Law's Virtues

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Author :
Publisher : Georgetown University Press
ISBN 13 : 1589019334
Total Pages : 306 pages
Book Rating : 4.5/5 (89 download)

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Book Synopsis Law's Virtues by : Cathleen Kaveny

Download or read book Law's Virtues written by Cathleen Kaveny and published by Georgetown University Press. This book was released on 2012-09-20 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.

Law, Virtue and Justice

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250336
Total Pages : 336 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law, Virtue and Justice by : Amalia Amaya

Download or read book Law, Virtue and Justice written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2012-12-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher : Routledge
ISBN 13 : 1000029271
Total Pages : 186 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Faces of Virtue in Law by : Amalia Amaya

Download or read book The Faces of Virtue in Law written by Amalia Amaya and published by Routledge. This book was released on 2020-06-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Second-Best Justice

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022628204X
Total Pages : 296 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Second-Best Justice by : J. Mark Ramseyer

Download or read book Second-Best Justice written by J. Mark Ramseyer and published by University of Chicago Press. This book was released on 2015-11-19 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.

Law's Virtues

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Author :
Publisher : Georgetown University Press
ISBN 13 : 1589019326
Total Pages : 306 pages
Book Rating : 4.5/5 (89 download)

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Book Synopsis Law's Virtues by : Cathleen Kaveny

Download or read book Law's Virtues written by Cathleen Kaveny and published by Georgetown University Press. This book was released on 2012-09-20 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.

Virtue, Rules, and Justice

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199692009
Total Pages : 383 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Virtue, Rules, and Justice by : Thomas E. Hill Jr.

Download or read book Virtue, Rules, and Justice written by Thomas E. Hill Jr. and published by Oxford University Press. This book was released on 2012-05-31 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas E. Hill, Jr., interprets and extends Kant's moral theory in a series of essays that highlight its relevance to contemporary ethics. He introduces the major themes of Kantian ethics and explores its practical application to questions about revolution, prison reform, and forcible interventions in other countries for humanitarian purposes.

Law’s Abnegation

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674974719
Total Pages : 208 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law’s Abnegation by : Adrian Vermeule

Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

Virtue and Law in Plato and Beyond

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198755740
Total Pages : 243 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Virtue and Law in Plato and Beyond by : Julia Annas

Download or read book Virtue and Law in Plato and Beyond written by Julia Annas and published by Oxford University Press. This book was released on 2017 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Julia Annas presents a study of Plato's account of the relation of virtue to law: how it developed from the Republic to the Laws, and how his ideas were taken up by Cicero and by Philo of Alexandria. Annas shows that, rather than rejecting the approach to an ideal society in the Republic (as generally thought), Plato is in both dialogues concerned with the relation of virtue to law, and obedience to law, and presents, in the Laws, a more careful and sophisticated account of that relation. His approach in the Laws differs from his earlier one, because he now tries to build from the political cultures of actual societies (and their histories) instead of producing a theoretical thought-experiment. Plato develops an original project in which obedience to law is linked with education to promote understanding of the laws and of the virtues which obedience to them promote. Annas also explores how this project appeals independently to the very different later writers Cicero and Philo of Alexandria.

Dealing in Virtue

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Author :
Publisher : University of Chicago Press
ISBN 13 : 9780226144238
Total Pages : 364 pages
Book Rating : 4.1/5 (442 download)

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Book Synopsis Dealing in Virtue by : Yves Dezalay

Download or read book Dealing in Virtue written by Yves Dezalay and published by University of Chicago Press. This book was released on 1996 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.

On the Embassy to Gaius

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Author :
Publisher : DigiCat
ISBN 13 :
Total Pages : 93 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis On the Embassy to Gaius by : Philo

Download or read book On the Embassy to Gaius written by Philo and published by DigiCat. This book was released on 2023-11-19 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ancient Roman history text, translated by Charles Yonge, and written by the Greek philosopher Philo of Alexandria. The Embassy to Gaius was a meeting between Gaius Caligula, the then Roman Emperor, and a large contingent of Jews. They wished to overturn Gaius' plans to have a huge statue of Zeus installed in the temple. Gaius' hatred of the Jews is legendary. This book is important because it helps to understand the relations between Jews and Romans in the first century A.D.

The Virtues in Medical Practice

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199748756
Total Pages : 222 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Virtues in Medical Practice by : Edmund D. Pellegrino

Download or read book The Virtues in Medical Practice written by Edmund D. Pellegrino and published by Oxford University Press. This book was released on 1993-11-11 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, virtue theories have enjoyed a renaissance of interest among general and medical ethicists. This book offers a virtue-based ethic for medicine, the health professions, and health care. Beginning with a historical account of the concept of virtue, the authors construct a theory of the place of the virtues in medical practice. Their theory is grounded in the nature and ends of medicine as a special kind of human activity. The concepts of virtue, the virtues, and the virtuous physician are examined along with the place of the virtues of trust, compassion, prudence, justice, courage, temperance, and effacement of self-interest in medicine. The authors discuss the relationship between and among principles, rules, virtues, and the philosophy of medicine. They also address the difference virtue-based ethics makes in confronting such practical problems as care of the poor, research with human subjects, and the conduct of the healing relationship. This book with the author's previous volumes, A Philosophical Basis of Medical Practice and For the Patient's Good, are part of their continuing project of developing a coherent moral philosophy of medicine.

Virtue Jurisprudence

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Author :
Publisher : Springer
ISBN 13 : 1349600733
Total Pages : 268 pages
Book Rating : 4.3/5 (496 download)

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Book Synopsis Virtue Jurisprudence by : C. Farrelly

Download or read book Virtue Jurisprudence written by C. Farrelly and published by Springer. This book was released on 2019-06-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Rules of Civility and Decent Behavior in Company and Conversation

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Author :
Publisher : Bnpublishing.Com
ISBN 13 : 9789562911771
Total Pages : 52 pages
Book Rating : 4.9/5 (117 download)

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Book Synopsis Rules of Civility and Decent Behavior in Company and Conversation by : George Washington

Download or read book Rules of Civility and Decent Behavior in Company and Conversation written by George Washington and published by Bnpublishing.Com. This book was released on 2007-06-01 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Virtue in Global Governance

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Publisher : Cambridge University Press
ISBN 13 : 1009203223
Total Pages : 337 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Virtue in Global Governance by : Jan Klabbers

Download or read book Virtue in Global Governance written by Jan Klabbers and published by Cambridge University Press. This book was released on 2022-08-11 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law.

The Priority of Prudence

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Author :
Publisher : Penn State University Press
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Priority of Prudence by : Daniel Mark Nelson

Download or read book The Priority of Prudence written by Daniel Mark Nelson and published by Penn State University Press. This book was released on 1992 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Priority of Prudence, Daniel Mark Nelson proposes a reappropriation of a moral perspective that focuses on the cardinal virtues of courage, temperance, justice, and prudence. The study aims to recover and rehabilitate the virtue of prudence as a way of resuming a moral conversation that has been stalemated for too long. Nelson's main source for reviving the virtue of prudence is St. Thomas Aquinas's account of the cardinal virtues in the Summa Theologica. A primary problem with using Aquinas as a source for reviving an ethics of virtue centered on prudence is that he is commonly perceived as the most prominent figure in the conflicting natural-law tradition. According to Nelson's reinterpretation, however, Aquinas teaches that moral understanding depends first and foremost on prudence working in accord with other cardinal virtues and that natural law functions to explain moral reasoning rather than to guide it. This study serves to advance the debate about the contemporary relevance of an ethics of virtue by way of its significantly more detailed explication of prudence. Nelson makes important connections between influential reinterpretations of the ethical theory of Aquinas that have been published during the last thirty years and widespread interest in an ethics of virtue that has been expressed by Alasdair Maclntyre, Stanley Hauerwas, William Sullivan, Robert Bellah, and others. The Priority of Prudence represents a significant contribution to the scholarly literature both in the study of Aquinas and in the debate on the ethics of virtue.

Virtue and Law in Plato and Beyond

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191072400
Total Pages : 256 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Virtue and Law in Plato and Beyond by : Julia Annas

Download or read book Virtue and Law in Plato and Beyond written by Julia Annas and published by Oxford University Press. This book was released on 2017-10-06 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Julia Annas presents a study of Plato's account of the relation of virtue to law: how it developed from the Republic to the Laws, and how his ideas were taken up by Cicero and by Philo of Alexandria. Annas shows that, rather than rejecting the approach to an ideal society in the Republic (as generally thought), Plato is in both dialogues concerned with the relation of virtue to law, and obedience to law, and presents, in the Laws, a more careful and sophisticated account of that relation. His approach in the Laws differs from his earlier one, because he now tries to build from the political cultures of actual societies (and their histories) instead of producing a theoretical thought-experiment. Plato develops an original project in which obedience to law is linked with education to promote understanding of the laws and of the virtues which obedience to them promote. Annas also explores how this project appeals independently to the very different later writers Cicero and Philo of Alexandria.

Philo of Alexandria: On Virtues

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Author :
Publisher : BRILL
ISBN 13 : 9004189076
Total Pages : 501 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Philo of Alexandria: On Virtues by : Philo (of Alexandria.)

Download or read book Philo of Alexandria: On Virtues written by Philo (of Alexandria.) and published by BRILL. This book was released on 2010-11-19 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the treatise On Virtues, Philo of Alexandria demonstrates how Moses, the constitution he established, and the community that follows its laws embody certain moral ideals (courage, humanity, repentance, and nobility) that were widely admired in the Greco-Roman world.