Download e-book for kindle: Conscience and Love in Making Judicial Decisions (Law and by Alexander Nikolaevich Shytov

By Alexander Nikolaevich Shytov

ISBN-10: 1402001681

ISBN-13: 9781402001680

ISBN-10: 9048158893

ISBN-13: 9789048158898

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 program of the demonstrated (positive) legislation. it's the moral sense of judges that takes the significant position within the study. moral sense is known within the which means constructed within the conception of Thomas Aquinas because the advanced skill of the individual to make ethical decisions which signify acts of cause at the query of what's wrong or right in a selected scenario. reasons why we want a idea of moral sense in making judicial judgements lies within the nature of the confident legislations itself. at the one hand, there's an intrinsic clash among the legislation because the physique of inflexible principles and the legislation as an residing event of these who're concerned about social relationships. This clash rather reveals its expression within the collision of strict justice and fairness. the assumption of fairness doesn't reject the significance of principles in felony existence. what's rejected is an idolatrous angle to the foundations whilst the individuality of a man or woman, his good­ being and happiness are ignored and sacrificed which will fulfil the observance of the foundations. the foundations themselves are neither sturdy or undesirable. What makes them strong or undesirable is their application.

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Conscience and Love in Making Judicial Decisions (Law and Philosophy Library) by Alexander Nikolaevich Shytov

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