In a real story and it is very frequent in literature and plots of movies situations when, for example, the lawyer suddenly finds option in almost stalemate, a hole by means of which complex business is allowed in advantage unfairly (or it is deserved – anything happens) of the person accused of crime meet. Such phenomenon even has the name – casuistry.
Casuistry (from Latin – an incident, a case) – in simple terms, this ability of the resourceful proof something doubtful. As a rule, the similar phenomenon meets in such areas and spheres of life as religion, morality and law.
Medieval skholasta * used casuistry as special reception by means of which the case in point, instead of its decision, per se, was split on a set of possible details and nuances and was considered in aspect of this divisibility. Each possible option for each nuance of the matter was in detail developed and analyzed with its subsequent decision.
Concerning morality and morals the significant role in the casuistic solution of a question was played by weight of sins, crimes, difficulty (or ease) performed by any law, etc. Consideration of the case, concerning moral postulates, often left in reasonings and conclusions is very far from the initial point. Casuists tended to give in to temptation and to take away a thought in logical labyrinths, enjoying process and - especially – dexterous total conclusions, unfortunately, often fruitless. In modern law the casuistry is considered as the versatile analysis of business giving the chance by means of various interpretation (legal and logical) to remove and formulate certain principles which existence was not enough for the solution of necessary questions. Owing to the fact that the legislation is constantly updated because of complication of vital conditions, but does not manage to reflect any innovations in the law, casual practice in court becomes not such an unusual occurrence. Scholasticism * - the philosophical current recognizing exclusive superiority Divine, representing belief as the highest universal truth.