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Law and Philosophy Library

Conscience and Love in Making Judicial Decisions

Authors: Shytov, Alexander Nikolaevich

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  • ISBN 978-94-015-9745-6
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About this book

THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well­ being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.

Table of contents (13 chapters)

Table of contents (13 chapters)

Buy this book

eBook 107,09 €
price for Spain (gross)
  • ISBN 978-94-015-9745-6
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 135,19 €
price for Spain (gross)
  • ISBN 978-1-4020-0168-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 135,19 €
price for Spain (gross)
  • ISBN 978-90-481-5889-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Conscience and Love in Making Judicial Decisions
Authors
Series Title
Law and Philosophy Library
Series Volume
54
Copyright
2001
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media B.V.
eBook ISBN
978-94-015-9745-6
DOI
10.1007/978-94-015-9745-6
Hardcover ISBN
978-1-4020-0168-0
Softcover ISBN
978-90-481-5889-8
Series ISSN
1572-4395
Edition Number
1
Number of Pages
XVI, 246
Topics