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

By Alexander Nikolaevich Shytov

THE judgment of right and wrong OF JUDGES AND APPLICA nON OF criminal ideas The publication is dedicated to the matter of the effect of ethical decisions at the results of judicial decision-making within the strategy of software of the tested (positive) legislations. it's the sense of right and wrong of judges that takes the principal position within the learn. judgment of right and wrong is known within the which means built within the thought of Thomas Aquinas because the advanced means of the person to make ethical decisions which symbolize acts of cause at the query of what's wrong or right in a selected state of affairs. reasons why we'd like a concept of sense 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 legislations because the physique of inflexible ideas and the legislations as an dwelling adventure of these who're enthusiastic about social relationships. This clash relatively reveals its expression within the collision of strict justice and fairness. the belief of fairness doesn't reject the significance of ideas in criminal lifestyles. what's rejected is an idolatrous perspective to the foundations whilst the individuality of a man or woman, his good­ being and happiness are omitted and sacrificed on the way to fulfil the observance of the principles. the foundations themselves are neither stable or undesirable. What makes them stable or undesirable is their application.

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