ABSTRACT
Most of the problems with the discussion of conscience in the case law arise from a perception that a conscience is subjective. A conscience is an objectively constituted part of the psyche through which society’s values are imported into the individual’s mind. The model of conscience that is advanced by Freud and Jung in psychoanalysis, by Kant in philosophy, and even in the form of etymology of the word ‘conscience’, all perceive it as being outside the conscious mind and as being comprised of objective elements. If the conscience is objective in that sense then it is an appropriate measuring device for assessing the behaviour of defendants.
