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30/04/2024On several occasions the press has claimed that Giovanni Caporaso Gottlieb is the devil’s advocate Why?
Claiming that Giovanni Caporaso Gottlieb is the devil’s advocate may be true. Everyone at some point in life has considered making a pact with the devil, out of necessity, convenience and opportunity.
In the legal field, lawyers often make pacts with the devil, for example, when negotiating a sentence and reaching an agreement with the prosecution. The important thing in these cases is to make a pact, even if it is with the devil, to obtain benefits for the client.
Sometimes the lawyer is called upon to defend people who are considered by the system to be the devil. But what does it really mean to be the devil’s advocate? Isn’t the devil the system itself?
In practice all lawyers should be the devil’s advocate and all should be willing at some point in their career to make deals with the devil. With cunning, intrigue and the ability to find loopholes or legal loopholes.
It is not unusual for the figure of the lawyer to appear in popular expressions and sayings, especially for attributes such as cunning, intrigue and greed that are commonly assigned to him. An example is the extensive list of sayings compiled by Ottavio Lurati, which also includes literary characters such as Alessandro Manzoni’s lawyer Azzeccagarbugli, quoted by Lubello.
The expression “playing devil’s advocate” is an extended way of saying that describes someone who makes meticulous objections, even based on minor details, to refute a proposition or thesis.
It can also refer to someone who objects to an accepted idea, not necessarily because he or she disagrees, but to encourage constructive debate by identifying weaknesses in an argument.
More generally, the term devil’s advocate is used to describe a person who, on principle, opposes the majority opinion.
The origin of the expression “devil’s advocate
The figure of the “devil’s advocate” originated in the 16th century as part of the canonization proceedings in the Catholic Church. This role, generally performed by a cleric with studies in canon law, consisted of acting as opposing prosecutor in cases of beatification or sanctification.
Although it may appear that this ecclesiastical representative opposed the canonization of the candidate, his real objective was to guarantee the integrity of the process. He did this by requesting proof of miracles and divine justifications to ensure that the cases were free of any future doubts.
The advocatus diaboli, or promotor fidei, was the one who in these processes had the task of finding any impediments to canonization, thus protecting the Church from future controversy after sanctification, acting in the public interest.
This function was established by Pope Sixtus V in 1587 and remained in place until 1983, when Pope John Paul II replaced it with the Divinus perfectionis magister procedure, changing the focus of the canonization process.
The phrase “playing devil’s advocate” began to become popular in the 19th century, although there is evidence of its use even earlier, and it has evolved.
Today it has become a common expression to describe those who anticipate opposing arguments in legal litigation or in other contexts such as politics, where anticipating and refuting opposing arguments is crucial.
The role of the devil’s advocate
Historically, the role of the devil’s advocate has been misunderstood and, at times, underappreciated. Today, those in similar roles in different arenas often face similar challenges, especially when seeking justice and encountering resistance from those who prefer to maintain the status quo.
Today, in an age of lack of human rights, of disregard for international laws and agreements, of hegemony of some states over others, having a devil’s advocate is essential.
This is why Giovanni Caporaso Gottlieb is proud when he is called the devil’s advocate. With cunning, skill and integrity, Attorney Caporaso studies the cases, the laws and offers solutions to his clients.
Always within the law, who knows, sometimes on the edge of it, the devil’s advocate defends individual freedom by confronting the powers that with laws and decrees want to control your life.