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Law Virtue and Justice

Law  Virtue and Justice Author Amalia Amaya
ISBN-10 9781782250333
Release 2012-12-20
Pages 336
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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.



Towards Justice and Virtue

Towards Justice and Virtue Author Onora O'Neill
ISBN-10 0521485592
Release 1996-08-28
Pages 230
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Constructs an account of the basic principles for moving towards just institutions and virtuous lives.



Practical Reason in Law and Morality

Practical Reason in Law and Morality Author Neil MacCormick
ISBN-10 9780198268772
Release 2008-12-18
Pages 224
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Incentives and reasons -- Values and human nature -- Right and wrong -- Questions of trust -- Autonomy and freedom -- Obedience, freedom, and engagement : or utility? -- Society, property, and commerce -- On justice -- Using freedom well -- Judging : legal cases and moral questions -- Practical reason, law, and state.



Aristotle and The Philosophy of Law Theory Practice and Justice

Aristotle and The Philosophy of Law  Theory  Practice and Justice Author Liesbeth Huppes-Cluysenaer
ISBN-10 9789400760318
Release 2013-02-14
Pages 276
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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.



Natural Law and Practical Reason

Natural Law and Practical Reason Author Martin Rhonheimer
ISBN-10 0823219798
Release 2000
Pages 620
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Rhonheimer applies moral theology to practical questions, such as, what does it mean to violate the natural law, or to be unnatural?



Justice as a Virtue

Justice as a Virtue Author Porter
ISBN-10 9780802873255
Release 2016
Pages 286
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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.



Law s Virtues

Law s Virtues Author Cathleen Kaveny
ISBN-10 9781589019331
Release 2012-09-20
Pages 304
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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.



Reason Morality and Law

Reason  Morality  and Law Author John Keown
ISBN-10 9780199675500
Release 2013-03-21
Pages 615
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This volume gathers leading moral, legal, and political philosophers alongside theologians to examine John Finnis' work. The book offers the first sustained critical study of Finnis' contribution across the philosophy of rationality, legal and political philosophy, and theology. It includes a substantial response from Finnis himself in which he defends and develops his ideas.



The Nicomachean Ethics of Aristotle

The Nicomachean Ethics of Aristotle Author Aristotle
ISBN-10 UCAL:$B45459
Release 1869
Pages 393
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The Nicomachean Ethics of Aristotle has been writing in one form or another for most of life. You can find so many inspiration from The Nicomachean Ethics of Aristotle also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Nicomachean Ethics of Aristotle book for free.



A Theory of Justice

A Theory of Justice Author John RAWLS
ISBN-10 9780674042605
Release 2009-06-30
Pages 623
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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.



The Tapestry of Reason

The Tapestry of Reason Author Amalia Amaya
ISBN-10 9781782255178
Release 2015-04-30
Pages 560
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In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making.



On Law Morality and Politics Second Edition

On Law  Morality  and Politics  Second Edition Author Thomas Aquinas
ISBN-10 0872206637
Release 2003-03-07
Pages 316
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The second edition retains 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 summarising 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.



Virtue s Reasons

Virtue   s Reasons Author Noell Birondo
ISBN-10 9781315314242
Release 2017-02-17
Pages 218
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Virtues and reasons are two of the most fruitful and important concepts in contemporary moral philosophy. Many writers have commented upon the close connection between virtues and reasons, but no one has done full justice to the complexity of this connection. It is generally recognized that the virtues not only depend upon reasons, but also sometimes provide them. The essays in this volume shed light on precisely how virtues and reasons are related to each other and what can be learned by exploring this relationship. ? Virtue’s Reasons is divided into three sections, each of them devoted to a general issue regarding the relationship between virtues and reasons. The first section analyzes how the virtues may be related to, or linked with, normative reasons in ways that improve our understanding of what constitutes virtuous character and ethical agency. The second section explores the reasons moral agents have for cultivating the virtues and how the virtues impact moral responsiveness or development. The final section examines how reasons can be employed in understanding the nature of virtue, and how specific virtues, like modesty and practical wisdom, interact with reasons. This book will be of major interest to scholars working on virtue theory, the nature of moral character, and normative ethics.



After Virtue

After Virtue Author Alasdair MacIntyre
ISBN-10 9781623569815
Release 2013-10-21
Pages 352
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Highly controversial when it was first published in 1981, Alasdair MacIntyre's After Virtue has since established itself as a landmark work in contemporary moral philosophy. In this book, MacIntyre sought to address a crisis in moral language that he traced back to a European Enlightenment that had made the formulation of moral principles increasingly difficult. In the search for a way out of this impasse, MacIntyre returns to an earlier strand of ethical thinking, that of Aristotle, who emphasised the importance of 'virtue' to the ethical life. More than thirty years after its original publication, After Virtue remains a work that is impossible to ignore for anyone interested in our understanding of ethics and morality today.



Nature as Reason

Nature as Reason Author Jean Porter
ISBN-10 0802849067
Release 2005-01
Pages 420
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This noteworthy book develops a new theory of the natural law that takes its orientation from the account of the natural law developed by Thomas Aquinas, as interpreted and supplemented in the context of scholastic theology in the twelfth and thirteenth centuries. Though this history might seem irrelevant to twenty-first-century life, Jean Porter shows that the scholastic approach to the natural law still has much to contribute to the contemporary discussion of Christian ethics. Aquinas and his interlocutors provide a way of thinking about the natural law that is distinctively theological while at the same time remaining open to other intellectual perspectives, including those of science. In the course of her work, Porter examines the scholastics' assumptions and beliefs about nature, Aquinas's account of happiness, and the overarching claim that reason can generate moral norms. Ultimately, Porter argues that a Thomistic theory of the natural law is well suited to provide a starting point for developing a more nuanced account of the relationship between specific beliefs and practices. While Aquinas's approach to the natural law may not provide a system of ethical norms that is both universally compelling and detailed enough to be practical, it does offer something that is arguably more valuable -- namely, a way of reflecting theologically on the phenomenon of human morality.



The Rule of Law

The Rule of Law Author Ian Shapiro
ISBN-10 0814780245
Release 1995-07-01
Pages 396
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From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).



The Perspective of Morality

The Perspective of Morality Author Martin Rhonheimer
ISBN-10 9780813217994
Release 2011
Pages 467
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The Perspective of the Acting Person introduces readers to one of the most important and provocative thinkers in contemporary moral philosophy