Editors:
- 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?
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT)
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Table of contents (15 chapters)
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Front Matter
About this book
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.
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
Editors and Affiliations
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, Department of General Jurisprudence, University of Amsterdam, Amsterdam, Netherlands
Liesbeth Huppes-Cluysenaer
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, Faculdade de Direito de Ribeirão Preto, University of São Paulo, Ribeirão Preto, Brazil
Nuno M.M.S. Coelho
Bibliographic Information
Book Title: Aristotle and The Philosophy of Law: Theory, Practice and Justice
Editors: Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-94-007-6031-8
Publisher: Springer Dordrecht
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer Science+Business Media Dordrecht. 2013
Hardcover ISBN: 978-94-007-6030-1Published: 28 February 2013
Softcover ISBN: 978-94-007-9292-0Published: 07 March 2015
eBook ISBN: 978-94-007-6031-8Published: 14 February 2013
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XIII, 276
Number of Illustrations: 2 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Classical Studies, History of Science