Download Aristotle and The Philosophy of Law: Theory, Practice and by Lawrence B. Solum (auth.), Liesbeth Huppes-Cluysenaer, Nuno PDF

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.

Show description

Read or Download Aristotle and The Philosophy of Law: Theory, Practice and Justice PDF

Similar philosophy books

The World of Thought in Ancient China (Reprint Edition)

The e-book is a lucid, actual, agreeably written and entire survey, in accordance with a protracted familiarity with the total of the literature of chinese language faculties of inspiration all the way down to the second one century BC, and its nice energy is its variety of comparisons with different traditions. chinese language inspiration hasn't ever earlier than been reflected with particularly this breadth of imaginative and prescient.

Contarini, and the Religious Republic of Letters

Even though the paradigm of modernist development has been challenged on many fronts, Erasmus and different sixteenth-century figures are nonetheless generally seen as those that led the transition from a non secular center a long time to a extra godless glossy period. via studying the lives, paintings, and correspondence of Erasmus, Thomas extra, Margaret extra Roper, Reginald Pole, Gasparo Contarini, and Vittoria Colonna, this booklet demonstrates how those Catholic women and men of letters created a particular form of non secular neighborhood rooted in friendship and spiritualized scholarship.

Contract Theory in Historical Context: Essays on Grotius, Hobbes, and Locke

The social agreement is generally considered as a quintessentially glossy political concept, which telegraphs the foundation glossy rules of renowned sovereignty and governmental responsibility to the folks. via surroundings vintage agreement idea in old context, those essays current a special view. Seventeenth-century contractarianism used to be a parochial style, they argue, that addressed difficulties which disappeared with the arrival of contemporary, electoral politics.

The 100 Most Influential Philosophers of All Time (The Britannica Guide to the World's Most Influential People)

It's been acknowledged that once it involves good fortune, it isn't what you recognize, yet who you recognize.

The a hundred so much Influential Philosophers of All Time is one name during this eight e-book sequence, within which readers get the simplest of either worlds. Concise yet information-packed biographies aspect the lives and life's paintings of hundreds and hundreds of best participants from an collection of disciplines.

Readers gets to grasp the main minds inside of technological know-how, paintings, writing, song, invention, politics and philosophy. every one necessary compendium deals a entire index, complementary visuals, and behind-the-scenes info that demonstrate the very human nature in the back of world-changing personalities.

Extra info for Aristotle and The Philosophy of Law: Theory, Practice and Justice

Example text

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.

Download PDF sample

Rated 4.33 of 5 – based on 22 votes