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Virtue Jurisprudence
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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.
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.
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.
Book Synopsis Virtue, Emotion and Imagination in Law and Legal Reasoning by : Amalia Amaya
Download or read book Virtue, Emotion and Imagination in Law and Legal Reasoning written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis From Morality to Law and Back Again by : Michelle Madden Dempsey
Download or read book From Morality to Law and Back Again written by Michelle Madden Dempsey and published by Oxford University Press. This book was released on 2023-07-18 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.
Book Synopsis Virtue Jurisprudence by : Farrelly C.; Solum L.
Download or read book Virtue Jurisprudence written by Farrelly C.; Solum L. and published by . This book was released on 2007-10-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice as a Virtue written by Porter and published by Wm. B. Eerdmans Publishing. This book was released on 2016 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Aquinas," says Jean Porter, "gets justice right." In this book she shows that Aquinas offers us a cogent and illuminating account of justice as a personal virtue rather than a virtue of social institutions. For Aquinas, justice is more about interpersonal morality than civic or social obligations, and Porter masterfully draws out the contemporary significance of Aquinas's perspective. - back of book.
Book Synopsis The Philosophy of Law by : Immanuel Kant
Download or read book The Philosophy of Law written by Immanuel Kant and published by . This book was released on 1887 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Coercing Virtue written by Robert H. Bork and published by Vintage Canada. This book was released on 2010-07-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Private and commercial law in a European and global context by : Klaus Peter Berger
Download or read book Private and commercial law in a European and global context written by Klaus Peter Berger and published by Walter de Gruyter. This book was released on 2006 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mit dieser Festschrift wird ein Rechtswissenschaftler ersten Ranges geehrt. Er zeichnet sich durch die enorme Bandbreite seiner wissenschaftlichen Interessen und Aktivitäten ebenso aus wie durch seine Mittlerrolle zwischen rechtswissenschaftlicher Theorie und juristischer Praxis. Die in dieser Festschrift veröffentlichten Beiträge spiegeln die außergewöhnliche Bandbreite des Wirkens und des Werkes von Norbert Horn wider. Die Themen reichen vom allgemeinen Vertrags- und Bankprivatrecht über das Gesellschafts- und Unternehmensrecht bis hin zum Wirtschaftsverfassungsrecht und den geschichtlichen und theoretischen Zusammenhängen des Rechts.
Book Synopsis Valiant Judges, Iniquitous Law by : Hans Petter Graver
Download or read book Valiant Judges, Iniquitous Law written by Hans Petter Graver and published by Taylor & Francis. This book was released on 2023-09-11 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Middle-Income Trap by : Zhijie Zheng
Download or read book Middle-Income Trap written by Zhijie Zheng and published by Springer Nature. This book was released on 2020-09-21 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the essence of the middle-income trap based on two major perspectives, namely “economic transformation” and “social transformation”. China has experienced high-speed economic growth for nearly 40 years since the adoption of the Reform and Opening policies. However, China’s economic growth has been slowing down significantly in recent years. Has China tumbled into the middle-income trap? This book reveals the essence of the middle-income trap is that a country's economic growth is facing a "double squeeze" in the middle-income stage, while the social structure and system are unsuitable for the new social development stage, which leads to economic stagnation or recession, and the aggravation of social contradictions, that is, the double predicament of economic transformation and social transformation. This judgment is of great value for understanding the problems encountered in the current development of China.
Book Synopsis The Philosophy of Law by : Immanuel Kant
Download or read book The Philosophy of Law written by Immanuel Kant and published by . This book was released on 1887 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rule of Law and the Separation of Powers by : Richard Bellamy
Download or read book The Rule of Law and the Separation of Powers written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
Download or read book Justice written by Mark LeBar and published by Oxford University Press. This book was released on 2018-08-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author :Liesbeth Huppes-Cluysenaer Publisher :Springer Science & Business Media ISBN 13 :9400760310 Total Pages :276 pages Book Rating :4.4/5 (7 download)
Book Synopsis Aristotle and The Philosophy of Law: Theory, Practice and Justice by : Liesbeth Huppes-Cluysenaer
Download or read book Aristotle and The Philosophy of Law: Theory, Practice and Justice written by Liesbeth Huppes-Cluysenaer and published by Springer Science & Business Media. This book was released on 2013-02-14 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
