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.
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