Law Virtue And Justice

Author : Amalia Amaya,Hock Lai Ho
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 51,9 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.

Author : C. Farrelly,L. Solum
Publisher : Springer
Page : 268 pages
File Size : 53,5 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.

Author : Porter
Publisher : Wm. B. Eerdmans Publishing
Page : 300 pages
File Size : 43,5 Mb
Release : 2016
Category : Philosophy
ISBN : 9780802873255

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Justice as a Virtue by Porter Pdf

"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.

Author : Thomas E. Hill Jr.,Thomas E. Hill
Publisher : Oxford University Press
Page : 383 pages
File Size : 55,6 Mb
Release : 2012-05-31
Category : Philosophy
ISBN : 9780199692002

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Virtue, Rules, and Justice by Thomas E. Hill Jr.,Thomas E. Hill Pdf

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.

Author : Liesbeth Huppes-Cluysenaer,Nuno M.M.S. Coelho
Publisher : Springer Science & Business Media
Page : 284 pages
File Size : 46,7 Mb
Release : 2013-02-14
Category : Law
ISBN : 9789400760318

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Aristotle and The Philosophy of Law: Theory, Practice and Justice by Liesbeth Huppes-Cluysenaer,Nuno M.M.S. Coelho Pdf

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.

Author : Amalia Amaya,Claudio Michelon
Publisher : Routledge
Page : 186 pages
File Size : 42,5 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.

Author : Michael J. Sandel
Publisher : Farrar, Straus and Giroux
Page : 318 pages
File Size : 55,9 Mb
Release : 2009-09-15
Category : Philosophy
ISBN : 9781429952682

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Justice by Michael J. Sandel Pdf

A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.

Author : John RAWLS
Publisher : Harvard University Press
Page : 624 pages
File Size : 48,9 Mb
Release : 2009-06-30
Category : Philosophy
ISBN : 9780674042605

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A Theory of Justice by John RAWLS Pdf

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 53,7 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

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Philosophy of Law: A Very Short Introduction by Raymond Wacks Pdf

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Author : J. Budziszewski
Publisher : Cambridge University Press
Page : 325 pages
File Size : 41,8 Mb
Release : 2017-05-04
Category : Philosophy
ISBN : 9781107165786

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Commentary on Thomas Aquinas's Virtue Ethics by J. Budziszewski Pdf

This guide to St Thomas Aquinas' virtue ethics provides commentary on essential texts, rendering them accessible to all readers.

Author : William Wollaston
Publisher : Unknown
Page : 178 pages
File Size : 50,8 Mb
Release : 1722
Category : Natural theology
ISBN : BL:A0019175734

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The Religion of Nature Delineated by William Wollaston Pdf

Author : Thomas Aquinas
Publisher : Hackett Publishing
Page : 258 pages
File Size : 42,8 Mb
Release : 2003-11-04
Category : Philosophy
ISBN : 9781603840736

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On Law, Morality, and Politics (Second Edition) by Thomas Aquinas Pdf

The second edition of Aquinas, On Law, Morality, and Politicsretains the selection of texts presented in the first edition but offers them in new translations by Richard J. Regan--including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarizing headnotes for each of the units--Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft—further enhance its usefulness.

Author : Tony Burns
Publisher : Bloomsbury Publishing
Page : 225 pages
File Size : 52,7 Mb
Release : 2011-10-27
Category : Philosophy
ISBN : 9781441107169

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Aristotle and Natural Law by Tony Burns Pdf

Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

Author : David Luban
Publisher : Unknown
Page : 440 pages
File Size : 47,5 Mb
Release : 1988
Category : Philosophy
ISBN : 0691077843

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Lawyers and Justice by David Luban Pdf

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.

Author : Daniel L. Rentfro
Publisher : Wipf and Stock Publishers
Page : 192 pages
File Size : 43,7 Mb
Release : 2019-10-29
Category : Religion
ISBN : 9781532651007

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The Law of Freedom by Daniel L. Rentfro Pdf

The Law of Freedom: Justice and Mercy in the Practice of Law examines the legal and theological roots of the concept of equity, and the implications that the diminishment of equity as a legal concept has for the moral dilemmas faced by the practicing lawyer. Meditating on the book of Micah, the book argues that the Christian duty asks for both strict justice and gracious mercy, with the prophet’s third value—humility—essential for both the individual lawyer and the legal system as a whole to balance strict justice and mercy.