By Alan M. Dershowitz

The well known lawyer and bestselling writer unearths how striking trials all through our background have helped to form our kingdom. delivering insights into the human situation, those trials function a ancient rfile, chronicling the struggles and passions in their time.

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I-II. 93. 2. ibid.. I-II. 94. 2. , I-II. 94. 4. , I-II. 95. 3. 43 ibid. , I-II. 94. 5. 39 40 32 CHAPTER 2 THE NARROW DEFINITION OF CONSCIENCE The term conscientia in the theory of Aquinas has a specific and technical meaning. ,,45 Its role is "to witness, to bind, to incite, and also to accuse, to torment, or to rebuke. '046 At the same time conscientia is not responsible for finding this knowledge. In the understanding of Aquinas it is a mere application of the general knowledge of moral truth to the concrete situations of life.

Petrazycki's theory provides also an ideal of judicial intuitive law expressed in the terms of ethical love. However, as it was shown in the previous chapter, his theory of conscience, and especially his vision of ethical love, were left undeveloped. There are several questions in his theory to which Petrazycki did not give sufficient answers. Firstly, is there a common content of the intuitive law which is shared by members of the society including the judges? Secondly, how to explain and solve the conflict of intuitive laws amongst the members of society?

42. 41. 61 Haering B. 'Conscience: The Sanctuary of creative Fidelity and Liberty. /I Introduction to Christian Ethics. - Ed. by R. Hamel. : Paulist Press, 1989. - P. 257. , p. 256-257. , p. 257. 58 59 THOMAS AQUINAS ON CONSCIENCE 35 PRUDENCE AND CONSCIENCE The consideration of the concept of prudentia helps to meet the objection that the account of conscience given by Aquinas is a simplification of what conscience really is. It is evident that the idea of conscience in the Thomistic theory cannot be taken seriously without consideration of prudence as the way that moral judgements are made.

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