By Lawrence B. Solum (auth.), Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho (eds.)
The ebook provides a brand new specialise in the felony philosophical texts of Aristotle, which bargains a far richer body for the knowledge of sensible inspiration, felony reasoning and political event. It permits realizing how people engage in a posh international, and the way large the complexity is which ends from people’ personal strength of self-construction and autonomy. The Aristotelian strategy acknowledges the bounds of rationality and the inevitable and constitutive contingency in legislations. All this gives a useful software to appreciate the alterations globalisation imposes to felony adventure today.
The contributions during this assortment don't basically concentrate on deepest virtues, yet concentration totally on public virtues. They take care of the truth that legislation depends on political energy and individual can by no means make sure concerning the evidence of a case or concerning the correct strategy to act. They discover the idea particular wisdom of Aristotle's epistemology is critical, end result of the direct connection among Enlightened reasoning and felony positivism. They be aware of the concept that of proportionality, which 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
A really well drafted opinion, on the other hand, can clarify the obscure and illuminate the meaning of murky legal texts. Good communication skills are also important to judges when they mediate between the parties to a dispute. A skilled judge can gain the trust and cooperation of the parties—resorting to the threat of sanctions only in those rare cases when force is truly necessary. In this way, good communication skills can increase the efficiency of judicial proceedings, allowing the judge to focus her attention on those issues and cases where settlement and cooperative processes are unavailing.
A nominos has internalized the normative force of the law; such a judge wants to do as the law requires. ” A judge with virtue of practical wisdom (a phronimos) has the ability to perceive the salient features of particular situations. 1 Virtue Jurisprudence: Towards an Aretaic Theory of Law 25 We can say that a sense of justice requires “legal vision,” the ability to size up a case and discern which aspects are legally important. The phronimos can do equity because she grasps the point of legal rules and discerns the legally and morally salient features of particular fact situations.
The first premise, the multiplicity of virtuous decisions, asserts that two different virtuous judges could reach different decisions in the same case. This claim seems plausible. Different virtuous judges are likely to differ in ways that might affect their decisions. They will have different experiences and beliefs, and those differences could easily affect the decision on a variety of legal issues. The multiplicity of virtuous decisions seems especially likely in so-called hard cases, in which there are good legal arguments on both sides of the issue.