Virtue Jurisprudence


Book Description

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.




The Faces of Virtue in Law


Book Description

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.




After Virtue


Book Description

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.




The Oxford Handbook of Medieval Philosophy


Book Description

This Handbook shows the links between medieval and contemporary philosophy. Topic-based essays on all areas of philosophy explore this relationship and introduce the main themes of medieval philosophy. They are preceded by the fullest chronological survey now available of the different traditions: Latin and Greek, Islamic and Jewish.




The Virtue of Aristotle's Ethics


Book Description

This text looks at Aristotle's claims, particularly the much-maligned doctrine of the mean.




Aristotle's Legal Theory


Book Description

This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.




Pragmatism, Logic, and Law


Book Description

Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.




Commentary on Aristotle's Nicomachean Ethics


Book Description

The fine editions of the Aristotelian Commentary Series make available long out-of-print commentaries of St. Thomas on Aristotle. Each volume has the full text of Aristotle with Bekker numbers, followed by the commentary of St. Thomas, cross-referenced using an easily accessible mode of referring to Aristotle in the Commentary. Each volume is beautifully printed and bound using the finest materials. All copies are printed on acid-free paper and Smyth sewn. They will last.




Law’s Abnegation


Book Description

Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.




The Oxford Handbook of Virtue


Book Description

The late twentieth and early twenty-first centuries have seen a renaissance in the study of virtue -- a topic that has prevailed in philosophical work since the time of Aristotle. Several major developments have conspired to mark this new age. Foremost among them, some argue, is the birth of virtue ethics, an approach to ethics that focuses on virtue in place of consequentialism (the view that normative properties depend only on consequences) or deontology (the study of what we have a moral duty to do). The emergence of new virtue theories also marks this new wave of work on virtue. Put simply, these are theories about what virtue is, and they include Kantian and utilitarian virtue theories. Concurrently, virtue ethics is being applied to other fields where it hasn't been used before, including bioethics and education. In addition to these developments, the study of virtue in epistemological theories has become increasingly widespread to the point that it has spawned a subfield known as 'virtue epistemology.' This volume therefore provides a representative overview of philosophical work on virtue. It is divided into seven parts: conceptualizations of virtue, historical and religious accounts, contemporary virtue ethics and theories of virtue, central concepts and issues, critical examinations, applied virtue ethics, and virtue epistemology. Forty-two chapters by distinguished scholars offer insights and directions for further research. In addition to philosophy, authors also deal with virtues in non-western philosophical traditions, religion, and psychological perspectives on virtue.