Download e-book for iPad: Aristotle and the philosophy of law : theory, practice and by Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho

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 idea of legislations; Lawrence B. Solum.- 2. Reasoning opposed to a deterministic/mechanistic belief 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 most sensible kind of executive and Civic Friendship in Aristotle's Political proposal; Ki-Won Hong.- five. Controversy and useful cause in Aristotle; Nuno M.M.S. Coelho.- 6. Aristotelian ethics and Aristotelian rhetoric; Marcel Becker.- 7. Is There Any conception of worth 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. criminal principles 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 problematic personality of) correct judicial judgements; Iris van Domselaar.- 14. Synallagma as a paradigm of alternate: reciprocity of agreement in Aristotle and video game idea; Mariusz Jerzy Golecki.- 15. the overall precept of Proportionality and Aristotle; Eric Engle.- concerning the Authors.

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Additional info for Aristotle and the philosophy of law : theory, practice and justice

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If judges rely on their own private, firstorder judgments of fairness as the basis for the resolution of disputes, then it follows inexorably that their judgments will be decrees (psêphismata) and not decisions on the basis of a second order, public judgment—in other words, not on the basis of a nomos. In other words, a judge who decides on the basis of her own private judgments about which outcome is fair—all things considered—is making decisions that are tyrannical in Aristotle’s sense. ,” you may ask.

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. Once again, my strategy is to examine the judicial virtues. In particular, I shall argue that disagreements about judicial excellence are typically rooted in two disagreements about the nature of judicial virtue. The first disagreement is about the nature of the virtue of justice.

Moreover, this preliminary essay leaves an important topic (the nature of law) mostly unexplored. Nonetheless, the account offered here does suggest a research program for virtue jurisprudence. M. 1958. Modern moral philosophy. Philosophy 33(124): 1–19. Aristotle. 1955. Nicomachean ethics. Trans. K. Thomson and H. Tredennick, ed. J. Barnes. Harmondsworth: Penguin Books. , and Sanford Levinson. 2001. Understanding the constitutional revolution. Virginia Law Review 87(6): 1045–1109. Bush v. S. 98 (2000).

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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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