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

By Alexander Nikolaevich Shytov

THE judgment of right and wrong OF JUDGES AND APPLICA nON OF criminal principles The e-book is dedicated to the matter of the impact of ethical decisions at the results of judicial decision-making within the strategy of software of the confirmed (positive) legislations. it's the sense of right and wrong of judges that takes the crucial position within the study. sense of right and wrong is known within the which means constructed within the concept of Thomas Aquinas because the complicated potential of the man or woman to make ethical decisions which signify acts of cause at the query of what's wrong or right in a selected state of affairs. the explanation why we want a thought of judgment of right and wrong in making judicial judgements lies within the nature of the confident legislation itself. at the one hand, there's an intrinsic clash among the legislation because the physique of inflexible ideas and the legislations as an residing adventure of these who're considering social relationships. This clash relatively unearths its expression within the collision of strict justice and fairness. the belief of fairness doesn't reject the significance of ideas in felony existence. what's rejected is an idolatrous perspective to the foundations whilst the distinctiveness of a person, his good­ being and happiness are left out and sacrificed with the intention to fulfil the observance of the principles. the principles themselves are neither solid or undesirable. What makes them solid 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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