Conscience and Love in Making Judicial Decisions by Alexander Nikolaevich Shytov PDF

By Alexander Nikolaevich Shytov

ISBN-10: 9048158893

ISBN-13: 9789048158898

ISBN-10: 9401597456

ISBN-13: 9789401597456

THE sense of right and wrong OF JUDGES AND APPLICA nON OF felony ideas The publication is dedicated to the matter of the impact of ethical decisions at the results of judicial decision-making within the means of software of the tested (positive) legislations. it's the sense of right and wrong of judges that takes the significant position within the study. judgment of right and wrong is known within the that means built within the thought of Thomas Aquinas because the complicated capability of the man or woman to make ethical decisions which characterize acts of cause at the query of what's wrong or right in a selected state of affairs. the explanation why we'd like a concept of moral sense in making judicial judgements lies within the nature of the optimistic legislations itself. at the one hand, there's an intrinsic clash among the legislation because the physique of inflexible ideas and the legislations as an dwelling adventure of these who're interested by social relationships. This clash quite unearths its expression within the collision of strict justice and fairness. the assumption of fairness doesn't reject the significance of principles in criminal existence. what's rejected is an idolatrous perspective to the principles while the individuality of a individual, his good­ being and happiness are passed over and sacrificed for you to fulfil the observance of the principles. the foundations themselves are neither strong or undesirable. What makes them sturdy or undesirable is their application.

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Vol. ) 9 Summa Theologiae. I-II. 8-9. , I-II. 2. II Rom. 2,14-15. 12 Summa Theologiae. I-II. 4. ,. 91. 5. , I-II. 9. 7 8 THOMAS AQUINAS ON CONSCIENCE 25 From this theological vision of human nature and the need of God's grace for man's moral well-being springs the importance of conscience in the life of human beings and society as the whole. The chief contribution of Thomas Aquinas to the problems of conscience is his idea that one must act in accordance with one's conscience. ,,15 This requirement is fundamental when approaching the ethical aspects ofj}ldicial activities.

It appeals to self-evident truth. It is already available for those who are ready to follow their consciences. It does not necessarily require the judges to have a further rational reflection similar to the one of Shakespearean Hamlet: 'to be or not to be'. The philosophical argument depends on acceptance of the idea of what is rational in order to justify the supremacy of conscience. Therefore it is conditional. The theological argument is unconditional, especially, iffaith in God is seen not as a Gilby T.

IS 16 26 CHAPTER 2 seems that in this case the contribution of the doctrine of Thomas Aquinas to the theory of legal reasoning would be insignificant. Without his theological inheritance Thomas Aquinas finally appears as just one of the successful commentators on Aristotle. Theology is an essential part of the moral doctrine of Thomas Aquinas, and it can contribute to the theory of law in several ways. ,,2o The question of relevance of the Thomistic theology to legal theory is a part of a broader problem of the contribution of theological reflection to the solution of matters of law.

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Conscience and Love in Making Judicial Decisions by Alexander Nikolaevich Shytov


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