Metaphilosophy 34 (1/2):178--213 (2003)
|Abstract||“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].|
|Keywords||ETHICS, JUDGMENT, JURISPRUDENCE, JUSTICE, KNOWLEDGE, Theory of, law, virtue, VIRTUES|
|Through your library||Configure|
Similar books and articles
Lawrence B. Solum (2005). The Aretaic Turn in Constitutional Theory. Brooklyn Law Review 70:475.
Lara Denis (2006). Kant's Conception of Virtue. In Paul Guyer (ed.), Cambridge Companion to Kant and Modern Philosophy. Cambridge University Press.
Julia Driver (2001). Uneasy Virtue. Cambridge University Press.
Christoph Jedan (2009). Stoic Virtues: Chrysippus and the Theological Foundations of Stoic Ethics. Continuum.
Xianzhong Huang (2007). Justice as a Virtue: An Analysis of Aristotle's Virtue of Justice. Frontiers of Philosophy in China 2 (2):265-279.
Lawrence B. Solum (2007). A Virtue-Centered Account of Equity and the Rule of Law. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.
Colin Patrick Farrelly & Lawrence Solum (eds.) (2007). Virtue Jurisprudence. Palgrave Macmillan.
Lawrence B. Solum (2009). The Aretaic Turn in American Philosophy of Law. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press.
Colin Farrelly & Lawrence B. Solum (2007). An Introduction to Aretaic Theories of Law. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.
Added to index2009-01-28
Total downloads30 ( #40,823 of 549,067 )
Recent downloads (6 months)5 ( #15,099 of 549,067 )
How can I increase my downloads?