The Legal Conscience
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The Legal Conscience Selected Papers
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Author : Felix S. Cohen
language : en
Publisher:
Release Date : 2003-01
The Legal Conscience Selected Papers written by Felix S. Cohen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01 with categories.
The Legal Conscience
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Author : Felix S. Cohen
language : en
Publisher:
Release Date : 1960
The Legal Conscience written by Felix S. Cohen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with Indians of North America categories.
The Legal Conscience
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Author : Lucy Kramer Cohen
language : en
Publisher:
Release Date : 1970
The Legal Conscience written by Lucy Kramer Cohen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Indians of North America categories.
The Legal Conscience Selected Papers Of Felix S Cohen
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Author : Alessandro Passerin d'Entrèves
language : en
Publisher:
Release Date : 1962
The Legal Conscience Selected Papers Of Felix S Cohen written by Alessandro Passerin d'Entrèves and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with categories.
Conscience And Love In Making Judicial Decisions
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Author : Alexander Nikolaevich Shytov
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Conscience And Love In Making Judicial Decisions written by Alexander Nikolaevich Shytov and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Philosophy categories.
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Conscience Equity And The Court Of Chancery In Early Modern England
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Author : Dennis R. Klinck
language : en
Publisher: Routledge
Release Date : 2016-05-23
Conscience Equity And The Court Of Chancery In Early Modern England written by Dennis R. Klinck and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with History categories.
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
The Legal Conscience Selected Papers Of Felix S Cohen Scholar S Choice Edition
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Author : Felix S. Cohen
language : en
Publisher: Scholar's Choice
Release Date : 2015-02-15
The Legal Conscience Selected Papers Of Felix S Cohen Scholar S Choice Edition written by Felix S. Cohen and has been published by Scholar's Choice this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-15 with Indians of North America categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Legal Conscience Selected Papers Of Felix S Olomon Cohen D By Lucy Kramer Cohen Introd By Eugene V Rostow
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Author : Felix Solomon Cohen
language : en
Publisher:
Release Date : 1960
The Legal Conscience Selected Papers Of Felix S Olomon Cohen D By Lucy Kramer Cohen Introd By Eugene V Rostow written by Felix Solomon Cohen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with categories.
Conscience Obligation And The Law
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Author : David Cowan Bayne
language : en
Publisher:
Release Date : 1966
Conscience Obligation And The Law written by David Cowan Bayne and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Civil law categories.
The Conscience Of The Courts
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Author : Graham Hughes
language : en
Publisher: Anchor
Release Date : 1975
The Conscience Of The Courts written by Graham Hughes and has been published by Anchor this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with Law categories.