Download PDF by Liesbeth Huppes-Cluysenaer, Nuno M. M. S. Coelho: Aristotle and The Philosophy of Law: Theory, Practice and

By Liesbeth Huppes-Cluysenaer, Nuno M. M. S. Coelho

ISBN-10: 9400760302

ISBN-13: 9789400760301

The publication offers a brand new concentrate on the criminal philosophical texts of Aristotle, which deals a miles richer frame for the certainty of functional suggestion, criminal reasoning and political adventure. It permits realizing how people have interaction in a fancy global, and the way vast the complexity is which ends from humans’ personal energy of self-construction and autonomy. The Aristotelian strategy acknowledges the boundaries of rationality and the inevitable and constitutive contingency in legislations. All this provides a useful device to appreciate the adjustments globalisation imposes to felony event at the present time. The contributions during this assortment don't only concentrate on deepest virtues, yet concentration totally on public virtues. They take care of the truth that legislations relies on political strength and individual can by no means ensure in regards to the proof of a case or concerning the correct method to act. They discover the idea special wisdom of Aristotle's epistemology is important, as a result of direct connection among Enlightened reasoning and felony positivism. They be aware of the idea that of proportionality, which are obvious as a precondition to debate liberalism.

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Additional info for Aristotle and The Philosophy of Law: Theory, Practice and Justice (Ius Gentium: Comparative Perspectives on Law and Justice)

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Aristotle. 1955. Nicomachean ethics. Trans. K. Thomson and H. Tredennick, ed. J. Barnes. Harmondsworth: Penguin Books. , and Sanford Levinson. 2001. Understanding the constitutional revolution. Virginia Law Review 87(6): 1045–1109. Bush v. S. 98 (2000). Dworkin, Ronald. 1986. Law’s empire. Cambridge, MA: The Belknap Press of the Harvard University Press. Ford v. Ford, 68 Conn. App. 2d 1104 (2002). Hobbes, Thomas. 1994. Leviathan. Ed. Edwin Curley. Indianapolis: Hackett Publishing Company. Hursthouse, Rosalind.

2002. Fairness versus welfare. Cambridge, MA: Harvard University Press. Kraut, Richard. 2002. Aristotle: Political philosophy. New York: Oxford University Press. Locke, John. 1988. Two treatises of government. Ed. Peter Laslett. Cambridge: Cambridge University Press. Rawls, John. 2001. A theory of justice. Cambridge, MA: The Belknap Press of the Harvard University Press. Shiner, Roger A. 1994. Aristotle’s theory of equity. Loyola of Los Angeles Law Review 27(4): 1245–1264. United States v. Aluminum Co.

For example, one might rely on duly-enacted and public laws. The fairness conception implicitly requires judge’s to exercise private judgment about first-order questions of fairness. In exercising that judgment, the judge may conclude that expectations generated by reasonable reliance on the law provide reasons of fairness—as in the case of Greenacre—but this is a conclusion of private judgment. One judge might conclude that Ben’s reliance on property law was reasonable, and hence that fairness required a decision for Ben.

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Aristotle and The Philosophy of Law: Theory, Practice and Justice (Ius Gentium: Comparative Perspectives on Law and Justice) by Liesbeth Huppes-Cluysenaer, Nuno M. M. S. Coelho

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