Law, virtue and justice
By: edited by Amalia Amaya and Ho Hock Lai
Series: Law and practical reason -- v. 5; Law and practical reason -- v. 5.
Publisher: Hart Publishing
Published: 2013
Place of publication: Oxford; Portland, Or
Language: eng
Number of pages: 328
ISBN-13: 9781849461757
Subjects: Law; Philosophy; Justice (Philosophy); Virtue
Description: "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.
Notes: Includes bibliographical references and index.
Table of contents: title: Of law, virtue and justice : an introduction / Amalia Amaya and Ho Hock Lai -- Practical wisdom in legal decision-making  -- Claudio Michelon; title: The role of virtue in legal justification  -- Amalia Amaya; title: Education and paternalism : Plato on virtue and the law  -- Sandrine Berges; title: Neoclassical public virtues : towards an aretaic theory of law-making (and law teaching)  -- Sherman J. Clark; title: Confucian virtue jurisprudence  -- Linghao Wang and Lawrence B. Solum; title: The three stages of judges' self-development  -- Mateusz Ste̜pień; title: Motivating intentions, reciprocal specification of ends and the assessment of responsibility  -- Kyron Huigens; title: Liberal virtue  -- Ekow N. Yankah; title: Virtue, vice and the criminal law : a response to Huigens and Yankah  -- R.A. Duff; title: Virtues of truthfulness in forbearing wrongs : client confidentiality qualified by legal symmetry of past and future harm  -- Hendrik Kaptein; title: Virtuous deliberation on the criminal verdict  -- Ho Hock Lai; title: Must virtue be particular?  -- Frederick Schauer; title: Empathy, law and justice  -- Michael Slote; title: Empathy in law (a response to Slote)  -- John Deigh; title: On empathy as a necessary, but not sufficient, foundation for justice (a response to Slote)  -- Susan J. Brison; title: Reply to Deigh and Brison -- Michael Slote.