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In the philosophy of law, virtue jurisprudence is the set of theories of law related to virtue ethics. By making the aretaic turn in legal theory, virtue jurisprudence focuses on the importance of character and human excellence or virtue to questions about the nature of law, the content of the law, and judging.
Among the topics encompassed by virtue jurisprudence are:
The most developed aspect of virtue jurisprudence is its distinctive theory of judging. A virtue-centered theory of judging offers an account of the characteristics or excellences that make for a good judge. These include: judicial temperance, judicial courage, judicial temperament, judicial intelligence, judicial wisdom, and justice. Although every theory of judging can incorporate some account of judicial virtue, a virtue-centered theory of judging makes the distinctive claim that the judicial virtues are central, i.e. that they have basic explanatory and normative significance.
Many of the criticisms of virtue jurisprudence are parallel to those offered in the context of debates over virtue ethics. Some of these include:
Other common criticisms of virtue jurisprudence include:
Aristotle argued that the promotion of virtue was the proper end of law. Aquinas argued that true laws (which are rational) can teach virtue by being internalized by those who already possess sufficient virtue to grasp the purpose of the law. Even those who have not yet achieved this level of virtue can be coerced into obedience to the law, and this may enable them to become more virtuous.
A contemporary restatement of this view is found in the writings of Robert George. In his book, Making Men Moral, George argues for the promotion of virtue as the end of law and against the contrary views that the purpose of law is either the protection of rights or the general happiness.
The phrase "virtue jurisprudence" is usually applied in the context of contemporary Western philosophical thinking about law. There are, however, important ideas about the relationship between law and virtue in other intellectual traditions. One example is provided by Confucian ideas about virtue. In the Analects, Confucius argues that a society in which people are virtuous would have no need of judges, rules, or jurisprudence because people would be able to resolve social conflicts by themselves. Thus, it is argued that the idea of virtue is opposed to the idea of law.
It can be argued that even virtuous citizens might disagree about the application of the law, especially where their own interests or ideological commitments are at stake. However, this argument is rather foreign to both traditional and modern Chinese political thought. Chinese political theory tends to assume that the truly virtuous are selfless to the point of martyrdom and would not consider their own personal interests and that the virtuous are able to transcend ideology. At the same time, traditional Chinese political thought regards those with absolute virtue to be historically extremely rare, and that most people, including the Emperor and his officials, are prone to both corruption and error. Consequently, there is a belief that law and indeed government is an unfortunate necessity in dealing with an imperfect world and with imperfect people.
The view that the inculcation of virtue is the proper end of legislation contrasts markedly with traditional Chinese thinking on the subject, which argues that laws exist because men are lacking in virtue. Confucianism places very little faith on the ability of law or external pressure to make men moral but rather believes that virtue must come from introspection and education. Throughout Chinese political and intellectual history, the Confucian view on law was frequently contrasted in discourse and practice with Chinese Legalist philosophy.
Applied ethics is the practical aspect of moral considerations. It is ethics with respect to real-world actions and their moral considerations in private and public life, the professions, health, technology, law, and leadership. For example, bioethics is concerned with identifying the best approach to moral issues in the life sciences, such as euthanasia, the allocation of scarce health resources, or the use of human embryos in research. Environmental ethics is concerned with ecological issues such as the responsibility of government and corporations to clean up pollution. Business ethics includes the duties of whistleblowers to the public and to their employers.
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior". The field of ethics, along with aesthetics, concerns matters of value; these fields comprise the branch of philosophy called axiology.
Jurisprudence is the philosophy and theory of law. It is concerned primarily with what the law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
Natural law is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law. According to the theory of law called jusnaturalism, all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality."
Normative ethics is the study of ethical behaviour and is the branch of philosophical ethics that investigates questions regarding how one ought to act, in a moral sense.
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
Eudaimonia, sometimes anglicized as eudaemonia or eudemonia, is a Greek word literally translating to the state or condition of 'good spirit', and which is commonly translated as 'happiness' or 'welfare'.
This index of ethics articles puts articles relevant to well-known ethical debates and decisions in one place - including practical problems long known in philosophy, and the more abstract subjects in law, politics, and some professions and sciences. It lists also those core concepts essential to understanding ethics as applied in various religions, some movements derived from religions, and religions discussed as if they were a theory of ethics making no special claim to divine status.
Virtue ethics is an approach to ethics that treats virtue as central.
In moral philosophy, deontological ethics or deontology is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules and principles, rather than based on the consequences of the action. It is sometimes described as duty-, obligation-, or rule-based ethics. Deontological ethics is commonly contrasted to consequentialism, utilitarianism, virtue ethics, and pragmatic ethics. In this terminology, action is more important than the consequences.
Ronald Myles Dworkin was an American legal philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in The Journal of Legal Studies, Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He may well head the list."
Ethics involves systematizing, defending, and recommending concepts of right and wrong behavior. A central aspect of ethics is "the good life", the life worth living or life that is simply satisfying, which is held by many philosophers to be more important than traditional moral conduct.
The Nicomachean Ethics is Aristotle's best-known work on ethics: the science of the good for human life, that which is the goal or end at which all our actions aim. It consists of ten subsections, referred to as books or scrolls, and is closely related to Aristotle's Eudemian Ethics. The work plays a pre-eminent role in explaining Aristotelian ethics.
Alasdair Chalmers MacIntyre is a Scottish-American philosopher who has contributed to moral and political philosophy as well as history of philosophy and theology. MacIntyre's After Virtue (1981) is one of the most important works of Anglophone moral and political philosophy in the 20th century. He is senior research fellow at the Centre for Contemporary Aristotelian Studies in Ethics and Politics (CASEP) at London Metropolitan University, Emeritus Professor of Philosophy at the University of Notre Dame, and permanent senior distinguished research fellow at the Notre Dame Center for Ethics and Culture. During his lengthy academic career, he also taught at Brandeis University, Duke University, Vanderbilt University, and Boston University.
John Mitchell Finnis is an Australian legal philosopher and jurist specializing in jurisprudence and the philosophy of law. He is an original interpreter of Aristotle and Aquinas, and counts Germain Grisez as a major influence and collaborator. He has made contributions to epistemology, metaphysics, and moral philosophy.
Aristotle first used the term ethics to name a field of study developed by his predecessors Socrates and Plato which is devoted to the attempt to provide a rational response to the question of how humans should best live. Aristotle regarded ethics and politics as two related but separate fields of study, since ethics examines the good of the individual, while politics examines the good of the City-State, which he considered to be the best type of community.
The following outline is provided as an overview of and topical guide to ethics.
Natural-rights libertarianism is the theory that all individuals possess certain natural or moral rights, mainly a right of individual sovereignty and that therefore acts of initiation of force and fraud are rights-violations and that is sufficient reason to oppose those acts. This is one of the two ethical view points within right-libertarianism, the other being consequentialist libertarianism which only takes into account the consequences of actions and rules when judging them and holds that free markets and strong private property rights have good consequences.
Ethics is the branch of philosophy that examines right and wrong moral behavior, moral concepts and moral language. Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior". The field of ethics, along with aesthetics, concerns matters of value, and thus comprises the branch of philosophy called axiology.
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them, such as soldiers and public officials.
