Conscience and Love in Making Judicial Decisions by Alexander Nikolaevich Shytov

By Alexander Nikolaevich Shytov

THE moral sense OF JUDGES AND APPLICA nON OF criminal principles The e-book is dedicated to the matter of the impression of ethical decisions at the results of judicial decision-making within the strategy of program of the validated (positive) legislation. it's the moral sense of judges that takes the vital position within the learn. sense of right and wrong is known within the which means built within the thought of Thomas Aquinas because the complicated potential of the person to make ethical decisions which characterize acts of cause at the query of what's wrong or right in a specific state of affairs. reasons why we want a idea of sense of right and wrong in making judicial judgements lies within the nature of the confident legislations itself. at the one hand, there's an intrinsic clash among the legislation because the physique of inflexible ideas and the legislation as an dwelling event of these who're all in favour of social relationships. This clash really reveals its expression within the collision of strict justice and fairness. the assumption of fairness doesn't reject the significance of principles in criminal existence. what's rejected is an idolatrous perspective to the foundations whilst the individuality of a person, his good­ being and happiness are passed over and sacrificed that allows you to fulfil the observance of the foundations. the principles themselves are neither sturdy or undesirable. What makes them sturdy or undesirable is their application.

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A different approach to natural law is found in the works of another prominent Legal Realist: Karl Llewellyn. He, however, has not elaborated a detailed theory of natural law. Llewellyn has given only a sketch of his conception of natural law. His vision of natural law has some common features with that of Petrazycki. As has been already described, Petrazycki's concept of natural law comprises two ideas: the idea of the intuitive law and the idea of the model for legal policy. Both ideas are to a greater or lesser degree present in Llewellyn's theory.

The precepts of natural law have a binding force for every human being. 3o 4. Like other kinds of law, natural law exists in two ways: firstly, in the reason of the sovereign, secondly, in those who are ruled by the law. ,,32 5. ,,33 6. This impression of divine light is located in conscience in its broader sense which includes synderesis, that is intuitive grasp of the moral principles. 34 I shall consider the concept of synderesis later in detail. 7. Possessing the knowledge of natural law, conscience (synderesis) informs us of the ends of human existence, and it directs our activities to these ends.

4. , I-II. 96. 4. 24 ibid. 2S ibid. 26 ibid. 27 ibid. 22 23 THOMAS AQUINAS ON CONSCIENCE 29 understanding of the place of conscience in the moral life of the human being, but also on the whole morality of judicial decision-making. The Word of God contained in the Scriptures becomes paramount for identification of moral truth and testing our intuitive knowledge of it. The Scriptures also become a guiding book full of examples how moral truth should be applied by the acts of conscience. Thus, the relevance of Aquinas's theory of conscience to modern legal theory consists in that it can contribute to the exposition of what good conscience is, and offer theological justification for the standards of good conscience.

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