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

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  1.  45
    Lawrence B. Solum (2003). Virtue Jurisprudence a Virtue–Centred Theory of Judging. Metaphilosophy 34 (1/2):178--213.
    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.  19
    R. A. Duff (2003). The Limits of Virtue Jurisprudence. Metaphilosophy 34 (1-2):214-224.
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  3.  15
    Colin Patrick Farrelly & Lawrence Solum (eds.) (2007). Virtue Jurisprudence. Palgrave Macmillan.
    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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  4.  21
    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
  5. Antony Duff (2006). The Virtues and Vices of Virtue Jurisprudence. In Timothy Chappell (ed.), Values and Virtues: Aristotelianism in Contemporary Ethics. Clarendon Press
     
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  6. B. Lawrence (2003). Solum, Virtue Jurisprudence: A Virtue-Centred Theory of Judging. Metaphilosophy 34 (1/2).
     
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  7.  1
    Saulius Arlauskas (2009). The Criterions of the Scientific Character of Jurisprudence in the Modern Legal Philosophy. Jurisprudence 118 (4):247-264.
    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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  8.  28
    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
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  9.  16
    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
  10. Guy Axtell & Philip Olson (2012). Recent Work in Applied Virtue Ethics. American Philosophical Quarterly 49 (3):183-204.
    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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  11.  20
    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
    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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  12. Colin Farrelly & Lawrence B. Solum (2007). An Introduction to Aretaic Theories of Law. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan
  13.  7
    Ryan Patrick Hanley (2009). Adam Smith and the Character of Virtue. Cambridge University Press.
    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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  14. 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
  15.  6
    Heidi Li Feldman (2007). Prudence, Benevolence, and Negligence : Virtue Ethics and Tort Law. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan
  16.  6
    R. A. Duff, Virtue, Vice and the Criminal Law - A Response to Huigens and Yankah.
    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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  17. Antony Duff (2007). Virtue, Vice, and Criminal Liability. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan
     
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  18. Istvan Hont & Michael Ignatieff (eds.) (1983). Wealth and Virtue the Shaping of Political Economy in the Scottish Enlightenment. Monograph Collection (Matt - Pseudo).
    Wealth and Virtue reassesses the remarkable contribution of the Scottish Enlightenment to the formation of modern economics and to theories of capitalism. Its unique range indicates the scope of the Scottish intellectual achievement of the eighteenth century and explores the process by which the boundaries between economic thought, jurisprudence, moral philosophy and theoretical history came to be established. Dealing not only with major figures like Hume and Smith, there are also studies of lesser known thinkers like Andrew Fletcher, (...)
     
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  19. Athol Fitzgibbons (1995). Adam Smith's System of Liberty, Wealth, and Virtue: The Moral and Political Foundations of the Wealth of Nations. Oxford University Press Uk.
    This book examines the influence that Adam Smith's philosophy had on his economics, drawing on the neglected parts of Smith's writings to show that the political and economic theories built logically on his morals. It analyses the significance of his stoic beliefs, his notions of art and music, astronomy, philosophy and war, and shows that Smith's invisible hand was part of a 'system' that was meant to replace medieval Christianity with ethic of virtue in this world rather than the (...)
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  20.  7
    Brian Leiter (2011). The Demarcation Problem in Jurisprudence: A New Case for Scepticism. Oxford Journal of Legal Studies 31 (4):663-677.
    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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  21. Istvan Hont & Michael Ignatieff (eds.) (1986). Wealth and Virtue: The Shaping of Political Economy in the Scottish Enlightenment. Cambridge University Press.
    Wealth and Virtue reassesses the remarkable contribution of the Scottish Enlightenment to the formation of modern economics and to theories of capitalism. Its unique range indicates the scope of the Scottish intellectual achievement of the eighteenth century and explores the process by which the boundaries between economic thought, jurisprudence, moral philosophy and theoretical history came to be established. Dealing not only with major figures like Hume and Smith, there are also studies of lesser known thinkers like Andrew Fletcher, (...)
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  22.  3
    Ekow Nyansa Yankah (2008). The Law of Duty and the Virtue of Justice. Criminal Justice Ethics 27 (1):67-77.
    In his new book, The Grammar of Criminal Law: American, Comparative, and International, celebrated criminal law theorist George Fletcher excavates criminal law doctrine across a number of countries and cultures to reveal a small number of basic shared structures. Among these structures Fletcher argues that it is a criminal law justified by Kantian legal morality, in contrast to perfectionist or communitarian theories, that is legitimate. Thus, Fletcher proposes, along with legal positivists, that the validity of legal norms does not turn (...)
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  23.  80
    Lawrence B. Solum (2006). Natural Justice. American Journal of Jurisprudence 51 (1):65-105.
    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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  24.  47
    Dennis M. Patterson (1996). Law and Truth. Oxford University Press.
    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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  25.  47
    N. E. Simmonds (2010). Reply: The Nature and Virtue of Law. Jurisprudence 1 (2):277-293.
    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 book (...)
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  26. P. Berkowitz (2000). Freedom and the Vulnerabilities of Virtue. American Journal of Jurisprudence 45 (1):51-63.
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  27. 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.
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  28. 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.
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  29. Rosalind Hursthouse (1999/2001). On Virtue Ethics. Oxford University Press.
    Virtue ethics is perhaps the most important development within late twentieth-century moral philosophy. Rosalind Hursthouse, who has made notable contributions to this development, here presents a full exposition and defense of her neo-Aristotelian version of virtue ethics. She shows how virtue ethics can provide guidance for action, illuminate moral dilemmas, and bring out the moral significance of the emotions.
     
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  30.  99
    Linda Zagzebski (1996). Virtues of the Mind: An Inquiry Into the Nature of Virtue and the Ethical Foundations of Knowledge. Cambridge University Press.
    Almost all theories of knowledge and justified belief employ moral concepts and forms of argument borrowed from moral theories, but none of them pay attention to the current renaissance in virtue ethics. This remarkable book is the first attempt to establish a theory of knowledge based on the model of virtue theory in ethics. The book develops the concept of an intellectual virtue, and then shows how the concept can be used to give an account of the (...)
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  31. Rosalind Hursthouse (2007). Two Ways of Doing the Right Thing. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan
     
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  32. Robert P. George (2007). The Central Tradition. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan
     
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  33. Suzanna Sherry (2007). Judges of Character. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan
     
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  34.  13
    Alasdair C. MacIntyre (2007). After Virtue: A Study in Moral Theory. University of Notre Dame Press.
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  35.  65
    Bradford Cokelet (forthcoming). Confucianism, Buddhism, and Virtue Ethics. European Journal for the Philosophy of Religion.
    Are Confucian and Buddhist ethical views closer to Kantian, Consequentialist, or Virtue Ethical ones? And how can such comparisons shed light on the unique aspects of Confucian and Buddhist views? This essay (i) provides a historically grounded framework for distinguishing western views, (ii) identifies a series of questions that we can ask in order to clarify the philosophic accounts of ethical motivation embedded in the Buddhist and Confucian traditions, and (iii) then critiques Lee Ming-huei’s claim that Confucianism is closer (...)
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  36. Ron Beadle (2013). Managerial Work in a Practice-Embodying Institution: The Role of Calling, The Virtue of Constancy. [REVIEW] Journal of Business Ethics 113 (4):679-690.
    What can be learned from a small scale study of managerial work in a highly marginal and under-researched working community? This article uses the ‘goods–virtues–practices–institutions’ framework to examine the managerial work of owner–directors of traditional circuses. Inspired by MacIntyre’s arguments for the necessity of a narrative understanding of the virtues, interviews explored how British and Irish circus directors accounted for their working lives. A purposive sample was used to select subjects who had owned and managed traditional touring circuses (...)
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  37.  54
    Mauro Rossi & Christine Tappolet (forthcoming). Virtue, Happiness, and Wellbeing. The Monist.
    What is the relation between virtue and wellbeing? Our claim is that, under certain conditions, virtue necessarily tends to have a positive impact on an individual’s wellbeing. This is so because of the connection between virtue and psychological happiness, on the one hand, and between psychological happiness and wellbeing, on the other hand. In particular we defend three claims: that virtue is constituted by a disposition to experience fitting emotions, that fitting emotions are constituents of fitting (...)
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  38.  40
    Thomas E. Hill & Adam Cureton (2014). Kant on Virtue and the Virtues. In Nancy Snow (ed.), Cultivating Virtue: Multiple Perspectives. 87-110.
    Immanuel Kant is known for his ideas about duty and morally worthy acts, but his conception of virtue is less familiar. Nevertheless Kant’s understanding of virtue is quite distinctive and has considerable merit compared to the most familiar conceptions. Kant also took moral education seriously, writing extensively on both the duty of adults to cultivate virtue and the empirical conditions to prepare children for this life-long responsibility. Our aim is, first, to explain Kant’s conception of virtue, (...)
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  39.  53
    Jason S. Baehr (2011). The Inquiring Mind: On Intellectual Virtues and Virtue Epistemology. Oxford University Press.
    This book is the first systematic treatment of 'responsibilist' or character-based virtue epistemology, an approach to epistemology that focuses on intellectual ...
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  40. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
    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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  41.  55
    Mark Alfano (2015). Ramsifying Virtue Theory. In Current Controversies in Virtue Theory. Routledge 123-35.
    In his contribution, Mark Alfano lays out a new (to virtue theory) naturalistic way of determining what the virtues are, what it would take for them to be realized, and what it would take for them to be at least possible. This method is derived in large part from David Lewis’s development of Frank Ramsey’s method of implicit definition. The basic idea is to define a set of terms not individually but in tandem. This is accomplished by assembling all (...)
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  42.  33
    Katrina Sifferd (forthcoming). Virtue Ethics and Criminal Punishment. In Jon Webber & Alberto Masala (eds.), From Personality to Virtue. OUP
    In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational (...)
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  43.  13
    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
    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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  44. 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.
    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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  45.  68
    Thomas Hurka (2003). Virtue, Vice, and Value. OUP Usa.
    What are virtue and vice, and how do they relate to other moral properties such as goodness and rightness? Thomas Hurka defends a distinctive perfectionist view according to which the virtues are higher-level intrinsic goods, ones that involve morally appropriate attitudes to other, independent goods and evils. He develops this highly original view in detail and argues for its superiority over rival views, including those given by virtue ethics.
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  46.  43
    Jonathan Webber (forthcoming). Instilling Virtue. In Alberto Masala & Jonathan Webber (eds.), From Personality to Virtue.
    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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  47.  15
    Liezl van Zyl (2013). Virtue Ethics and Right Action. In Daniel C. Russell (ed.), The Cambridge Companion to Virtue Ethics. Cambridge University Press
    A discussion of three virtue -ethical accounts of right action: a qualified-agent account, agent-based account, and a target-centred account.
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  48. Christian Miller (2015). Russell on Acquiring Virtue. In Alfano Mark (ed.), Current Controversies in Virtue Theory. Routledge 106-117.
    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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  49.  4
    Rima Ažubalytė (2012). Influence of the Jurisprudence of the Constitutional Court on the Criminal Procedure. Jurisprudence 19 (3):1059-1078.
    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 (...)
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  50.  2
    Mark LeBar (2013). Virtue and Politics. In Daniel C. Russell (ed.), The Cambridge Companion to Virtue Ethics. Cambridge University Press 265.
    Various theorists have offered accounts of how a virtue ethical theory might inform a political theory — here meaning a theory of political legitimacy and authority. These theories claim to support a liberal regimen of authority, and they do, but only to a limited extent. -/- What they cannot support is a justificatory liberal authority structure. Each of the accounts given would authorize coercive force to impose on holders of other theories decisions counter to the values endorsed by those (...)
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