[The books is] sure to be a valuable resource for legal scholars and practitioners for years to come.

- Mark D. White, LSE Review of Books

As a collection, this is a highly informative, always interesting and richly diversified body of research, engaged with vital questions especially of criminal law, but also of many other areas in ethics and law, including client confidentiality, legal moralism and paternalism. It also includes an instructive comparison between western and Confucian theories in this area of jurisprudence. Many concrete issues and controversies are discussed and illustrated with real and imaginary cases, such as euthanasia, prostitution and racial and sex discrimination. Overall, whether one is convinced or not, the project of developing the case for virtue jurisprudence is well served by this book.

- Mark Tebbit, Notre Dame Philosophical Reviews

... an impressive array of moral and legal philosophers, including those informed by both the (still dominant) Aristotelian approach to the virtues as well as the (less acknowledged, but possibly growing in influence) Confucian approach. Individual chapters are cross-referenced, and there are a number of helpful commentaries on leading contributions. The editors should be praised for both their vision and their efforts in presenting such a harmonious package of papers.

- Maksymilian Del Mar, Jurisprudence, Volume 5, issue 1

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This was a fascinating book to read, and I can hardly do justice to all of its arguments here. For those who work in philosophy of law as well as virtue ethics, this is a worthwhile collection of complex essays. Overall the book makes a valuable contribution to a virtue-oriented approach to legal theory.

- Jason Cruze, Journal of Moral Philosophy

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.
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In the last few years 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. This book explores the relevance of virtue theory to law from a variety of perspectives.
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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

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This book explores the relevance of virtue theory to law from a variety of perspectives.

The essays examine 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.

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Stimulating works that address fundamental issues in legal philosophy.
The intention of this series is that it should encompass monographs and collections of essays that address the fundamental issues in legal philosophy. The foci are conceptual and normative in character, not empirical. Studies addressing the idea of law as a species of practical reason are especially welcome. Recognizing that there is no occasion to sharply distinguish analytic and systematic work in the field from historico-critical research, the editors also welcome studies in the history of legal philosophy. Contributions to the series, inevitably crossing disciplinary lines, will be of interest to students and professionals in moral, political, and legal philosophy.

Advisory Board
Prof Robert Alexy (Kiel)
Prof Samantha Besson (Fribourg, CH)
Prof Emilios Christodoulidis (Glasgow)
Prof Sean Coyle (University of Birmingham)
Prof Mattias Kumm (New York)
Prof Stanley Paulson (St. Louis and Kiel)
Prof Arthur Ripstein (Toronto)
Prof Scott Shapiro (Yale Law School)
Prof Victor Tadros (Warwick)



Previous members of the Advisory Board:
Neil MacCormick +
Joseph Raz +


Cover art by Jane Couroussopoulos:
www.janepaint.com

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Produktdetaljer

ISBN
9781849461757
Publisert
2012-12-20
Utgiver
Bloomsbury Publishing PLC; Hart Publishing
Vekt
653 gr
Høyde
234 mm
Bredde
156 mm
Dybde
15 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
336

Om bidragsyterne

Amalia Amaya is a Researcher in the Institute of Philosophical Research at the National Autonomous University of Mexico.
Ho Hock Lai is a Professor in the Faculty of Law at the National University of Singapore.