Abstract
Acknowledgements. Introduction. Part I: Conscience and Legal Reasoning. 1. Legal reasoning in the theory of Petrazycki. 2. Thomas Aquinas on conscience. 3. Aquinas's theory of conscience and legal reasoning. 4. Theories of legal reasoning and types of judicial conscience. Part II: Agapic Casuistry in Judicial Decision Making. 5. The method of casuistry. 6. Love as the source of agapic casuistry. 7. Impartial sympathy as an implication of agapic casuistry. 8. Watchfulness as an implication of agapic casuistry. Part III: Agapic Casuistry in Action. 9. Natural justice and conscience of the judges in case Ridge v. Baldwin. 10. Sympathy judgments and the declaratory power of the High Court of Justiciary. 11. Sympathy judgements of conscience in the Russian Constitutional Court. 12. Sympathy judgments of conscience in the European Court of Human Rights. Conclusions. Bibliography. Index.
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