By Lawrence B. Solum (auth.), Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho (eds.)
The booklet offers a brand new specialize in the criminal philosophical texts of Aristotle, which deals a far richer body for the knowledge of useful suggestion, felony reasoning and political event. It permits knowing how people engage in a posh global, and the way large the complexity is which ends up from people’ personal strength of self-construction and autonomy. The Aristotelian technique acknowledges the boundaries of rationality and the inevitable and constitutive contingency in legislation. All this provides a beneficial device to appreciate the adjustments globalisation imposes to felony event today.
The contributions during this assortment don't only be aware of deepest virtues, yet concentration totally on public virtues. They take care of the truth that legislation depends on political energy and individual can by no means make sure concerning the proof of a case or concerning the correct technique to act. They discover the belief precise wisdom of Aristotle's epistemology is important, a result of direct connection among Enlightened reasoning and felony positivism. They be aware of the idea that of proportionality, that are obvious as a precondition to debate liberalism.
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Extra resources for Aristotle and The Philosophy of Law: Theory, Practice and Justice
It was a product of corruption, then the decision is in error—even though the very same decision would have been legally correct if it had been the product of virtue rather than vice. The law of procedure captures this phenomenon in the standard of appellate review for discretionary decisions. 3 Moreover, some legal standards sanction more than one legally correct outcome on a particular set of facts. A clear example of this is the “best interests of the child” standard in child custody disputes.
Another temptation is to shape one’s decision in order to minimize one’s own workload. If granting the summary judgment motion takes a case off one’s docket, the slothful judge might grant the motion for that reason alone, sacrificing justice on the altar of expediency. What is the virtue that corresponds to the vice of sloth? We might call it diligence. The diligent judge has the right attitude towards judicial work, finding judicial tasks engaging and rewarding. But more than a good attitude is required.
As Roger Shiner puts it: “Equity is the virtue shown by one particular kind of agent—a judge—when making practical judgments in the face of the limitations of one particular kind of practical rule—those hardened customs and written laws that constitute for some societies the institutionalized system of norms that is its legal system” (Shiner 1994, 1260–1261). But there is a problem with supplementing the lawfulness conception of the virtue of justice with the notion of equity. Understanding the problem begins with the fact that the virtue of equity seems to require the exercise of first-order private judgments of fairness.