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Author: C. Farrelly
Publisher: Springer
Published: 2019-06-12
Total Pages: 268
ISBN-13: 1349600733
DOWNLOAD EBOOK →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: Amalia Amaya
Publisher: Bloomsbury Publishing
Published: 2012-12-20
Total Pages: 336
ISBN-13: 1782250328
DOWNLOAD EBOOK →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: Amalia Amaya
Publisher: Routledge
Published: 2020-06-09
Total Pages: 186
ISBN-13: 1000029271
DOWNLOAD EBOOK →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: Amalia Amaya
Publisher: Bloomsbury Publishing
Published: 2020-02-06
Total Pages: 437
ISBN-13: 1509925147
DOWNLOAD EBOOK →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.
Author: Robert H. Bork
Publisher: Vintage Canada
Published: 2010-07-07
Total Pages: 181
ISBN-13: 030736853X
DOWNLOAD EBOOK →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
Author: Ronald Dworkin
Publisher: Harvard University Press
Published: 2000
Total Pages: 532
ISBN-13: 9780674008106
DOWNLOAD EBOOK →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.
Author: Zeʼev Maghen
Publisher: Brill Academic Publishers
Published: 2005
Total Pages: 298
ISBN-13: 9789004140707
DOWNLOAD EBOOK →This volume focuses on the portions of Muslim purity jurisprudence that deal with matters libidinal -- mul masa (the ritual result of contact with the opposite sex) and jan ba (ceremonial defilement following cohabitation) -- and examines their implications for the Islamic outlook on sexuality."
Author: Timothy Chappell
Publisher: Oxford University Press on Demand
Published: 2006-11-16
Total Pages: 310
ISBN-13: 0199291454
DOWNLOAD EBOOK →After 25 centuries, Aristotle's influence on our society's moral thinking remains profound even when subterranean. Typical members of our society can often be made to see that their moral thought and action are, in crucial ways, unwittingly Aristotelian. No one in contemporary philosophical ethics can afford to ignore Aristotle. Much of the finest work in recent moral philosophy has been overtly and professedly Aristotelian in inspiration. And many writers who would officiallydistance themselves from Aristotle and his contemporary followers are nonetheless indebted to him, sometimes in ways that they do not realise.Values and Virtues provides a platform for some notable writers in the area to present and discuss their new ideas about Aristotelian ethics in a way that will advance the academic debate and engage the interest of a broad range of philosophical readers.
Author: Villa-Rosas, Gonzalo
Publisher: Edward Elgar Publishing
Published: 2022-10-18
Total Pages: 313
ISBN-13: 180392263X
DOWNLOAD EBOOK →This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.
