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Law | Aristotle and The Philosophy of Law: Theory, Practice and Justice

Aristotle and The Philosophy of Law: Theory, Practice and Justice

Huppes-Cluysenaer, Liesbeth, Coelho, Nuno M.M.S. (Eds.)

2013, XIII, 276 p. 2 illus.

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  • Provides a new focus on the legal philosophical research of Aristotle in the light of Globalization
  • Brings together experts on Aristotle and lawyers, political scientists, philosophers and historians in a unique collaboration
  • The collection is the result of an international cooperation spanning 4 years​    

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.

Content Level » Research

Keywords » Aretaic Theory of Law - Aristotelian Ethics - Aristotelian Rhetoric - Aristotle - Aristotle and Natural law - Aristotle and Post-Positivism - Aristotle to Game Theory - Aristotle vs. Schauer on Rules - Aristotle’s Nicomachean Ethics - Deconstructivism and Neo-Aristotlianism - Deterministic/Mechanistic Conception of the World - Game Theory - In Aristotle’s Nicomachean Ethics - Integrity of the Judge - Intellectual Excellences of the Judge - Justice Kata Nomos - Justice as Epieikés - Law and the Rule of Law - Legal Vices and Civic Virtues - Legality and Equity - Politeia in Ariostotle’s Politics - Reasoning Against a Deterministic/Mechanistic Conception - Rhetorical Structure of Phronesis - Rule of Law and Politeia in Aristotle's Politics - Rules as Generalisations - The Rhetorical Structure of Phronesis - The Rule of Law and Aristotle's Politeia - Theory of Natural Law - Virtue Jurisprudence

Related subjects » History of Science - Law - Value Theory

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