Overview

This book is about conscience and love in making judicial decisions. It looks at law not as a body of rigid rules applied by emotionless judges, but as a creative process in which the judges make their fundamental choices. The judges do love and they do hate when they make their decisions. On the basis of the rich tradition of Christian ethics, the author addresses the question: why should the judges love those who are affected by their decisions, and how do they do that? Readership: Academics and anyone interested in philosophy of law and legal ethics.

Full Product Details

Author:   Alexander Nikolaevich Shytov
Publisher:   Springer
Imprint:   Springer
Edition:   Softcover reprint of hardcover 1st ed. 2002
Volume:   54
Dimensions:   Width: 16.00cm , Height: 1.40cm , Length: 24.00cm
Weight:   0.454kg
ISBN:  

9789048158898

ISBN 10:   9048158893
Pages:   246
Publication Date:   28 October 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Out of stock  
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Table of Contents

I: Conscience and Legal Reasoning.- 1. Legal reasoning in the theory of Petrazycki.- 2. Thomas Aquinas on conscience.- 3. Aquinas’s theory of conscience and legal reasoning.- 4. Theories of legal reasoning and types of judicial conscience.- II: Agapic Casuistry in Judicial Decision Making.- 5. The method of casuistry.- 6. Love as the source of agapic casuistry.- 7. Impartial sympathy as an implication of agapic casuistry.- 8. Watchfulness as an implication of agapic casuistry.- III: Agapic Casuistry in Action.- 9. Natural justice and conscience of the judges in case Ridge v. Baldwin.- 10. Sympathy judgements and the declaratory power of the High Court of Justiciary.- 11. Sympathy judgements of conscience in the Russian Constitutional Court.- 12. Symapthy judgements of conscience in the European Court of Human Rights.- Conclusions.

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