By Lawrence B. Solum (auth.), Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho (eds.)
The booklet offers a brand new specialise in the criminal philosophical texts of Aristotle, which deals a far richer body for the knowledge of functional suggestion, criminal reasoning and political adventure. It permits knowing how people engage in a posh global, and the way huge the complexity is which ends up from people’ personal strength of self-construction and autonomy. The Aristotelian procedure acknowledges the boundaries of rationality and the inevitable and constitutive contingency in legislation. All this gives a precious device to appreciate the alterations globalisation imposes to criminal event today.
The contributions during this assortment don't basically concentrate on deepest virtues, yet concentration totally on public virtues. They care for the truth that legislation depends on political strength and individual can by no means make certain in regards to the evidence of a case or concerning the correct option to act. They discover the belief targeted wisdom of Aristotle's epistemology is critical, end result of the direct connection among Enlightened reasoning and criminal positivism. They concentrate on the idea that of proportionality, which might be obvious as a precondition to debate liberalism.
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Extra info for Aristotle and The Philosophy of Law: Theory, Practice and Justice
Neither of these two alternatives offers a fully satisfactory account of the virtue of equity. The first alternatives sacrifices the very great goods created by the rule of law. The second alternative pays too a high price for those goods, require more rigidity than is necessary. A constrained practice of equity done by judges who are both nominoi and phronimoi combines the values of the rule of law with the flexibility to bend the rules to fit the facts when that is required by the purposes of the rules themselves.
Jones v. Strayhorn, 159 Tex. 2d 290 (1959). Kaplow, Louis, and Steven Shavell. 2002. Fairness versus welfare. Cambridge, MA: Harvard University Press. Kraut, Richard. 2002. Aristotle: Political philosophy. New York: Oxford University Press. Locke, John. 1988. Two treatises of government. Ed. Peter Laslett. Cambridge: Cambridge University Press. Rawls, John. 2001. A theory of justice. Cambridge, MA: The Belknap Press of the Harvard University Press. Shiner, Roger A. 1994. Aristotle’s theory of equity.
This virtue is a familiar feature of our conception of good judging. We want judges to be neutral arbitrators. A judge should be open to the law and evidence and not biased in favor of one side or another. Such impartiality should extend not just to the parties but should also encompass the causes, movements, special interests, and ideologies that may be associated with those parties. When a judge takes the bench or lifts her pen to write an opinion, she should put aside her allegiance to left or right, liberal or conservative, religiosity or secularism.