Law, Virtue and Justice

ISBN-13: 9781849461757 / Angielski / Twarda / 2013 / 336 str.

Opis

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 contains a collection of essays examining the role of virtue in general jurisprudence, as well as in specific areas of the law. The contributions are written by international experts in the field. Part I of the book brings 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. Critically, the select essays analyze 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. Finally, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (Series: Law and Practical Reason - Vol. 5)

Spis treści

1. Of Law, Virtue and Justice – An Introduction Amalia Amaya and Ho Hock Lai I. Law, Virtue and Legal Reasoning 2. Practical Wisdom in Legal Decision-Making Claudio Michelon 3. The Role of Virtue in Legal Justification Amalia Amaya 4. Education and Paternalism: Plato on Virtue and the Law Sandrine Berges II. Law, Virtue and Character 5. Neoclassical Public Virtues: Towards an Aretaic Theory of Law-Making (and Law Teaching) Sherman J Clark 6. Confucian Virtue Jurisprudence Linghao Wang and Lawrence B Solum 7. The Three Stages of Judges' Self-Development Mateusz Stêpieñ III. Virtue Theory and Criminal Law 8. Motivating Intentions, Reciprocal Specification of Ends and the Assessment of Responsibility Kyron Huigens 9. Liberal Virtue Ekow N Yankah 10. Virtue, Vice and the Criminal Law – A Response to Huigens and Yankah RA Duff IV. Legal Fact-Finding: Aretaic Perspectives 11. Virtues of Truthfulness in Forbearing Wrongs: Client Confidentiality Qualified by Legal Symmetry of Past and Future Harm Hendrik Kaptein 12. Virtuous Deliberation on the Criminal Verdict Ho Hock Lai 13. Must Virtue be Particular? Frederick Schauer V. Law, Empathy and Justice 14. Empathy, Law and Justice Michael Slote 15. Empathy in Law (A Response to Slote) John Deigh 16. On Empathy as a Necessary, but Not Sufficient, Foundation for Justice (A Response to Slote) Susan J Brison 17. Reply to Deigh and Brison Michael Slote