Get Aristotle and the philosophy of law : theory, practice and PDF

By Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho

ISBN-10: 9400760302

ISBN-13: 9789400760301

ISBN-10: 9400760310

ISBN-13: 9789400760318

1. advantage Jurisprudence: in the direction of an Aretaic conception of legislations; Lawrence B. Solum.- 2. Reasoning opposed to a deterministic/mechanistic notion of the realm; Liesbeth Huppes-Cluysenaer.- three. legislations and the rule of thumb of legislation and its position relative to politeia in Ariostotle's Politics; Clifford Angell Bates.- 4.The top type of govt and Civic Friendship in Aristotle's Political idea; Ki-Won Hong.- five. Controversy and functional cause in Aristotle; Nuno M.M.S. Coelho.- 6. Aristotelian ethics and Aristotelian rhetoric; Marcel Becker.- 7. Is There Any idea of price in Aristotle's Ethics?; Antonio de Castro Caeiro.- eight. highbrow Excellences of the pass judgement on; Tommi Ralli.- nine. Justice kata nomos and justice as epieikeia (legality and equity); Samuli Hurri.- 10. Legality and fairness within the Rhetoric: the sleek Transition; Miklos Konczol.- eleven. felony ideas and Epieikeia in Aristotle: Post-Positivism rediscovered; Jesus Vega.- 12. criminal Vices and Civic Virtues; Ekow N. Yankah.- thirteen. A neo-Aristotelian idea of reciprocity: approximately civic friendship and (the tricky personality of) correct judicial judgements; Iris van Domselaar.- 14. Synallagma as a paradigm of alternate: reciprocity of agreement in Aristotle and video game conception; Mariusz Jerzy Golecki.- 15. the final precept of Proportionality and Aristotle; Eric Engle.- in regards to the Authors.

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2 See United States v. Aluminum Co. 2d 416, 433 (2d Cir. ”). B. Solum Indeed, a virtue-centered account allows us to appreciate the fact that explanations or justifications of legal decisions play more than one role. In some cases, when a judge explains a decision, the intention is to lay bare the premises and reasoning that moved the judge from accepted premises about the law and the facts to some conclusion about what result is legally correct. There are other cases, however, where explanations play a different role.

Solum Indeed, a virtue-centered account allows us to appreciate the fact that explanations or justifications of legal decisions play more than one role. In some cases, when a judge explains a decision, the intention is to lay bare the premises and reasoning that moved the judge from accepted premises about the law and the facts to some conclusion about what result is legally correct. There are other cases, however, where explanations play a different role. When the decision of a case is based on legal vision or situation sense—that is, when the decision is based on the virtue of judicial wisdom of phronêsis—then the point of an explanation is to enable others to come to see the relevant features of the case.

But these (mostly uncontested) virtues do not tell the whole story about judicial excellence. Even if we agree in our judgments about who the very worst judges are—the corrupt, illtempered, cowardly, lazy, incompetent, and stupid ones—there are strong and persistent disagreements about who the best judges are. The partisans of Lord Coke may deride the accomplishments of Lord Mansfield; the admirers of Justice Brennan may be among the critics of Justice Scalia. This section investigates the source of these disagreements about judicial excellence.

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Aristotle and the philosophy of law : theory, practice and justice by Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho


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