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Conclusions

  • Alexander Nikolaevich Shytov
Part of the Law and Philosophy Library book series (LAPS, volume 54)

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.

References

  1. 1.
    Detmold M. J. The Unity of Law and Morality. — London: Routledge, 1984. — P. 107.Google Scholar

Copyright information

© Springer Science+Business Media Dordrecht 2001

Authors and Affiliations

  • Alexander Nikolaevich Shytov
    • 1
    • 2
  1. 1.Department of LawStavropol State UniversityStavropolRussia
  2. 2.Commercial Law and EthicsMae Jo UniversityChiang MaiThailand

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