Virtue Jurisprudence
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Virtue Jurisprudence
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Author : C. Farrelly
language : en
Publisher: Springer
Release Date : 2019-06-12
Virtue Jurisprudence written by C. Farrelly and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-12 with Philosophy categories.
This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
Law Virtue And Justice
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Author : Amalia Amaya
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-12-20
Law Virtue And Justice written by Amalia Amaya and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-20 with Law categories.
This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality.
The Faces Of Virtue In Law
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Author : Amalia Amaya
language : en
Publisher: Routledge
Release Date : 2020-06-09
The Faces Of Virtue In Law written by Amalia Amaya and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-09 with Law categories.
This book gathers together leading voices in virtue theory—an increasingly influential aspect of legal theory in the 21st century—to take stock of virtue jurisprudence’s evolution and suggest ways in which this approach can be further developed. The contributions address the three main axes along which virtue jurisprudence has unfolded in the past decades: the quest to provide a suitable virtue-based foundation for the law (in general) or for some aspects of it (in particular, but not exclusively, criminal law); the investigation of the role played by character traits in legal decision-making; and the investigation of how the law can be part of a virtuous life. As will become apparent for readers of this volume, those lines are converging and, as they do so, a general virtue-based approach to the study of law is starting to emerge. Crucial in addressing problems with legal experience for which the resources of traditional legal theory are insufficient, this book’s investigation of virtue theory and virtue jurisprudence will be of interest to all of those studying legal decision-making and the philosophy of law, as well as those studying virtue ethics more widely. It was originally published as a special issue of Jurisprudence.
Virtue Emotion And Imagination In Law And Legal Reasoning
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Author : Amalia Amaya
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06
Virtue Emotion And Imagination In Law And Legal Reasoning written by Amalia Amaya and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.
What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
Coercing Virtue
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Author : Robert H. Bork
language : en
Publisher: Vintage Canada
Release Date : 2010-07-07
Coercing Virtue written by Robert H. Bork and has been published by Vintage Canada this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-07 with Law categories.
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
Valiant Judges Iniquitous Law
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Author : Hans Petter Graver
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-11
Valiant Judges Iniquitous Law written by Hans Petter Graver and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-11 with Law categories.
This book is about heroes of law. It provides examples of when judges have exercised courage, moderation, wisdom, and justice rather than blindly following the law. It also discusses the contentious issue of whether a judge has a moral responsibility to defend the rule of law, regardless of what the law actually states. The work presents a collection of thirteen stories about judges who in different settings have stood up against the authorities and public opinion in the defence of the rule of law. An introductory chapter sets the scene with two examples of situations gone wrong when those applying the law have just followed the demands of those in power. The thirteen stories are followed by two theoretical chapters discussing the moral responsibility of the judge. Finally, the book explores the kind of ethical theory required to guide judges in the assessments they must make, and the choices they have to take in order to fulfil their moral responsibilities. It is argued that the classic virtues of courage, moderation, wisdom, and justice are all qualities that can contribute to both sound judgment and reflection. The book thus seeks to nurture a realistic culture and a tradition of cultivating lawyers who defend the rule of law. Against a background where the history of our legal institutions when put to the test, is largely nothing to be proud of, the work seeks to change this by highlighting and reflecting on the exceptions. The book will be illuminating reading for students and academics working in the areas of Jurisprudence, Legal Ethics, and Legal History.
Justice
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Author : Mark LeBar
language : en
Publisher: Oxford University Press
Release Date : 2018-08-01
Justice written by Mark LeBar and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-01 with Philosophy categories.
A blindfolded woman holding a balance and a sword personifies one of our most significant virtues. We find Lady Justice in statues and paintings that adorn courts and other institutions of law, symbolizing strength and impartiality. Yet why do we valorize this virtue primarily as a quality of societies, and secondly as one of individual character? We can trace the virtue of justice to ancient Greece, where virtue ethics began its long evolution. There justice was seen as one of the most prominent virtues - and arguably the most important of the social virtues. With time, political philosophy diverted focus to understanding justice as a property of societies, and discussion of justice as a virtue of individuals diminished. But justice as a virtue of individual character has, along with the other virtues, reasserted itself not only in philosophy but in social psychology and other empirical fields of study. This volume aims to demonstrate the breadth of that thinking and research. It comprises new essays solicited from philosophers and political theorists, psychologists, economists, biologists, and legal scholars. Each contribution focuses on some aspect of what makes people just, either by examining the science that explains the development of justice as a virtue, by highlighting virtue cultivation within distinctive traditions of empirical or philosophical thought, or by adopting a distinctive perspective on justice as an individual trait. As the volume shows, justice begins with the individual, and flows outward to make just laws and just societies.
Aristotle And The Philosophy Of Law Theory Practice And Justice
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Author : Liesbeth Huppes-Cluysenaer
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-02-14
Aristotle And The Philosophy Of Law Theory Practice And Justice written by Liesbeth Huppes-Cluysenaer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.
The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.
The Philosophy Of Law
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Author : Immanuel Kant
language : en
Publisher:
Release Date : 1887
The Philosophy Of Law written by Immanuel Kant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1887 with Ethics categories.
"Kant's Science of right ... was published in 1796, as the first part of his Metaphysic of morals, the ... sequel and completion of the Foundation for a metaphysic of morals, published in 1785."--Pref.
Sovereign Virtue
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2000
Sovereign Virtue written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Equality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In his new book Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation's wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles--first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life--to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.