Law, virtue and justice / edited by Amalia Amaya and Ho Hock Lai.

Format:

Book

Contributor:

Amaya, Amalia, editor.

Ho, H. L. (Hock Lai), editor.

Series:

Law and practical reason ; v. 5.

Law and practical reason ; v. 5

Language:

English

Subjects (All):

Justice (Philosophy).

Law--Philosophy.

Law.

Virtue.

Physical Description:

1 online resource (337 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2013.

Language Note:

English

Summary:

"This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality."--Bloomsbury Publishing.

Contents:

Of law, virtue and justice : an introduction / Amalia Amaya and Ho Hock Lai

Practical wisdom in legal decision-making / Claudio Michelon

The role of virtue in legal justification / Amalia Amaya

Education and paternalism : Plato on virtue and the law / Sandrine Berges

Neoclassical public virtues : towards an aretaic theory of law-making (and law teaching) / Sherman J. Clark

Confucian virtue jurisprudence / Linghao Wang and Lawrence B. Solum

The three stages of judges' self-development / Mateusz Stȩpień

Motivating intentions, reciprocal specification of ends and the assessment of responsibility / Kyron Huigens

Liberal virtue / Ekow N. Yankah

Virtue, vice and the criminal law : a response to Huigens and Yankah / R.A. Duff

Virtues of truthfulness in forbearing wrongs : client confidentiality qualified by legal symmetry of past and future harm / Hendrik Kaptein

Virtuous deliberation on the criminal verdict / Ho Hock Lai

Must virtue be particular? / Frederick Schauer

Empathy, law and justice / Michael Slote

Empathy in law (a response to Slote) / John Deigh

On empathy as a necessary, but not sufficient, foundation for justice (a response to Slote) / Susan J. Brison

Reply to Deigh and Brison / Michael Slote.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9781472566294

1472566297

9781782250326

1782250328

OCLC:

843639733