Data di Pubblicazione:
2020
Citazione:
Verso il codice deontologico forense. L’autonomia dell’avvocatura nell’Italia repubblicana / R. Bianchi. - In: HISTORIA ET IUS. - ISSN 2279-7416. - 2020:17(2020), pp. 13.1-13.52. [10.32064/17.2020.13]
Abstract:
The paper focuses on the debate over the code of conduct for lawyers
in Italy in the second half of the 20th century.
The debate concerned first and foremost the choice of whether or not to codify
ethical rules. Furthermore, it was affected by the relationship between the legal
profession and the judiciary, which in turn was framed within the broader debate
over the independence of the legal profession itself, after bar associations had been
established in the second half of the 19th century.
As far as the contents of the code of conduct, Italian lawyers could rely on a longestablished heritage of principles and duties. As a matter of fact, a deontological
model of legal ethics took shape over the course of the Middle Ages and early
modern period, thanks to contributions from both law and morality. Morality
has contributed so much to the formation of this model that it has influenced
the debate over whether ethical rules are legal or moral in nature until nowadays.
From a formal point of view, the question was whether or not to put ethical
principles and rules into a written code. As a matter of fact, in the view of the State
monopoly of the law of the 19th century, a written code of conduct for lawyers
would have endangered the independence (which indeed was very limited) of
Italian bar associations.
Only the progressive succeeding, during the 20th century, of a pluralistic and
democratic view of the law within the constitutional frame allowed the debate
over the codification of legal ethics develop into the first Italian code of conduct
for lawyers in 1997.
Tipologia IRIS:
01 - Articolo su periodico
Keywords:
avvocati; Italia; codice deontologico forense: XIX-XX sec.
Elenco autori:
R. Bianchi
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