Different conceptions on the scope of obligations of defense lawyers

Abstract

In practice defense lawyers are often facing moral dilemmas when they must act on a complex case. The idea of whether to appeal only to the provisions of law, or if they can or must make moral judgments to find the best solution to the case involved is one of the most discussed topics in professional ethics. In this paper, I describe the different ethical theories developed around this problem, and also show how this are linked to different conceptions about what is the law. For this, I consider these visions briefly, focusing specifically on ideological positivism and legal formalism, the natural or substantivist law and inclusive positivism. Thus I conclude that the answer taken to the moral dilemma that is presented to the advocates, depends on the ethical and legal standard that each of us assume.