Search results for 'Virtue Jurisprudence' (try it on Scholar)

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  1. Lawrence B. Solum (2003). Virtue Jurisprudence a Virtue–Centred Theory of Judging. Metaphilosophy 34 (1/2):178--213.score: 228.0
    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 (...)
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  2. Varieties Of Virtue (1999). Part 3 Varieties of Virtue. In David Carr & J. W. Steutel (eds.), Virtue Ethics and Moral Education. Routledge.score: 210.0
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  3. R. A. Duff (2003). The Limits of Virtue Jurisprudence. Metaphilosophy 34 (1-2):214-224.score: 198.0
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  4. Colin Patrick Farrelly & Lawrence Solum (eds.) (2007). Virtue Jurisprudence. Palgrave Macmillan.score: 180.0
    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.
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  5. R. A. Duff (2006). The Virtues and Vices of Virtue Jurisprudence. In T. D. J. Chappell (ed.), Values and Virtues: Aristotelianism in Contemporary Ethics. Oxford University Press.score: 152.0
  6. Antony Duff (2006). The Virtues and Vices of Virtue Jurisprudence. In Timothy Chappell (ed.), Values and Virtues: Aristotelianism in Contemporary Ethics. Clarendon Press.score: 152.0
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  7. B. Lawrence (2003). Solum, Virtue Jurisprudence: A Virtue-Centred Theory of Judging. Metaphilosophy 34 (1/2).score: 150.0
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  8. Saulius Arlauskas (2009). The Criterions of the Scientific Character of Jurisprudence in the Modern Legal Philosophy. Jurisprudence 118 (4):247-264.score: 126.0
    In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more intuitively than (...)
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  9. 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.score: 120.0
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  10. Lawrence B. Solum (2007). Natural Justice : An Aretaic Account of the Virtue of Lawfulness. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 120.0
  11. Guy Axtell & Philip Olson (2012). Recent Work in Applied Virtue Ethics. American Philosophical Quarterly 49 (3):183-204.score: 96.0
    The use of the term "applied ethics" to denote a particular field of moral inquiry (distinct from but related to both normative ethics and meta-ethics) is a relatively new phenomenon. The individuation of applied ethics as a special division of moral investigation gathered momentum in the 1970s and 1980s, largely as a response to early twentieth- century moral philosophy's overwhelming concentration on moral semantics and its apparent inattention to practical moral problems that arose in the wake of significant social and (...)
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  12. 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.score: 90.0
    This essay explores the development of "virtue jurisprudence," a general theory of law that draws on ideas developed in virtue ethics.
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  13. Colin Farrelly & Lawrence B. Solum (2007). An Introduction to Aretaic Theories of Law. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 90.0
  14. Ryan Patrick Hanley (2009). Adam Smith and the Character of Virtue. Cambridge University Press.score: 66.0
    The problem : commerce and corruption -- Smith's defense of commercial society -- What is corruption? : political and psychological perspectives -- Smith on corruption : from the citizen to the human being -- The solution : moral philosophy -- Liberal individualism and virtue ethics -- Social science vs. moral philosophy -- Types of moral philosophy : natural jurisprudence vs. ethics -- Types of ethics : utilitarianism, deontology, and virtue ethics -- Virtue ethics : modern, ancient, (...)
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  15. R. A. Duff, Virtue, Vice and the Criminal Law - A Response to Huigens and Yankah.score: 60.0
    First paragraph: It is worth distinguishing two kinds of role that ideas of virtue and vice might play in the criminal law (or in our theoretical understanding of the criminal law). Each kind admits of a range of variations; each can be more or less ambitious in scope and aim: but although there are of course quite close connections between the two kinds, we can usefully sketch them as two different ways of developing a virtue jurisprudence of (...)
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  16. Heidi Li Feldman (2007). Prudence, Benevolence, and Negligence : Virtue Ethics and Tort Law. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 60.0
  17. Antony Duff (2007). Virtue, Vice, and Criminal Liability. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 60.0
     
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  18. Brian Leiter (2011). The Demarcation Problem in Jurisprudence: A New Case for Scepticism. Oxford Journal of Legal Studies 31 (4):663-677.score: 54.0
    Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance that are omnipresent in all modern human societies: law and morality. Positivists propose a solution to this ‘Demarcation Problem’ according to which the legal validity of a norm cannot depend on its being morally valid, either in all or at least some possible legal systems. The proposed analysis purports to specify the essential and necessary features of law in virtue of which this is true. (...)
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  19. Dennis M. Patterson (1996). Law and Truth. Oxford University Press.score: 36.0
    Are propositions of law true or false? If so, what does it mean to say that propositions of law are true and false? This book takes up these questions in the context of the wider philosophical debate over realism and anti-realism. Despite surface differences, Patterson argues that the leading contemporary jurisprudential theories all embrace a flawed conception of the nature of truth in law. Instead of locating that in virtue of which propositions of law are true, Patterson argues that (...)
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  20. N. E. Simmonds (2011). Reply: The Nature and Virtue of Law. Jurisprudence 1 (2):277-293.score: 36.0
    The essay replies to comments by Finnis, Gardner and Endicott, on my book, Law as a Moral Idea . It is questioned whether Finnis is right to suggest that governance by law is a requirement of justice. It is suggested that Hart's positivism may have rested upon an unduly private conception of morality. Gardner's suggestion that Law as a Moral Idea falsely manufactures disagreement with Hart is rejected, principally by pointing out that Gardner focuses upon only one issue, where the (...)
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  21. Lawrence B. Solum (2006). Natural Justice. American Journal of Jurisprudence 51 (1):65-105.score: 36.0
    Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social norms (the nomoi)--they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of substantial dysfunction, the nomoi are limited to those norms that are not clearly inconsistent with the function of law--to create the conditions for human (...)
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  22. P. Berkowitz (2000). Freedom and the Vulnerabilities of Virtue. American Journal of Jurisprudence 45 (1):51-63.score: 36.0
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  23. R. O. Brooks (1986). Coercion to Environmental Virtue: Can and Should Law Mandate Environmentally Sensitive Life Styles? American Journal of Jurisprudence 31 (1):21-64.score: 36.0
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  24. A. L. Scanlan (1958). Freedom, Virtue & the First Amendment. By Walter Berns. Baton Rouge, Louisiana: Louisiana State University Press, 1957. Pp. XIII, 264. $4.00. [REVIEW] American Journal of Jurisprudence 3 (1):189-192.score: 36.0
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  25. Colin Farrelly (2007). Civic Liberalism and the 'Dialogical Model'of Judicial Review. In Colin Patrick Farrelly & Lawrence B. Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan. 489 - 531.score: 30.0
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  26. Robert P. George (2007). The Central Tradition. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 30.0
     
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  27. Kyron Huigens (2007). On Aristotelian Criminal Law : A Reply to Duff. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 30.0
     
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  28. Rosalind Hursthouse (2007). Two Ways of Doing the Right Thing. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 30.0
     
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  29. Suzanna Sherry (2007). Judges of Character. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 30.0
     
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  30. Christian Miller (2014). The Real Challenge to Virtue Ethics From Psychology. In Snow Nancy & Trivigno Franco (eds.), The Philosophy and Psychology of Virtue: An Empirical Approach to Character and Happiness. Routledge. 15-34.score: 27.0
    In section one, I briefly review the Harman/Doris argument and outline the most promising response. Then in section two I develop what I take the real challenge to virtue ethics to be. The final section of the chapter suggests two strategies for beginning to address this challenge.
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  31. Christian Miller (2014). Virtue Epistemology and the Big Five. In Flanagan Owen & Fairweather Abrol (eds.), Naturalizing Virtue. Cambridge University Press. 92-117.score: 27.0
    This paper connects work in psychology on the Big Five Model to the recent debate in philosophy on the empirical adequacy of virtue ethics and virtue epistemology.
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  32. Jonathan Webber (forthcoming). Instilling Virtue. In Alberto Masala & Jonathan Webber (eds.), From Personality to Virtue.score: 27.0
    Two debates in contemporary philosophical moral psychology have so far been conducted almost entirely in isolation from one another despite their structural similarity. One is the debate over the importance for virtue ethics of the results of situational manipulation experiments in social psychology. The other is the debate over the ethical implications of experiments that reveal gender and race biases in social cognition. In both cases, the ethical problem posed cannot be identified without first clarifying the cognitive structures underlying (...)
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  33. Rima Ažubalytė (2012). Influence of the Jurisprudence of the Constitutional Court on the Criminal Procedure. Jurisprudence 19 (3):1059-1078.score: 27.0
    The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies on the works by professionals (...)
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  34. Mindaugas Maksimaitis (2013). The Granary of Legal Thought. Dedicated to the 20th Anniversary of “Jurisprudence”. Jurisprudence 20 (3):801-840.score: 27.0
    The article describes the history of Mykolas Romeris University periodical science journal “Jurisprudence”. The principal characteristics describing “Jurisprudence” as well as the content of the journal are discussed in the article. The “Jurisprudence” of today is a modern tribune that helps the scientists of Mykolas Romeris University and other educational institutions as well as the scientists of foreign countries to present to the society the findings of various scientific works in the sphere of research of fundamental and (...)
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  35. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.score: 27.0
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading (...)
     
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  36. Christian Miller (forthcoming). Russell on Acquring Virtue. In Alfano Mark (ed.), Current Controversies in Virtue Theory. Routledge.score: 27.0
    This is a response paper to Daniel Russell's paper in the same volume. I raise some challenges to Russell's model of virtue acquisition which draws extensively on the CAPS model in psychology and on parallels between virtues and skills.
     
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  37. Christian Miller (forthcoming). The Psychology of Virtue. In Alejo Sison (ed.), Handbook of Virtue Ethics in Business and Management. Springer.score: 27.0
    This chapter provides a brief overview of recent work in psychology on virtue, with a focus on the implications of that research for business. It begins by characterizing what is involved in having a virtuous character trait. It then reviews some of the claims made in two of the leading research traditions on traits in psychology: situationism and the Big Five model. Finally it ends with an application of research on the Big Five trait of conscientiousness to the business (...)
     
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  38. Jack Reynolds (2013). Phenomenology and Virtue Ethics: Complementary Anti-Theoretical Methodological and Ethical Trajectories? In K. Hermberg P. Gyllenhammer (ed.), Phenomenology and Virtue Ethics. Continuum.score: 27.0
    In this paper, I argue that the negative injunctions against certain ways of conceiving of the ethico-political that we can draw explicitly from the methodological strictures of phenomenology are also consistent with some of the core more positive dimensions of contemporary virtue ethics (especially at the more anti-theoretical end of the virtue ethical spectrum), and that central aspects of virtue ethics are consistent with most of the explicit reflections on ethical matters proffered by canonical phenomenologists.
     
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  39. Mark Alfano (2013). Identifying and Defending the Hard Core of Virtue Ethics. Journal of Philosophical Research 38:233-260.score: 24.0
    Virtue ethics has been challenged on empirical grounds by philosophical interpreters of situationist social psychology. Challenges are necessarily challenges to something or other, so it’s only possible to understand the situationist challenge to virtue ethics if we have an antecedent grasp on virtue ethics itself. To this end, I first identify the non-negotiable “hard core” of virtue ethics with the conjunction of nine claims, arguing that virtue ethics does make substantive empirical assumptions about human conduct. (...)
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  40. Martha C. Nussbaum (1999). Virtue Ethics: A Misleading Category? [REVIEW] Journal of Ethics 3 (3):163-201.score: 24.0
    Virtue ethics is standardly taught and discussed as a distinctive approach to the major questions of ethics, a third major position alongside Utilitarian and Kantian ethics. I argue that this taxonomy is a confusion. Both Utilitarianism and Kantianism contain treatments of virtue, so virtue ethics cannot possibly be a separate approach contrasted with those approaches. There are, to be sure, quite a few contemporary philosophical writers about virtue who are neither Utilitarians nor Kantians; many of these (...)
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  41. Jesse Prinz (2009). The Normativity Challenge: Cultural Psychology Provides the Real Threat to Virtue Ethics. [REVIEW] Journal of Ethics 13 (2-3):117 - 144.score: 24.0
    Situationists argue that virtue ethics is empirically untenable, since traditional virtue ethicists postulate broad, efficacious character traits, and social psychology suggests that such traits do not exist. I argue that prominent philosophical replies to this challenge do not succeed. But cross-cultural research gives reason to postulate character traits, and this undermines the situationist critique. There is, however, another empirical challenge to virtue ethics that is harder to escape. Character traits are culturally informed, as are our ideals of (...)
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  42. Julia Annas (2008). The Phenomenology of Virtue. Phenomenology and the Cognitive Sciences 7 (1):21-34.score: 24.0
    What is it like to be a good person? I examine and reject suggestions that this will involve having thoughts which have virtue or being a good person as part of their content, as well as suggestions that it might be the presence of feelings distinct from the virtuous person’s thoughts. Is there, then, anything after all to the phenomenology of virtue? I suggest that an answer is to be found in looking to Aristotle’s suggestion that virtuous activity (...)
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  43. Nafsika Athanassoulis (2005). Common-Sense Virtue Ethics and Moral Luck. Ethical Theory and Moral Practice 8 (3):265 - 276.score: 24.0
    Moral luck poses a problem for out conception of responsibility because it highlights a tension between morality and lack of control. Michael Slote’s common-sense virtue ethics claims to avoid this problem. However there are a number of objections to this claim. Firstly, it is not clear that Slote fully appreciates the problem posed by moral luck. Secondly, Slote’s move from the moral to the ethical is problematic. Thirdly it is not clear why we should want to abandon judgements of (...)
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  44. Robert Audi (2008). The Ethics of Belief: Doxastic Self-Control and Intellectual Virtue. Synthese 161 (3):403 - 418.score: 24.0
    Most of the literature on doxastic voluntarism has concentrated on the question of the voluntariness of belief and the issue of how our actual or possible control of our beliefs bears on our justification for holding them and on how, in the light of this control, our intellectual character should be assessed. This paper largely concerns a related question on which less philosophical work has been done: the voluntariness of the grounding of belief and the bearing of various views about (...)
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  45. Roger Crisp (2010). Virtue Ethics and Virtue Epistemology. Metaphilosophy 41 (1):22-40.score: 24.0
    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, (...)
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  46. R. Jo Kornegay (2011). Hursthouse's Virtue Ethics and Abortion: Abortion Ethics Without Metaphysics? [REVIEW] Ethical Theory and Moral Practice 14 (1):51-71.score: 24.0
    This essay explicates and evaluates the roles that fetal metaphysics and moral status play in Rosalind Hursthouse’s abortion ethics. It is motivated by Hursthouse’s puzzling claim in her widely anthologized paper Virtue Ethics and Abortion that fetal moral status and (by implication) its underlying metaphysics are in a way, fundamentally irrelevant to her position. The essay clarifies the roles that fetal ontology and moral status do in fact play in her abortion ethics. To this end, it presents and then (...)
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  47. Guy Axtell & J. Adam Carter (2008). Just the Right Thickness: A Defense of Second-Wave Virtue Epistemology. Philosophical Papers 37 (3):413-434.score: 24.0
    Abstract Do the central aims of epistemology, like those of moral philosophy, require that we designate some important place for those concepts located between the thin-normative and the non-normative? Put another way, does epistemology need ?thick? evaluative concepts? There are inveterate traditions in analytic epistemology which, having legitimized a certain way of viewing the nature and scope of epistemology's subject matter, give this question a negative verdict; further, they have carried with them a tacit commitment to what we argue to (...)
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  48. Jason Kawall (2009). Virtue Theory, Ideal Observers, and the Supererogatory. Philosophical Studies 146 (2):179-96.score: 24.0
    I argue that recent virtue theories (including those of Hursthouse, Slote, and Swanton) face important initial difficulties in accommodating the supererogatory. In particular, I consider several potential characterizations of the supererogatory modeled upon these familiar virtue theories (and their accounts of rightness) and argue that they fail to provide an adequate account of supererogation. In the second half of the paper I sketch an alternative virtue-based characterization of supererogation, one that is grounded in the attitudes of virtuous (...)
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