Abstract
The main idea of this book is that the judges have a moral duty to comply with the principle: love your neighbour as yourself. In the judicial context love means caring, and neighbours are all those who are affected by court’s decision. The support for this thesis is derived from the psychological theory of Petrazycki and Thomas Aquinas’s theological concept of conscience. Both theories, although in a different way, maintain the supremacy of conscience, but also acknowledge the danger of errors of conscience and the need for its education. Both theories point at love as the essential characteristic of a good conscience. However, the principle of neighbourly love was left by Petrazycki and Aquinas undeveloped.
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References
Detmold M. J. The Unity of Law and Morality. — London: Routledge, 1984. — P. 107.
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© 2001 Springer Science+Business Media Dordrecht
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Shytov, A.N. (2001). Conclusions. In: Conscience and Love in Making Judicial Decisions. Law and Philosophy Library, vol 54. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-9745-6_13
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DOI: https://doi.org/10.1007/978-94-015-9745-6_13
Publisher Name: Springer, Dordrecht
Print ISBN: 978-90-481-5889-8
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