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

The publication provides a brand new specialize in the criminal philosophical texts of Aristotle, which deals a miles richer frame for the certainty of functional notion, felony reasoning and political adventure. It permits realizing how humans engage in a posh global, and the way vast the complexity is which ends from humans’ personal strength of self-construction and autonomy. The Aristotelian technique acknowledges the boundaries of rationality and the inevitable and constitutive contingency in legislations. All this gives a invaluable tool to appreciate the adjustments globalisation imposes to felony event this present day. The contributions during this assortment don't only concentrate on inner most virtues, yet concentration totally on public virtues. They take care of the truth that legislations relies on political energy and individual can by no means verify in regards to the evidence of a case or concerning the correct option to act. They discover the idea special wisdom of Aristotle's epistemology is critical, due to the direct connection among Enlightened reasoning and felony positivism. They be aware of the idea that of proportionality, which might be visible as a precondition to debate liberalism.

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Additional resources for Aristotle and The Philosophy of Law: Theory, Practice and Justice (Ius Gentium: Comparative Perspectives on Law and Justice)

Sample text

Someone with the virtue of justice is disposed to act on the basis of the nomoi. In other words, the lawfulness conception holds that the excellent judge is a nominos, someone who grasps the importance of lawfulness and is disposed to act on the basis of the laws and norms of her community. A judge who is nominos cares about the laws and norms of her community. She is disposed to do that which is lawful, because she respects and internalize the nomoi of her community. Finally, we are now in a position to compare the fairness conception and the lawfulness conception.

Kenny (1978, 13–26) stated that the philosopher can and should remain agnostic on these questions. The consequence of this was that he did not acknowledge the fact that physical determinism had been rejected by current science. Nagel (1987, 37–44) argued that the rejection of determinism by current science had not solved the problem of the justification of punishment. This meant that human action was the result of pure chance and that therefore nothing was identifiable as the cause. He thus did not seriously take the Aristotelian view into account.

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. Once again, my strategy is to examine the judicial virtues.

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