Aquinas in the Courtroom: Lawyers, Judges, and Judicial Conduct

Aquinas in the Courtroom: Lawyers, Judges, and Judicial Conduct

by Charles Nemeth
     
 
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. St. Thomas's discourse on such topics as procedural law, judicial and advocate conduct and character

Overview

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. St. Thomas's discourse on such topics as procedural law, judicial and advocate conduct and character, criminal and civil practice standards, and sentencing guidelines provides a blueprint for the Christian lawyer and judge by laying out the professional and ethical parameters that make the actor operate in accordance with reason and morality. This text on Thomistic jurisprudence challenges the current beliefs of law and the justice system, the functions of lawyers, advocates, and judges, and traditional views on evidence and punishment, and suggests a return to the roots of the system, in which reason, virtue, and justice guide the law and its practice. Lawyers, judges, students, and scholars should find in these pages a unique approach to renewing our beleaguered justice system.Relying on extensive quotations from the works of St. Thomas Aquinas, the author begins the text with an explication of St. Thomas's influences, legal philosophy, and thoughts on virtue and the law. He then devotes several chapters to specific concepts in Thomistic jurisprudence, including prudence, the common good, judicial process, judgment, and punishment. The final chapters analyze the role of lawyers and judges, and argues for the need for the application of the Thomistic model of jurisprudence to our criminal justice system.

Editorial Reviews

Booknews
Decrying the state of American jurisprudence as an amoral wasteland where the law is legitimate simply because it exists and not because it depends on some moral order for its justifications, Nemeth (criminal justice, State U. of New York, Brockport) offers the thought of St. Thomas Aquinas as a corrective. After an introductory chapter explaining the antecedents of Thomistic thought, chapters focus on the natures of justice, prudence, and the common good; the role of judges, lawyers, and advocates; sentencing and punishment; and the neccessity of basing the legal system on Thomistic "natural law" in order to achieve a universal and immutable jurisprudence. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Product Details

ISBN-13:
9780275972905
Publisher:
ABC-CLIO, Incorporated
Publication date:
07/30/2001
Series:
Contributions in Philosophy Series
Edition description:
New Edition
Pages:
240
Sales rank:
1,274,745
Product dimensions:
6.00(w) x 9.00(h) x 0.50(d)

Meet the Author

CHARLES P. NEMETH is Professor of Criminal Justice at the State University of New York at Brockport. He has published more than two dozen texts on a wide range of subjects.

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