Aristotle and The Philosophy of Law: Theory, Practice and Justice, 1st Edition

  • Published By:
  • ISBN-10: 9400760310
  • ISBN-13: 9789400760318
  • DDC: 340.1
  • Grade Level Range: College Freshman - College Senior
  • 276 Pages | eBook
  • Original Copyright 2013 | Published/Released August 2014
  • This publication's content originally published in print form: 2013

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The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richerĀ frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans' own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today.The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

Table of Contents

Front Cover.
Half Title Page.
Other Frontmatter.
Title Page.
Copyright Page.
About the Authors.
1: Virtue Jurisprudence: Towards an Aretaic Theory of Law.
2: Reasoning Against a Deterministic Conception of the World.
3: Law and the Rule of Law and Its Place Relative to Politeia in Aristotle’s Politics.
4: The Best Form of Government and Civic Friendship in Aristotle’s Political Thought: A Discussion Note.
5: Controversy and Practical Reason in Aristotle.
6: Aristotelian Ethics and Aristotelian Rhetoric.
7: Is There Any Theory of Value in Aristotle’s Ethics?.
8: Intellectual Excellences of the Judge.
9: Justice Kata Nomos and Justice as Epieikeia (Legality and Equity).
10: Legality and Equity in the Rhetoric: The Smooth Transition.
11: Legal Rules and Epieikeia in Aristotle: Post-Positivism Rediscovered.
12: Legal Vices and Civic Virtue: Vice Crimes, Republicanism and the Corruption of Lawfulness.
13: A Neo-Aristotelian Notion of Reciprocity: About Civic Friendship and (the Troublesome Character of) Right Judicial Decisions.
14: Synallagma as a Paradigm of Exchange: Reciprocity of Contract in Aristotle and Game Theory.
15: The General Principle of Proportionality and Aristotle.