Download or read book Law s Virtues written by Cathleen Kaveny and published by Georgetown University Press. This book was released on 2012-09-20 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Virtue and Law in Plato and Beyond written by Julia Annas and published by Oxford University Press. This book was released on 2017 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Julia Annas presents a study of Plato's account of the relation of virtue to law: how it developed from the Republic to the Laws, and how his ideas were taken up by Cicero and by Philo of Alexandria. Annas shows that, rather than rejecting the approach to an ideal society in the Republic (as generally thought), Plato is in both dialogues concerned with the relation of virtue to law, and obedience to law, and presents, in the Laws, a more careful and sophisticated account of that relation. His approach in the Laws differs from his earlier one, because he now tries to build from the political cultures of actual societies (and their histories) instead of producing a theoretical thought-experiment. Plato develops an original project in which obedience to law is linked with education to promote understanding of the laws and of the virtues which obedience to them promote. Annas also explores how this project appeals independently to the very different later writers Cicero and Philo of Alexandria.
Download or read book The Faces of Virtue in Law written by Amalia Amaya and published by Routledge. This book was released on 2020-06-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Second Best Justice written by J. Mark Ramseyer and published by University of Chicago Press. This book was released on 2015-11-19 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
Download or read book Law Virtue and Justice written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2012-12-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Download or read book Virtue Jurisprudence written by C. Farrelly and published by Springer. This book was released on 2019-06-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law s Virtues written by Cathleen Kaveny and published by Georgetown University Press. This book was released on 2012-09-20 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Virtue in Global Governance written by Jan Klabbers and published by Cambridge University Press. This book was released on 2022-08-11 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law.
Download or read book Law Virtue and Justice written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2012-12-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Justice as a Virtue written by Porter and published by Wm. B. Eerdmans Publishing. This book was released on 2016 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Virtue Rules and Justice written by Thomas E. Hill Jr. and published by Oxford University Press. This book was released on 2012-05-31 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas E. Hill, Jr., interprets and extends Kant's moral theory in a series of essays that highlight its relevance to contemporary ethics. He introduces the major themes of Kantian ethics and explores its practical application to questions about revolution, prison reform, and forcible interventions in other countries for humanitarian purposes.
Download or read book Philo of Alexandria On Virtues written by Philo (of Alexandria.) and published by BRILL. This book was released on 2010-11-19 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the treatise On Virtues, Philo of Alexandria demonstrates how Moses, the constitution he established, and the community that follows its laws embody certain moral ideals (courage, humanity, repentance, and nobility) that were widely admired in the Greco-Roman world.
Download or read book The Ordinary Virtues written by Michael Ignatieff and published by Harvard University Press. This book was released on 2017-09-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: During a 3-year, 8-nation journey, Michael Ignatieff found that while human rights is the language of states and liberal elites, the moral language that resonates with most people is that of everyday virtues: tolerance, forgiveness, trust, and resilience. These ordinary virtues are the moral system of global cities and obscure shantytowns alike.
Download or read book De Virtutibus Et Vitiis written by Aristotle and published by . This book was released on 1915 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Virtue and Law in Plato and Beyond written by Julia Annas and published by Oxford University Press. This book was released on 2017-10-06 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Julia Annas presents a study of Plato's account of the relation of virtue to law: how it developed from the Republic to the Laws, and how his ideas were taken up by Cicero and by Philo of Alexandria. Annas shows that, rather than rejecting the approach to an ideal society in the Republic (as generally thought), Plato is in both dialogues concerned with the relation of virtue to law, and obedience to law, and presents, in the Laws, a more careful and sophisticated account of that relation. His approach in the Laws differs from his earlier one, because he now tries to build from the political cultures of actual societies (and their histories) instead of producing a theoretical thought-experiment. Plato develops an original project in which obedience to law is linked with education to promote understanding of the laws and of the virtues which obedience to them promote. Annas also explores how this project appeals independently to the very different later writers Cicero and Philo of Alexandria.
Download or read book The Virtue of Aristotle s Ethics written by Paula Gottlieb and published by Cambridge University Press. This book was released on 2009-04-27 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text looks at Aristotle's claims, particularly the much-maligned doctrine of the mean.
