Aristotles Legal Theory

Author : Liesbeth Huppes-Cluysenaer
Publisher : Springer Science & Business Media
ISBN 13 : 9400760310
Total Pages : 284 pages
Book Rating : 4.18/5 ( download)

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Download or read book Aristotle and The Philosophy of Law: Theory, Practice and Justice written by Liesbeth Huppes-Cluysenaer and published by Springer Science & Business Media. This book was released on 2013-02-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer 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.

Author : George Duke
Publisher : Cambridge University Press
ISBN 13 : 110715703X
Total Pages : 193 pages
Book Rating : 4.33/5 ( download)

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Download or read book Aristotle's Legal Theory written by George Duke and published by Cambridge University Press. This book was released on 2019-12-19 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.

Author : Tony Burns
Publisher : Bloomsbury Publishing
ISBN 13 : 1441107169
Total Pages : 225 pages
Book Rating : 4.69/5 ( download)

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Download or read book Aristotle and Natural Law written by Tony Burns and published by Bloomsbury Publishing. This book was released on 2011-10-27 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

Author : Max Hamburger
Publisher : Biblo & Tannen Publishers
ISBN 13 : 9780819601513
Total Pages : 228 pages
Book Rating : 4.19/5 ( download)

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Download or read book Morals and Law written by Max Hamburger and published by Biblo & Tannen Publishers. This book was released on 1965-06 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Liesbeth Huppes-Cluysenaer
Publisher : Springer
ISBN 13 : 3319667033
Total Pages : 473 pages
Book Rating : 4.34/5 ( download)

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Download or read book Aristotle on Emotions in Law and Politics written by Liesbeth Huppes-Cluysenaer and published by Springer. This book was released on 2018-02-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.

Author : Judith A. Swanson
Publisher : Cornell University Press
ISBN 13 : 1501740830
Total Pages : 261 pages
Book Rating : 4.31/5 ( download)

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Download or read book The Public and the Private in Aristotle's Political Philosophy written by Judith A. Swanson and published by Cornell University Press. This book was released on 2019-03-15 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle offers a conception of the private and its relationship to the public that suggests a remedy to the limitations of liberalism today, according to Judith A. Swanson. In this fresh and lucid interpretation of Aristotle's political philosophy, Swanson challenges the dominant view that he regards the private as a mere precondition to the public. She argues, rather, that for Aristotle private activity develops virtue and is thus essential both to individual freedom and happiness and to the well-being of the political order. Swanson presents an innovative reading of The Politics which revises our understanding of Aristotle's political economy and his views on women and the family, slavery, and the relation between friendship and civic solidarity. She examines the private activities Aristotle considers necessary to a complete human life—maintaining a household, transacting business, sustaining friendships, and philosophizing. Focusing on ways Aristotle's public invests in the private through law, rule, and education, she shows how the public can foster a morally and intellectually virtuous citizenry. In contrast to classical liberal theory, which presents privacy as a shield of rights protecting individuals from one another and from the state, for Aristotle a regime can attain self-sufficiency only by bringing about a dynamic equilibrium between the public and the private. The Public and the Private in Aristotle's Political Philosophy will be essential reading for scholars and students of political philosophy, political theory, classics, intellectual history, and the history of women.

Author : R. G. Mulgan
Publisher : Oxford [Eng.] ; New York : Clarendon Press
ISBN 13 : 9780198274162
Total Pages : 156 pages
Book Rating : 4.65/5 ( download)

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Download or read book Aristotle's Political Theory written by R. G. Mulgan and published by Oxford [Eng.] ; New York : Clarendon Press. This book was released on 1977 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical examination of the major doctrines in Aristotle's Politics, as well as other works, such as the Nicomachean Ethics, that are relevant to political thought.

Author : Max Hamburger
Publisher :
ISBN 13 :
Total Pages : 191 pages
Book Rating : 4.44/5 ( download)

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Download or read book Morals and Law written by Max Hamburger and published by . This book was released on 1965 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Clifford A. Bates, Jr.
Publisher : LSU Press
ISBN 13 : 0807128333
Total Pages : 248 pages
Book Rating : 4.36/5 ( download)

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Download or read book Aristotle's "Best Regime" written by Clifford A. Bates, Jr. and published by LSU Press. This book was released on 2002-12-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collapse of the Soviet Union and other Marxist regimes around the world seems to have left liberal democracy as the only surviving ideology, and yet many scholars of political thought still find liberal democracy objectionable, using Aristotle's Politics to support their views. In this detailed analysis of Book 3 of Aristotle's work, Clifford Angell Bates, Jr., challenges these scholars, demonstrating that Aristotle was actually a defender of democracy. Proving the relevance of classical political philosophy to modern democratic problems, Bates argues that Aristotle not only defends popular rule but suggests that democracy, restrained by the rule of law, is the best form of government. According to Aristotle, because human beings are naturally sociable, democracy is the regime that best helps man reach his potential; and because of human nature, it is inevitable democracies will prevail. Bates explains why Aristotle's is a sound position between two extremes -- participatory democracy, which romanticizes the people, and elite theory, which underrates them. Aristotle, he shows, sees the people as they really are and nevertheless believes their self-rule, under law, is ultimately better than all competing forms. However, the philosopher does not believe democracy should be imposed universally. It must arise out of the given cultural, environmental, and historical traditions of a people or its will fall into tyranny. Bates's fresh interpretation rests on innovative approaches to reading Book 3 -- which he deems vital to understanding all of Aristotle's Politics. Examining the work in the original Greek as well as in translation, he addresses questions about the historical Aristotle versus the posited Aristotle, the genre and structure of the text, and both the theoretical and the dialogic nature of the work. Carting Aristotle's rhetorical strategies, Bates shows that Book 3 is not simply a treatise but a series of dialogues that develop a nuanced defense of democratic rule. Bates's accessible and faithful exposition of Aristotle's work confirms that the philosopher's teachings are not merely of historical interest but speak directly to liberal democracy's current crisis of self-understanding.

Author : Amalia Amaya
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250336
Total Pages : 336 pages
Book Rating : 4.33/5 ( download)

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Download or read book Law, Virtue and Justice written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2012-12-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.