Адвокатите на Достоевски: доверие и съблазън в огледалото на една литературна теория на наказателния процес
Dostoevsky's Lawyers: Trust and Seduction in the Mirror of a Literary Theory of the Criminal Process

Summary/Abstract: This article sets out to test some strong literary intuitions about the role of the lawyer in institutional justice. As a figure (confidant) trusted by disputing parties in legal matters, the lawyer often finds himself deprived of basic trust in literature. This imbalance of trust, voted to the lawyer in law and in literature, is examined through one of the most influential Russian authors – Fyodor Dostoevsky. Dostoevsky’s lawyers are famous for their rhetorical qualifications, brilliant appearance and impressive public appearances. However, this often makes them as far removed as possible from the human soul and true justice, which Dostoevsky particularly values. Whether Dostoevsky’s concerns about the lawyer’s role are realistic and to what extent they can be used as a possible resource for revealing certain blind spots in the legal theory of criminal procedure – this is the main question around which this article is organized. By contrasting the specifics of the judicial roles of the lawyer and the judge, the article seeks the legal and literary grounds for trust in those who provide judicial protection.

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