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- Lawrence B. Solum (2007). A Virtue-Centered Account of Equity and the Rule of Law. In Colin Patrick Farrelly & Lawrence B. Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.
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At a minimum, a satisfactory biocentric egalitarianism must satisfy three constraints: (1) it must demand enough to deserve the name biocentric; (2) it must not require so much that it makes a worthwhile or at least a recognizably human life impossible; and (3) it must not be incoherent or internally inconsistent. Neither rule-based forms of biocentric egalitarianism nor virtue theory versions meet all three requirements. The rule-based accounts that Paul Taylor and James Sterba introduce contain serious defects, and many of these problems appear in any rule-based biocentric egalitarianism, making all such approaches untenable. The egalitarian virtue theories suggested by Albert Schweitzer, Kenneth Goodpaster, and Jason Kawall are too promissory to be useful or fully assessed, but an overlooked virtue-based account that Taylor defends is more detailed and fatally flawed. Since its difficulties appear in any fully developed virtue-ethic version of biocentric egalitarianism, virtue-based approaches fare no better than rule-based ones. Given the problems that both rule-based and virtue theory forms of biocentric egalitarianism face, the prospects for a viable biocentric egalitarianism are bleak.
The dominance of agency theory can reduce our collective scope to analyse private equity in all its diversity and depth. We contribute to theorisation of private equity by developing a contrasting perspective that draws on a rich tradition of virtue ethics. In doing so, we juxtapose ‘private equity’ with ‘public good’ to develop points of rhetorical and analytical contrast. We develop a typology differentiating various forms of private equity, and focus on the ‘take private’ form. These takeovers are where private equity funds are used to buy all a firm’s publicly listed shares. Take private deals reduce reporting requirements and lessen the amount of public scrutiny a firm comes under. They allow greater control of a firm’s assets and resources but also have effects in terms of the wider social fabric. The ‘public good’ and virtue ethics offer an alternative basis for theorisation of these deals. This provides a needed contrast to accounts of private equity based on agency theory.
Abstract: The aim of this essay is to test the claim that epistemologists—virtue epistemologists in particular—have much to learn from virtue ethics. The essay begins with an outline of virtue ethics itself. This section concludes that a pure form of virtue ethics is likely to be unattractive, so the virtue epistemologist should examine the "impure" views of real philosophers. Aristotle is usually held up as the paradigm virtue ethicist. His doctrine of the mean is described, and it is explained how that doctrine can provide a framework for an account of epistemic virtue. The conclusion of the essay is that a virtue epistemology based on analogies with virtue ethics, though well worth developing and considering, will face several challenges in fulfilling the significant promises that have been made on its behalf.
In this paper I explore Aristotle’s idea of epikeia, or equity, in relation to the contemporary abortion debate. Equity is the rule of justice that insists we gobeyond the letter of the law in those cases in which following it would be harmful. One consequence of this is that we do not need to create exceptionless laws,since laws can admit exceptions for the sake of a higher good. I argue that this arrangement appears to be a reasonable way to move the abortion debate forward, since the common good would mandate the prohibition of most abortions, but applications of equity would protect access to abortion for those considered most in need. In the end, though, despite this reasonableness, its usefulness for reforming abortion law is limited due to the current hostility of the American legislature to natural law as a higher form of justice.
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This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR].
This essay explores the development of "virtue jurisprudence," a general theory of law that draws on ideas developed in virtue ethics.
This essay is an introduction to "Virtue Jurisprudence" a collection of essays that explore the relationship between virtue and law.
Discussion of Lawrence B. Solum, A virtue-centered account of equity and the rule of law
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