Online research in philosophy

The Aretaic Turn in Constitutional Theory argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions on particular issues and the fervor of their ideological passions. Part II, Institutionalism and Constitutional Interpretation, engages Cass Sunstein and Adrian Vermeule's recent essay, "Interpretation and Institutions." Sunstein and Vermeule contend that theories of constitutional interpretation are most fundamentally flawed because of their failure to take an institutional turn, but their supporting arguments lead to a related but quite distinct conclusion. Only a theory of judicial character can supply the diagnosis for the ills that Sunstein and Vermeule identify: constitutional theory must take an aretaic turn. Part III, Making the Aretaic Turn in Constitutional Theory, sketches an alternative approach to judicial review and constitutional interpretation that is rooted in contemporary virtue ethics. In Part IV, Constitutional Virtues and Vices, this sketch is given flesh and bones in the form of a theory of constitutional virtue and vice. Excellence in constitutional adjudication requires the virtues of judicial courage, judicial temperament, judicial temperance, judicial intelligence, and judicial wisdom (or phronesis). Most importantly, a virtuous constitutional interpreter must have the virtue of justice, which includes as components impartiality, lawfulness, and legal vision. Part V, The Aretaic Reconstruction of the Institutional Critique, returns to institutionalism as an approach to the theory of constitutional interpretation and argues that institutionalists cannot coherently refrain from making the aretaic turn. The article ends with speculation about the possibility of a path to the restoration of judicial virtue.

In this paper, I explicate Kant’s theory of virtue and situate it within the context of theories of virtue before Kant (such as Aristotle, Hobbes, and Hume) and after Kant (such as Schiller and Schopenhauer). I explore Kant’s notions of virtue as a disposition to do one’s duty out of respect for the moral law, as moral strength in non-holy wills, as the moral disposition in conflict, and as moral self-constraint based on inner freedom. I distinguish between Kant’s notions of virtue and of the good will. I discuss Kant’s duties of virtue (and so particular virtues and vices), the relationships between virtue and happiness and virtue and the emotions, and Kant’s criticisms of his predecessors’ views of virtue. I close with a discussion of Kant and contemporary virtue ethics. Although the paper reflects my own interpretation of Kant, it strives less to argue for a particular thesis about Kant on virtue than to illuminate important aspects of Kant’s theory of virtue.

The predominant view of moral virtue can be traced back to Aristotle. He believed that moral virtue must involve intellectual excellence. To have moral virtue one must have practical wisdom - the ability to deliberate well and to see what is morally relevant in a given context. Julia Driver challenges this classical theory of virtue, arguing that it fails to take into account virtues which do seem to involve ignorance or epistemic defect. Some 'virtues of ignorance' are counterexamples to accounts of virtue which hold that moral virtue must involve practical wisdom. Modesty, for example, is generally considered to be a virtue even though the modest person may be making an inaccurate assessment of his or her accomplishments. Driver argues that we should abandon the highly intellectualist view of virtue and instead adopt a consequentialist perspective which holds that virtue is simply a character trait which systematically produces good consequences.

Introduction -- A religious world-view -- Stoic corporealism -- Stoic theology -- Two pictures of fate -- Virtue and the virtues -- Definitions of virtue -- Chrysippus : characterisation of virtue as perfect state -- Virtue as consistent character -- The virtues as epistmai -- The virtues, different yet inseparable -- The difference between the virtues -- The inseparability of the virtues -- A catalogue of virtues -- Ethical virtues additional (generic) virtues -- The openness of Chrysippus catalogue of virtues -- Becoming virtuous -- Vice and the attainability of virtue -- Initiation -- Virtue and happiness -- Practices of virtue -- Law and rules -- Law -- Rules and Kathkonta -- Stoic practical reasoning -- The single Kathkon and the versatility of stoic prescriptions.

People currently regard justice as the main principle of institutions and society, while in ancient Greek people took it as the virtue of citizens. This article analyzes Aristotle’s virtue of justice in his method of virtue ethics, discussing the nature of virtue, how justice is the virtue of citizens, what kind of virtue the justice of citizens is, and the prospect of the virtue of justice against a background of institutional justice. Since virtue can be said to be a specific individual character, Aristotle also defines the virtue of justice as the character of justice, with which citizens act justly and desire to do what is just. The virtue of justice is also an individual ethical virtue, differing from others for it is at the same time a social ethic. We can call the virtue of justice a “non-individual individual ethical virtue.” It has been explained as between pure altruism and egoism, which is a wrong explanation. John Rawls regards justice as the first virtue of social institutions, challenging Aristotle’s virtue of justice, an assertion which also needs further deliberation.

Aristotle's discussion of corrective justice has been generally thought to mark the beginning of the philosophical examination of tort law. In addition, many scholars consider corrective justice, of one form or another, the main normative alternative to the economic analysis of law for explaining not only tort law but also private law and law in general. Most discussions of Aristotle’s conception of corrective justice in the law review literature, however, have failed to account for the established reading of Aristotle’s Nicomachean Ethics as proposing a teleological form of ethics. Accordingly, Corrective Justice and the Revival of Judicial Virtue argues for a teleological interpretation of Aristotle's conception of corrective justice. The teleological conception of corrective justice does not attempt to analyze corrective justice merely as a formal (Weinrib), substantive (Wright), or political (Heyman) conception of equality or freedom that can be applied by technical reason to various circumstances. Rather, it maintains that corrective justice is a moral virtue of the judge that cannot be fully understood without specifying its relationship to practical wisdom and the telos of the good life. Under this reading, Aristotle’s conception of corrective justice specifies a method of judicial decision making whereby only the practically wise (i.e., morally virtuous) judge can know the content of corrective justice in all cases. Judging requires moral virtue not technical, philosophical or legal, expertise. Consequently, this article advocates a revival of Aristotle’s notion that judicial virtue requires moral virtue.

This essay explores the relationship between the ideal of the rule of law and the idea of equity.

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.

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.