Aristotle And Modern Law
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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.
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.
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.
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.
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.
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.
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.
Author | : Tony Burns |
Publisher | : A&C Black |
Total Pages | : 359 |
Release | : 2011-10-27 |
Genre | : Philosophy |
ISBN | : 1441199195 |
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.
Author | : Liesbeth Huppes-Cluysenaer |
Publisher | : Springer Science & Business Media |
Total Pages | : 284 |
Release | : 2013-02-14 |
Genre | : Law |
ISBN | : 9400760310 |
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.
Author | : Marko Novak |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 203 |
Release | : 2019-01-24 |
Genre | : Law |
ISBN | : 1527527042 |
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.