest a meeting point capable of satisfying at the same time those interests whose protection is conflictingly established by the ethical code, and which is represented by the Alternative Dispute Resolution, precisely by the Assisted Negotiation procedure. Ultimately, I will propose an approach based on the identification of an agreement as a way to solve the conflict between the lawyer’s duties.