CONTRIBUTORS

C. Recent Work in Applied Virtue Theory > Major New Collection on Law, Virtue and Justice, edited by Amaya and Ho

Amalia Amaya and Hock Lai Ho have edited a major new collection in the law/jurisprudence area of applied virtue theory (Hart Publishing, December 20, 2012)

"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."

http://www.hartpub.co.uk/books/details.asp?isbn=9781849461757

Table of Contents:
1. Of Law, Virtue and Justice – An Introduction 1
Amalia Amaya and Ho Hock Lai

I. Law, Virtue and Legal Reasoning
2. Practical Wisdom in Legal Decision-Making 29
Claudio Michelon
3. The Role of Virtue in Legal Justification 51
Amalia Amaya
4. Education and Paternalism: Plato on Virtue and the Law 67
Sandrine Berges

II. Law, Virtue and Character
5. Neoclassical Public Virtues: Towards an Aretaic Theory of
Law-Making (and Law Teaching) 81
Sherman J Clark
6. Confucian Virtue Jurisprudence 105
Linghao Wang and Lawrence B Solum
7. The Three Stages of Judges’ Self-Development 137
Mateusz Ste˛ pie ´n

III. Virtue Theory and Criminal Law
8. Motivating Intentions, Reciprocal Specification of Ends and the
Assessment of Responsibility 155
Kyron Huigens
9. Liberal Virtue 169
Ekow N Yankah
10. Virtue, Vice and the Criminal Law – A Response to Huigens and
Yankah 195 RA Duff


IV. Legal Fact-Finding: Aretaic Perspectives
11. Virtues of Truthfulness in Forbearing Wrongs: Client Confidentiality
Qualified by Legal Symmetry of Past and Future Harm 217
Hendrik Kaptein
12. Virtuous Deliberation on the Criminal Verdict 241
Ho Hock Lai
13. Must Virtue be Particular? 265
Frederick Schauer

V. Law, Empathy and Justice
14. Empathy, Law and Justice 279
Michael Slote
15. Empathy in Law (A Response to Slote) 293
John Deigh
16. On Empathy as a Necessary, but Not Sufficient, Foundation for Justice
(A Response to Slote) 303
Susan J Brison
17. Reply to Deigh and Brison 311
Michael Slote

Note that Amaya had at least one previous paper in this area, "Virtue and reason in law", in New waves in philosophy of law, edited by Maksymilian del Mar.

Abstract. The concept of virtue figures prominently in current approaches to moral and epistemic reasoning. This paper aims to apply virtue theory to the domain of legal reasoning. My claim is that a virtue approach to legal reasoning illuminates some key aspects of legal reasoning which have, at best, been peripheral in the standard theory of legal reasoning. From a virtue perspective, I shall argue, emerges a picture of legal reasoning that differs in some essential features from the prevalent rule-based approach to legal reasoning.
February 17, 2013 | Registered CommenterGuy Axtell