Conscience and Love in Making Judicial Decisions
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 th...
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| Format: | eBook |
| Language: | English |
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Dordrecht
Springer Netherlands
2001, 2001
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| Edition: | 1st ed. 2001 |
| Series: | Law and Philosophy Library
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| Online Access: | |
| Collection: | Springer Book Archives -2004 - Collection details see MPG.ReNa |
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