aquinas in the courtroom lawyers judges and judicial conduct

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Aquinas In The Courtroom

Author : Charles P. Nemeth
ISBN : 0313319294
Genre : Law
File Size : 21. 75 MB
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Using St. Thomas Aquinas's natural law philosophy and Divine Exemplar argument to prompt new discussion of ethical questions that lawyers and judges should confront, the author delivers a complete occupational profile for the professional conduct of judges and lawyers. This text challenges current beliefs and suggests a return to the "roots" of the system, in which reason, virtue, and justice guide the law and its practice.

Catholic Perspectives On Crime And Criminal Justice

Author : Willard M. Oliver
ISBN : 0739117475
Genre : Law
File Size : 33. 71 MB
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Drawing upon Catholic social teaching, traditional writings, and Sacred Scripture, Catholic Perspectives on Crime and Criminal Justice presents a Catholic perspective of crime and criminal justice in America.

Aquinas And Modern Law

Author : JamesBernard Murphy
ISBN : 9781351576222
Genre : Law
File Size : 79. 40 MB
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This volume collects some of the best recent writings on St. Thomas?s philosophy of law and includes a critical examination of Aquinas?s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas?s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.

Thomas Aquinas And The Philosophy Of Punishment

Author : Peter Karl Koritansky
ISBN : 9780813218830
Genre : Philosophy
File Size : 71. 2 MB
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Thomas Aquinas and the Philosophy of Punishment explores how Aquinas's understandings of natural law and the common good apply to the contemporary philosophical discussion of punitive justice.

Liberty And Law

Author : Brian Tierney
ISBN : 9780813225814
Genre : Law
File Size : 47. 63 MB
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Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.

Aquinas And King

Author : Charles P. Nemeth
ISBN : 1594606382
Genre : Political Science
File Size : 74. 30 MB
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During the tumult of the 1960's, the American character was tested in extraordinary ways¿none more pressing than the rightful clamor for civil rights in Black community. Existing laws institutionalized the second class citizenry in many quarters and courts were very unsympathetic to the obvious injustices coursing through the American experience. Laws were aplenty¿most of which served to maintain the unjust status quo. Those seeking reform had a variety of options open when challenging these wrongs. Consider the life and times of Martin Luther King, Jr. How did Dr. King arrive at a philosophy of nonviolent civil disobedience to the inequalities of his day? Why did he choose this method of structural challenge over the other options? Dr. King could have gone in very different directions. Why did he passionately urge his followers to lay down the sword, to accept suffering and humiliation rather than strike his errant and hateful neighbor, and to willingly and very humbly experience the jail cell for his alleged crimes? As King relates: "I've seen too much hate to want to hate, myself, and I've seen hate on the faces of too many sheriffs, too many white citizens' councilors, and too many Klansmen of the South to want to hate, myself; and every time I see it, I say to myself, hate is too great a burden to bear." By examining the man, his life and his work, both written and oratorical, the author concludes that Dr. Martin Luther King, Jr., was in fact a Thomist through and through. Not a Thomist on all things, but as to his understanding of law and its corresponding obligation or lack thereof, King is the ultimate Thomist. In his letters and writings, texts and speeches, King is a regular advocate of the philosophy of St. Thomas Aquinas. A reader can feel the respect that King has for Thomist principles, and in a sense, Thomism is the "antidote" against the ravages of modernity. King's theory of civil disobedience classically adheres to the teachings of St. Thomas Aquinas. Amazingly, he even tells us about his allegiance to the philosophy of St. Thomas. That is what this work is all about¿a discourse on and a discernment into the compatibility of both men and a revelation that once again, St. Thomas had the answers long before the problem ever emerged.

The Moral Compass Of The American Lawyer

Author : Richard A. Zitrin
ISBN : 9780307807410
Genre : Social Science
File Size : 87. 15 MB
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These are perilous times for Americans who need access to the legal system. Too many lawyers blatantly abuse power and trust, engage in reckless ethical misconduct, grossly unjust billing practices, and dishonesty disguised as client protection. All this has undermined the credibility of lawyers and the authority of the legal system. In the court of public opinion, many lawyers these days are guiltier than the criminals or giant corporations they defend. Is the public right? In this eye-opening, incisive book, Richard Zitrin and Carol Langford, two practicing lawyers and distinguished law professors, shine a penetrating light on the question everyone is asking: Why do lawyers behave the way they do? All across the country, lawyers view certain behavior as "ethical" while average citizens judge that same conduct "immoral." Now, with expert analysis of actual cases ranging from murder to class action suits, Zitrin and Langford investigate lawyers' behavior and its impact on our legal system. The result is a stunningly clear-eyed exploration of law as it is practiced in America today--and a cogent, groundbreaking program for legal reform. From the Trade Paperback edition.

Natural Law In Court

Author : R. H. Helmholz
ISBN : 9780674504615
Genre : Law
File Size : 61. 98 MB
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Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

Aquinas On Crime

Author : Charles P. Nemeth
ISBN : 1587310309
Genre : Philosophy
File Size : 50. 39 MB
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Not much escapes the intellect and imagination of the Angelic Doctor, St. Thomas Aquinas. Whether it be love, children, education, moral reasoning, happiness or the proper dispositions for human existence, St. Thomas seems an expert in all of it. Crime and criminal conduct are no exceptions to this general tendency with him. Not only does he have much to say about it, what he relates is perpetually fresh and surely the bedrock of what is now taken for granted. In this short treatise, the focus targets St. Thomas's criminal codification - his law of crimes.

Pure Theory Of Law

Author : Hans Kelsen
ISBN : 0520036921
Genre : Law
File Size : 22. 35 MB
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