Aristotle's Legal Theory

Aristotle's Legal Theory
Author: George Duke
Publisher: Cambridge University Press
Total Pages: 193
Release: 2020
Genre: Foreign Language Study
ISBN: 110715703X

This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.

Aristotle and Natural Law

Aristotle and Natural Law
Author: Tony Burns
Publisher: Bloomsbury Publishing
Total Pages: 225
Release: 2011-10-27
Genre: Philosophy
ISBN: 1441107169

Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

Aristotle and Modern Law

Aristotle and Modern Law
Author: James Bernard Murphy
Publisher: Dartmouth Publishing Company
Total Pages: 744
Release: 2003
Genre: Law
ISBN:

The series "Philosophers and Law" selects and makes available the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.

Corrective and Distributive Justice

Corrective and Distributive Justice
Author: Izhak Englard
Publisher: Oxford University Press
Total Pages: 252
Release: 2009
Genre: Law
ISBN: 019538007X

Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.

Aristotle on Emotions in Law and Politics

Aristotle on Emotions in Law and Politics
Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer
Total Pages: 470
Release: 2018-02-13
Genre: Law
ISBN: 3319667033

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.

Aristotle and Modern Politics

Aristotle and Modern Politics
Author: Aristide Tessitore
Publisher: University of Notre Dame Press
Total Pages: 456
Release: 2002
Genre: History
ISBN:

Despite the separation between classical and modern theories of government, contributors to Aristotle and Modern Politics find Aristotle a useful interlocutor for assessing both possibilities and limitations in contemporary politics. In this collection, noted political scientists, theologians, and philosophers discuss the magnitude of Aristotle's presence in contemporary debate and demonstrate some of the ways in which Aristotle sheds new light on contemporary problems. This engaging book also exhibits the persistence of political philosophy at a time when the pervasive influence of "ideology" and "historicism" lead many to deny its possibility. Although the authors of these essays differ on the nature of Aristotle's contribution, all are united by the conviction that he has something important to teach citizens of modern political societies. If the fundamental principles of modern politics were drawn from critical reflections of reason over and against the imposition of authority under its various guises, modern politics can best sustain itself by nurturing the critical attitude that initially brought it into being. Paradoxically, serious engagement with the "preliberal" thought of Aristotle can render contemporary debate more fruitful by bringing to light subtle limitations in the political discourse of any era, including our own. If the modern understanding of freedom is primarily freedom to speak and think for oneself, the essays in Aristotle and Modern Politics exhibit the persistence of political philosophy by thinking beyond limits often constricting contemporary paradigms.

Aristotle's "Best Regime"

Aristotle's
Author: Clifford A. Bates, Jr.
Publisher: LSU Press
Total Pages: 250
Release: 2002-12-01
Genre: Political Science
ISBN: 9780807128336

The collapse of the Soviet Union and other Marxist regimes around the world seems to have left liberal democracy as the only surviving ideology, and yet many scholars of political thought still find liberal democracy objectionable, using Aristotle's Politics to support their views. In this detailed analysis of Book 3 of Aristotle's work, Clifford Angell Bates, Jr., challenges these scholars, demonstrating that Aristotle was actually a defender of democracy. Proving the relevance of classical political philosophy to modern democratic problems, Bates argues that Aristotle not only defends popular rule but suggests that democracy, restrained by the rule of law, is the best form of government. According to Aristotle, because human beings are naturally sociable, democracy is the regime that best helps man reach his potential; and because of human nature, it is inevitable democracies will prevail. Bates explains why Aristotle's is a sound position between two extremes -- participatory democracy, which romanticizes the people, and elite theory, which underrates them. Aristotle, he shows, sees the people as they really are and nevertheless believes their self-rule, under law, is ultimately better than all competing forms. However, the philosopher does not believe democracy should be imposed universally. It must arise out of the given cultural, environmental, and historical traditions of a people or its will fall into tyranny. Bates's fresh interpretation rests on innovative approaches to reading Book 3 -- which he deems vital to understanding all of Aristotle's Politics. Examining the work in the original Greek as well as in translation, he addresses questions about the historical Aristotle versus the posited Aristotle, the genre and structure of the text, and both the theoretical and the dialogic nature of the work. Carting Aristotle's rhetorical strategies, Bates shows that Book 3 is not simply a treatise but a series of dialogues that develop a nuanced defense of democratic rule. Bates's accessible and faithful exposition of Aristotle's work confirms that the philosopher's teachings are not merely of historical interest but speak directly to liberal democracy's current crisis of self-understanding.

Aquinas and Modern Law

Aquinas and Modern Law
Author: JamesBernard Murphy
Publisher: Routledge
Total Pages: 1102
Release: 2017-07-05
Genre: Law
ISBN: 1351576216

This volume collects some of the best recent writings on St. Thomas?s philosophy of law and includes a critical examination of Aquinas?s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas?s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.

Cicero and Modern Law

Cicero and Modern Law
Author: Richard Oliver Brooks
Publisher: Routledge
Total Pages: 724
Release: 2009
Genre: History
ISBN:

Cicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern legal thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.

Aristotle and Modern Law

Aristotle and Modern Law
Author: Richard O. Brooks
Publisher:
Total Pages:
Release: 2017
Genre: Electronic books
ISBN: 9781315192413

"This title was first published in 2003. Aristotle's philosophy has had a profound impact on the development of modern law. This volume collects recent important essays demonstrating the continuing relevance of Aristotle's work to contemporary legal issues. The studies deal with Aristotle's legal theory, the virtues of lawyers, law and justice, rights and equity, intellectual virtues in law, universals and particulars, modern fields of law, legal education and modern problems with Aristotle."--Provided by publisher.