By Alexander Nikolaevich Shytov
THE sense of right and wrong OF JUDGES AND APPLICA nON OF felony principles The publication is dedicated to the matter of the impression of ethical decisions at the results of judicial decision-making within the technique of program of the demonstrated (positive) legislations. it's the judgment of right and wrong of judges that takes the principal position within the examine. judgment of right and wrong is known within the which means built within the thought of Thomas Aquinas because the complicated skill 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. the explanation why we want a concept of moral sense in making judicial judgements lies within the nature of the confident legislation itself. at the one hand, there's an intrinsic clash among the legislation because the physique of inflexible ideas and the legislations as an dwelling adventure of these who're concerned with social relationships. This clash rather reveals its expression within the collision of strict justice and fairness. the belief of fairness doesn't reject the significance of principles in felony lifestyles. what's rejected is an idolatrous angle to the principles whilst the individuality of a man or woman, his good being and happiness are omitted and sacrificed so one can fulfil the observance of the foundations. the principles themselves are neither strong or undesirable. What makes them solid or undesirable is their application.
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Extra info for Conscience and Love in Making Judicial Decisions
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. 35 8. Through setting these ends natural law through the acts of conscience establishes the limits and functions for any human laws. ,,36 And it is conscience (synderesis) which contains the criteria of consistency of human law with the content of natural law. This, not exclusive, list of the features of natural law helps us to understand the place and significance of conscience as a moral faculty.
7 8 THOMAS AQUINAS ON CONSCIENCE 25 From this theological vision of human nature and the need of God's grace for man's moral well-being springs the importance of conscience in the life of human beings and society as the whole. The chief contribution of Thomas Aquinas to the problems of conscience is his idea that one must act in accordance with one's conscience. ,,15 This requirement is fundamental when approaching the ethical aspects ofj}ldicial activities. " Finnis' interpretation of Aquinas is that acting according to conscience is a realisation of human nature as a reasonable being.
If it is a command of conscience of a lawgiver, let say Stalin, then there might be no moral ground to disobey the command of the sovereign. The picture dramatically changes if one assumes, as Aquinas did, that a command of good conscience is based on a rational comprehension of the will of God. The command of conscience becomes invincible, and even if Stalin may command anything else, a judge must follow good conscience. There are two main implications of Aquinas's theological idea of conscience for judicial decision-making.
Conscience and Love in Making Judicial Decisions by Alexander Nikolaevich Shytov