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Aristotle and The Philosophy of Law: Theory, Practice and Justice

Aristotle and The Philosophy of Law: Theory, Practice and Justice
Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Science & Business Media
Total Pages: 284
Release: 2013-02-14
Genre: Law
ISBN: 9400760310

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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.


Morals and Law

Morals and Law
Author: Max Hamburger
Publisher: Biblo & Tannen Publishers
Total Pages: 228
Release: 1965-06
Genre: Law
ISBN: 9780819601513

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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

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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 Natural Law

Aristotle and Natural Law
Author: Tony Burns
Publisher: A&C Black
Total Pages: 359
Release: 2011-10-27
Genre: Philosophy
ISBN: 1441199195

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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:

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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.


Nature, Justice, and Rights in Aristotle's Politics

Nature, Justice, and Rights in Aristotle's Politics
Author: Fred Dycus Miller
Publisher: Oxford University Press
Total Pages: 443
Release: 1995
Genre: Literary Criticism
ISBN: 019823726X

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This comprehensive study of Aristotle's Politics argues that nature, justice, and rights are central to Aristotle's political thought. Miller challenges the widely held view that the concept of rights is alien to Aristotle's thought, and presents evidence for talk of rights in Aristotle's writings. He argues further that Aristotle's theory of justice supports claims of individual rights that are political and based in nature.


Justice and Reciprocity in Aristotle's Political Philosophy

Justice and Reciprocity in Aristotle's Political Philosophy
Author: Kazutaka Inamura
Publisher: Cambridge University Press
Total Pages: 267
Release: 2015-09-17
Genre: Law
ISBN: 1107110947

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Examines Aristotle's approaches to how to develop a political community based on the notions of justice and friendship.


Reconstructing Restorative Justice Philosophy

Reconstructing Restorative Justice Philosophy
Author: Theo Gavrielides
Publisher: Routledge
Total Pages: 378
Release: 2016-04-08
Genre: Social Science
ISBN: 1317070178

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This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.


Aristotle on Truth, Dialogue, Justice and Decision

Aristotle on Truth, Dialogue, Justice and Decision
Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Nature
Total Pages: 261
Release: 2023-12-27
Genre: Law
ISBN: 3031454855

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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.