Law S Virtues

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Law's Virtues

Cathleen Kaveny
Law s Virtues Book PDF

Author : Cathleen Kaveny
Publisher : Georgetown University Press
Page : 306 pages
File Size : 48,8 Mb
Release : 2012-09-20
Category : Religion
ISBN : 9781589019331

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Law's Virtues by Cathleen Kaveny Pdf

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.

The Faces of Virtue in Law

Amalia Amaya,Claudio Michelon
The Faces of Virtue in Law Book PDF

Author : Amalia Amaya,Claudio Michelon
Publisher : Routledge
Page : 186 pages
File Size : 53,7 Mb
Release : 2020-06-09
Category : Law
ISBN : 9781000029277

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The Faces of Virtue in Law by Amalia Amaya,Claudio Michelon Pdf

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.

Law, Virtue and Justice

Amalia Amaya,Hock Lai Ho
Law Virtue and Justice Book PDF

Author : Amalia Amaya,Hock Lai Ho
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 46,7 Mb
Release : 2012-12-20
Category : Law
ISBN : 9781782250333

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Law, Virtue and Justice by Amalia Amaya,Hock Lai Ho Pdf

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.

Virtue and Law in Plato and Beyond

Julia Annas
Virtue and Law in Plato and Beyond Book PDF

Author : Julia Annas
Publisher : Oxford University Press
Page : 243 pages
File Size : 40,9 Mb
Release : 2017
Category : Philosophy
ISBN : 9780198755746

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Virtue and Law in Plato and Beyond by Julia Annas Pdf

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.

Second-Best Justice

J. Mark Ramseyer
Second Best Justice Book PDF

Author : J. Mark Ramseyer
Publisher : University of Chicago Press
Page : 296 pages
File Size : 55,8 Mb
Release : 2015-11-19
Category : Law
ISBN : 9780226282046

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Second-Best Justice by J. Mark Ramseyer Pdf

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, Virtue and Justice

Amalia Amaya,Ho Hock Lai
Law Virtue and Justice Book PDF

Author : Amalia Amaya,Ho Hock Lai
Publisher : Unknown
Page : 328 pages
File Size : 41,9 Mb
Release : 2013
Category : Electronic books
ISBN : 1472566297

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Law, Virtue and Justice by Amalia Amaya,Ho Hock Lai Pdf

"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"--Page [i].

Law's Virtues

Cathleen Kaveny
Law s Virtues Book PDF

Author : Cathleen Kaveny
Publisher : Georgetown University Press
Page : 306 pages
File Size : 51,9 Mb
Release : 2012-09-20
Category : Law
ISBN : 9781589019324

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Law's Virtues by Cathleen Kaveny Pdf

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.

The Book of Virtues

William J. Bennett
The Book of Virtues Book PDF

Author : William J. Bennett
Publisher : Simon and Schuster
Page : 1917 pages
File Size : 43,7 Mb
Release : 2010-05-11
Category : Education
ISBN : 9781439126257

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The Book of Virtues by William J. Bennett Pdf

Responsibility. Courage. Compassion. Honesty. Friendship. Persistence. Faith. Everyone recognizes these traits as essentials of good character. In order for our children to develop such traits, we have to offer them examples of good and bad, right and wrong. And the best places to find them are in great works of literature and exemplary stories from history. William J. Bennett has collected hundreds of stories in The Book of Virtues, an instructive and inspiring anthology that will help children understand and develop character -- and help adults teach them. From the Bible to American history, from Greek mythology to English poetry, from fairy tales to modern fiction, these stories are a rich mine of moral literacy, a reliable moral reference point that will help anchor our children and ourselves in our culture, our history, and our traditions -- the sources of the ideals by which we wish to live our lives. Complete with instructive introductions and notes, The Book of Virtues is a book the whole family can read and enjoy -- and learn from -- together.

Philo of Alexandria: On Virtues

Philo (of Alexandria.)
Philo of Alexandria On Virtues Book PDF

Author : Philo (of Alexandria.)
Publisher : BRILL
Page : 501 pages
File Size : 48,7 Mb
Release : 2010-11-19
Category : Religion
ISBN : 9789004189072

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Philo of Alexandria: On Virtues by Philo (of Alexandria.) Pdf

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.

Virtue and Law in Plato and Beyond

Julia Annas
Virtue and Law in Plato and Beyond Book PDF

Author : Julia Annas
Publisher : Oxford University Press
Page : 256 pages
File Size : 44,6 Mb
Release : 2017-10-13
Category : Philosophy
ISBN : 9780191072390

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Virtue and Law in Plato and Beyond by Julia Annas Pdf

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.

Virtue in Global Governance

Jan Klabbers
Virtue in Global Governance Book PDF

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 337 pages
File Size : 52,9 Mb
Release : 2022-08-11
Category : Law
ISBN : 9781009203227

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Virtue in Global Governance by Jan Klabbers Pdf

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.

Virtue Jurisprudence

C. Farrelly,L. Solum
Virtue Jurisprudence Book PDF

Author : C. Farrelly,L. Solum
Publisher : Springer
Page : 268 pages
File Size : 45,9 Mb
Release : 2019-06-12
Category : Philosophy
ISBN : 9781349600731

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Virtue Jurisprudence by C. Farrelly,L. Solum Pdf

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.

Plato on Virtue and the Law

Sandrine Berges
Plato on Virtue and the Law Book PDF

Author : Sandrine Berges
Publisher : A&C Black
Page : 188 pages
File Size : 54,8 Mb
Release : 2011-11-03
Category : Philosophy
ISBN : 9781441133045

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Plato on Virtue and the Law by Sandrine Berges Pdf

Ancient philosophy is no longer an isolated discipline. Recent years have seen the development of a dialogue between ancient and contemporary philosophers writing on central issues in moral and political philosophy. The renewed interest in character and virtue as ethical concepts is one such issue, yet Plato's contribution has been largely neglected in contemporary virtue ethics. In Plato on Virtue and the Law, Sandrine Berges seeks to address this gap in the literature by exploring the contribution that virtue ethics make to the understanding of laws alongside the interesting and plausible insights into current philosophical concerns evident in Plato's dialogues. The book argues that a distinctive virtue theory of law is clearly presented in Plato's political dialogues. Through a new reading of the Crito, Menexenus, Gorgias, Republic, Statesman and Laws, Berges shows how Plato proposes several ways in which we can understand the law from the perspective of virtue ethics.

Virtue and Law in Plato and Beyond

Julia Annas
Virtue and Law in Plato and Beyond Book PDF

Author : Julia Annas
Publisher : Unknown
Page : 128 pages
File Size : 51,5 Mb
Release : 2017
Category : PHILOSOPHY
ISBN : 0191816892

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Virtue and Law in Plato and Beyond by Julia Annas Pdf

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.

Europe's Passive Virtues

JAN. ZGLINSKI,Jan Zglinski
Europe s Passive Virtues Book PDF

Author : JAN. ZGLINSKI,Jan Zglinski
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 51,9 Mb
Release : 2020-06-04
Category : Law
ISBN : 9780198844792

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Europe's Passive Virtues by JAN. ZGLINSKI,Jan Zglinski Pdf

The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.