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Law, Virtue and Justice

Editor(s): Amalia Amaya, Hock Lai Ho
Media of Law, Virtue and Justice
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Published: 20-12-2012
Format: PDF eBook (?)
Edition: 1st
Extent: 336
ISBN: 9781782250326
Imprint: Hart Publishing
Series: Law and Practical Reason
RRP: £76.50
Online price : £45.90
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Loren Epson

About Law, Virtue and Justice

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.

Table Of Contents

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

Reviews

“[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

“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

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