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Vol 21 No 11 Nov/Dec 2016

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Conscience and Love in Making Judicial Decisions

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Alexander Nikolaevich ShytovStavrol State University, Russia, and Mae Jo University, Chiang Mai, Thailand

ISBN13: 9781402001680
ISBN: 1402001681
Published: December 2001
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



This title 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 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?

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Contents:
Acknowledgements. Introduction. Part 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. Part 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. Part III: Agapic Casuistry in Action.
9. Natural justice and conscience of the judges in case Ridge v. Baldwin.
10. Sympathy judgments and the declaratory power of the High Court of Justiciary.
11. Sympathy judgements of conscience in the Russian Constitutional Court.
12. Sympathy judgments of conscience in the European Court of Human Rights. Conclusions. Bibliography. Index.