By Lawrence B. Solum (auth.), Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho (eds.)
The ebook provides a brand new specialise in the criminal philosophical texts of Aristotle, which bargains a miles richer body for the knowledge of useful idea, felony reasoning and political event. It permits realizing how people have interaction in a posh global, and the way huge the complexity is which ends from people’ personal energy of self-construction and autonomy. The Aristotelian process acknowledges the boundaries of rationality and the inevitable and constitutive contingency in legislations. All this gives a beneficial software to appreciate the adjustments globalisation imposes to felony adventure today.
The contributions during this assortment don't in simple terms concentrate on inner most virtues, yet concentration totally on public virtues. They take care of the truth that legislations depends on political strength and individual can by no means be certain in regards to the evidence of a case or in regards to the correct technique to act. They discover the belief targeted wisdom of Aristotle's epistemology is critical, as a result of direct connection among Enlightened reasoning and criminal positivism. They concentrate on the concept that of proportionality, that are obvious as a precondition to debate liberalism.
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Additional resources for Aristotle and The Philosophy of Law: Theory, Practice and Justice
Only a judge with intelligence will be able to sort out the complexities of the rule against perpetuities or penetrate the mysteries of a complex statute. But more than intelligence is required. A truly excellent judge must also be learned in the law, because one cannot start from scratch in each and every case and because there is at least some truth to the notion that the law is a seamless web. To put these same points the other way round: stupid and ignorant judges will be error prone, likely to misunderstand and misstate the law and unlikely to make findings of fact that are correct.
Harmondsworth: Penguin Books. , and Sanford Levinson. 2001. Understanding the constitutional revolution. Virginia Law Review 87(6): 1045–1109. Bush v. S. 98 (2000). Dworkin, Ronald. 1986. Law’s empire. Cambridge, MA: The Belknap Press of the Harvard University Press. Ford v. Ford, 68 Conn. App. 2d 1104 (2002). Hobbes, Thomas. 1994. Leviathan. Ed. Edwin Curley. Indianapolis: Hackett Publishing Company. Hursthouse, Rosalind. 1999. On virtue ethics. New York: Oxford University Press. Jones v. Strayhorn, 159 Tex.
I shall answer this question with respect to two contexts, illustrating both the way in which a virtuecentered theory of judging can capture the insights of its rivals and the way in which it might differ from them. ” These are cases in which the outcome required by the legal rules is in full accord with our sense of fairness. ” Cases of justice as fairness involve the situation in which the outcome dictated by the rules of law alone is not consistent with our understanding of what is fair in a wider sense.
Aristotle and The Philosophy of Law: Theory, Practice and Justice by Lawrence B. Solum (auth.), Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho (eds.)