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Author: Amalia Amaya
Publisher: Bloomsbury Publishing
ISBN: 1782250336
Category : Law
Languages : en
Pages : 366
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Book Description
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: Katerina Sideri
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754646204
Category : Law
Languages : en
Pages : 170
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Book Description
This book presents a theory of law making in the European Union, focusing on new governance structures which promote deliberation, proceduralization, and dialogue. The empirical substantiation of the argument is premised on case studies from the EU, such as the Information Society Directive, domain name dispute resolution by ICANN, Internet filters, and the proposal for a Directive on the patentability of computer-implemented inventions.
Author: Barry Schwartz
Publisher: Penguin
ISBN: 1594485437
Category : Self-Help
Languages : en
Pages : 337
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Book Description
A reasoned and urgent call to embrace and protect the essential human quality that has been drummed out of our lives: wisdom. In their provocative new book, Barry Schwartz and Kenneth Sharpe explore the insights essential to leading satisfying lives. Encouraging individuals to focus on their own personal intelligence and integrity rather than simply navigating the rules and incentives established by others, Practical Wisdom outlines how to identify and cultivate our own innate wisdom in our daily lives.
Author: Stephen P. Engstrom
Publisher: Harvard University Press
ISBN: 0674053796
Category :
Languages : en
Pages : 280
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Book Description
Immanuel Kant's claim that the categorical imperative of morality is based in practical reason has long been a source of puzzlement and doubt, even for sympathetic interpreters. In The Form of Practical Knowledge, Stephen Engstrom provides an illuminating new interpretation of the categorical imperative, arguing that we have exaggerated and misconceived Kant's break with tradition. By developing an account of practical knowledge that situates Kant's ethics within his broader epistemology, Engstrom’s work deepens and reshapes our understanding of Kantian ethics.
Author: Francesca Alesse
Publisher: BRILL
ISBN: 9004385398
Category : Philosophy
Languages : en
Pages : 285
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Book Description
The focus of Aristotle on Prescription is Aristotle’s reflections on rule-making. It is widely believed that Aristotle was only concerned with decision-making, understood as a deliberative process enabling a person to arrive at particular, contingent decisions. However, rule-making is fundamental to Aristotle’s ethical texts. Establishing rules means indicating patterns for action that are sufficiently specific to meet situational difficulties and sufficiently constant in time to provide us with a code of behaviour to be used in similar situations. When we prescribe rules, we demonstrate the ability to direct not only our own life but also other people’s lives. Alesse’s book explores Aristotle’s deep reflections on the nature and functions of prescription, and on the relationship between rules and individual decisions.
Author: Katerina Sideri
Publisher: Routledge
ISBN: 1351154109
Category : Law
Languages : en
Pages : 251
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Book Description
This book develops a sociological understanding of law making in the European Union. In particular, the book focuses on the social function of law in new governance structures promoting decentralized and flexible procedures that encourage deliberation, participation of stakeholders, and public dialogue. It pays attention to both the practical knowledge and the power relations underpinning law making, while seeking to bring to the foreground the importance of compromise in the process. The empirical substantiation of the argument discusses the regulation of technology in the European Union and is premised on case studies of governance of the Internet, patents of high technology, filters used on the Internet to block harmful material, trademark law and domain name dispute resolution by ICANN. To this effect, the book studies the dynamics of constructing a legal argument inside the European Commission, and its role in the process of coordinating the creation of networks, securing enforcement in self regulatory regimes, and steering activity on the part of autonomous groups of actors.
Author: Andrei Marmor
Publisher: Princeton University Press
ISBN: 0691163960
Category : Philosophy
Languages : en
Pages : 180
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Book Description
In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.
Author: Anthony Celano
Publisher: Cambridge University Press
ISBN: 1316489914
Category : Philosophy
Languages : en
Pages : 275
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Book Description
Aristotle's Nicomachean Ethics had a profound influence on generations of later philosophers, not only in the ancient era but also in the medieval period and beyond. In this book, Anthony Celano explores how medieval authors recast Aristotle's Ethics according to their own moral ideals. He argues that the moral standard for the Ethics is a human one, which is based upon the ethical tradition and the best practices of a given society. In the Middle Ages, this human standard was replaced by one that is universally applicable, since its foundation is eternal immutable divine law. Celano resolves the conflicting accounts of happiness in Aristotle's Nicomachean Ethics, demonstrates the importance of the virtue of phronesis (practical wisdom), and shows how the medieval view of moral reasoning alters Aristotle's concept of moral wisdom.
Author: Maxwell A. Cameron
Publisher: Oxford University Press
ISBN: 0190694335
Category : Philosophy
Languages : en
Pages : 233
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Book Description
Cameron shows how institutions rely on rules and incentives, but they need practitioners with the virtues and character to make good decisions. Wise practitioners are not only an antidote to excessive partisanship, neoliberal competitiveness, and institutional corruption; they are an essential ingredient of any democracy based on citizenship and the common good.
Author: Graeme Brown
Publisher: Bloomsbury Publishing
ISBN: 1509902635
Category : Law
Languages : en
Pages : 297
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Book Description
How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
Author: Amalia Amaya
Publisher: Bloomsbury Publishing
ISBN: 1782250336
Category : Law
Languages : en
Pages : 366
Get Book Here
Book Description
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.
