Devil’s Advocate
This paper examines the «imperatives of the reasoning» concerning the
mafia under the fascism. We are before a rather reticent rhetoric (ancient
and contemporary) on the nature of the mafia which pretends to explain
in apodictic form what it is not. The lawyers play a fundamental role in the
creation and maintenance of the imperatives of the reasoning on the mafia,
because of the same nature of their profession. They are distant but near
to their assisted and this «specific ambiguity» characterizes the position of
the lawyer within the judicial stage. The lawyer is, for his nature, the man
of a faction, he is not obliged to the truth; on the contrary he is faithful
to the duty of loyalty and honesty to his client and must be indifferent
to the social and political effects of the judgment. Of course both for the
lawyers and their clients, the mafia didn’t exist and if it existed it was
another thing. The paper is about «this other thing», i.e. mafia’s ability to
harness both verbal communication and lawyers work in order to put up
an identity fit to play on the public scene.