David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
This paper argues that the primary task of legal theory should be to pursue the responsiveness of a legal system to the moral life of a community. However, the pursuit of such an aim cannot appeal merely or even dominantly to the short-term motivational structures of individuals - as is dominantly the case in contemporary legal theory. What is required, instead, is appeal to long-term learning structures. This paper introduces the notion of long-term learning structures by reference to the work of John Dewey. It supplements Dewey's account by reference to two further principles of moral education: first, developing the recognition of vulnerability, and second, fostering respect for difference. Having provided an account of moral education, the paper goes on to consider its relationship to the pursuit of a socially just legal system. The paper does so primarily by reference to the work of Philip Selznick and Roger Cotterrell, calling in essence for the revival of pedagogically-informed communitarian jurisprudence.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
N. E. Simmonds (2007). Law as a Moral Idea. Oxford University Press.
Wojciech Sadurski (1984). Social Justice and Legal Justice. Law and Philosophy 3 (3):329 - 354.
Maksymilian T. Madelr, Breaking the Spell: The Education of Attention and Encounter in Law Schools and Law Firms.
Francis J. Schweigert (1999). Learning the Common Good: Principles of Community-Based Moral Education in Restorative Justice. Journal of Moral Education 28 (2):163-183.
Added to index2009-01-28
Total downloads8 ( #381,521 of 1,793,280 )
Recent downloads (6 months)1 ( #463,804 of 1,793,280 )
How can I increase my downloads?