Download Free Aristotle And The Philosophy Of Law Theory Practice And Justice Book in PDF and EPUB Free Download. You can read online Aristotle And The Philosophy Of Law Theory Practice And Justice and write the review.

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.
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.
This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.
Publisher Description
A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
In this thought-provoking book, you’ll find timeless questions explored through a fresh lens. First delving into the profound significance of Socrates’ dialogical method and the inescapable nature of conflict, it ponders the rational capacities of humanity in terms of establishing harmonious communities. But this isn’t merely a philosophical debate; it’s a pragmatic exploration of real-world challenges. No longer limiting itself to abstract theories, the book then seeks to navigate the practical terrain of science and politics. Drawing inspiration from Aristotle, renowned for his investigations into the intricate connections between theory, technology, ethics, and politics, it tackles the essential question: How can we reconcile divergent views? At the book’s core lies Aristotle’s revolutionary concept of dialogue, which portrays truth as a delicate equilibrium between opposing forces, transcending the rigid boundaries of true and false. Join this captivating journey as the author reveals the hidden paths to meaningful coexistence in a world filled with conflicting perspectives.
The book Philosophy of Law presents relevant theories, puts emphasis on the analysis of the branches of law and of basic human rights, and proposes the holistic analysis of law. In the first part the author analyses the main elements of each theory (natural law, legal positivism, legal realism, legal formalism, legal liberalism, economic analysis of law, critical legal studies). The main philosophers of law or supporters of each theory are discussed. In the second part of the book human rights and jurisprudence are analysed in the context of public law, criminal law (e.g., death penalty), private law and international law. The holistic analysis of law is proposed as a theory to address modern problems, such as poverty, climate change, the pandemic, and other global issues. The book is designed primarily for law students, teachers and supervisors.
This book is about heroes of law. It provides examples of when judges have exercised courage, moderation, wisdom, and justice rather than blindly following the law. It also discusses the contentious issue of whether a judge has a moral responsibility to defend the rule of law, regardless of what the law actually states. The work presents a collection of thirteen stories about judges who in different settings have stood up against the authorities and public opinion in the defence of the rule of law. An introductory chapter sets the scene with two examples of situations gone wrong when those applying the law have just followed the demands of those in power. The thirteen stories are followed by two theoretical chapters discussing the moral responsibility of the judge. Finally, the book explores the kind of ethical theory required to guide judges in the assessments they must make, and the choices they have to take in order to fulfil their moral responsibilities. It is argued that the classic virtues of courage, moderation, wisdom, and justice are all qualities that can contribute to both sound judgment and reflection. The book thus seeks to nurture a realistic culture and a tradition of cultivating lawyers who defend the rule of law. Against a background where the history of our legal institutions when put to the test, is largely nothing to be proud of, the work seeks to change this by highlighting and reflecting on the exceptions. The book will be illuminating reading for students and academics working in the areas of Jurisprudence, Legal Ethics, and Legal History.