Virtue Jurisprudence

by Farrelly, Colin; Solum, Lawrence

• ISBN13: 9780230552890
• ISBN10: 0230552897
• Format: Hardcover
• Copyright: 2007-12-15
• Publisher: Palgrave Macmillan

Summary

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.

Author Biography

DR COLIN FARRELLY is Associate Professor of Political Science (Cross-Appointed with Philosophy) at the University of Waterloo, Canada. Previous appointments include positions at Oxford University and the University of Manchester. Farrelly's research interests are interdisciplinary and he has published articles in peer-reviewed journals in law, philosophy, politics and bioethics. His most recent book is entitled Justice, Democracy and Reasonable Agreement (Pagrave, 2007).

PROFESSOR LAWRENCE B. SOLUM is John E. Cribbet Professor of Law and Professor of Philosophy at the University of Illinois College of Law. Previous appointments include Professor of Law and the Herzog Endowed Scholar at the University of San Diego School of Law, where he also co-directed the Institute on Law and Philosophy. Solum's articles have appeared in the nation's leading law journals and his current research includes work applying game theory to federal judicial selection and the application of virtue ethics to legal theory.

Table of Contents

An Introduction to Aretaic Theories of Law	p. 1
The Central Tradition - Its Value and Limits	p. 24
Prudence, Benevolence, and Negligence: Virtue Ethics and Tort Law	p. 51
Judges of Character	p. 88
Civic Liberalism and the "Dialogical Model" of Judicial Review	p. 107
A Virtue-Centered Account of Equity and the Rule of Law	p. 142
Natural Justice: An Aretaic Account of the Virtue of Lawfulness	p. 167
Virtue, Vice, and Criminal Liability	p. 193
On Aristotelian Criminal Law: A Reply to Duff	p. 214
Two Ways of Doing the Right Thing	p. 236
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