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Topic: Virtue jurisprudence

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	Jurisprudence - LoveToKnow 1911
		Analytical jurisprudence is in England associated chiefly with the name of John Austin, whose Province of Jurisprudence Determined systematized and completed the work begun in England by Hobbes, and continued at a later date and from a different point of view by Bentham.
		The connexion of laws with each other as principles is properly the subject matter of historical jurisprudence, the ideal perfection of which would be the establishment of the general laws governing the evolution of law in the technical sense.
		On the ground of clearness and convenience Austin's method is, we believe, substantially right, but none the less should the student of jurisprudence be on his guard against such assumptions as that legislation is a universal phenomenon, or that the relation of sovereign and subject is discernible in all states of human society.
	www.1911encyclopedia.org /Jurisprudence (11343 words)

	Ancient History Sourcebook: Edward Gibbon: The Idea of Roman Jurisprudence
		Virtue, or even reason, will suggest to his impartial mind, that he is the guardian of peace and equity, and that the interest of society is inseparably connected with his own.
		The jurisprudence of the first Romans exhibited the scenes of a pantomime; the words were adapted to the gestures, and the slightest error or neglect in the forms of proceeding was sufficient to annul the substance of the fairest claim.
		The books of jurisprudence were interesting to few, and entertaining to none: their value was connected with present use, and they sunk forever as soon as that use was superseded by the innovations of fashion, superior merit, or public authority.
	www.fordham.edu /halsall/ancient/gibbon-chap44.html (17290 words)

	Virtue jurisprudence - Wikipedia, the free encyclopedia
		The most developed aspect of virtue jurisprudence is its distinctive theory of judging.
		The argument that virtue jurisprudence requires inordinate trust in the capacities of judges.
		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.
	en.wikipedia.org /wiki/Virtue_jurisprudence (950 words)

	Philosophy of Law Encyclopedia Article @ Supposedly.net (Site not responding. Last check: 2007-11-01)
		Jurisprudence is the theory and Formalism of Brocard.
		Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, Political jurisprudence and of legal institutions.
		The analytic side of jurisprudence seeks to ask questions like "what is law?", "what are the criteria for legal validity?", "what is the relationship between law and morality?".
	www.supposedly.net /encyclopedia/Philosophy_of_law (2839 words)

	Law and Virtue in Aquinas
		Virtue, on the other hand, is commonly understood to be that by which one acts morally on one's own.
		Virtue frees a person from the constraint of law because the virtuous person is already choosing to act in conformity with law and morality.
		The virtues that are properly the effect of law, then, are the civic virtues, and in all cases the virtue of being a law-abiding citizen.
	www.aquinasonline.com /Magee/virtlaw.html (4088 words)

	The Metaphysical Elements of Ethics (Kant)
		Jurisprudence had to do only with the formal condition of external freedom (the condition of consistency with itself, if its maxim became a universal law), that is, with law.
		Virtue, however, is not to be defined and esteemed merely as habit, and (as it is expressed in the prize essay of Cochius) as a long custom acquired by practice of morally good actions.
		Virtue then is the moral strength of a man's will in his obedience to duty; and this is a moral necessitation by his own law giving reason, inasmuch as this constitutes itself a power executing the law.
	academics.triton.edu /uc/files/ikethics.html (7472 words)

	Virtue and Virtue Theory Information Portal @ Godliness.us (Site not responding. Last check: 2007-11-01)
		It is through the relationship of each virtue to wisdom that each may be said to be the same as all of the others, on the one hand, and also that some virtues may be regarded as proper parts of some other virtues, or as proper parts of virtue in general, on the other.
		The thesis of the unity of the virtues is controversial - one might argue that humans can be courageous without being wise - but it is often defended, particularly in Plato's early dialogues, by the claim that all virtues are a single sort of knowledge, perhaps 'knowledge of good and evil'.
		Virtue Ethics and Core Values - Essay by Jeffrey R. Tiel presented at JSCOPE 99, applying the discussion on virtue ethics to the needs of the US armed services, and arguing that an account of virtue needs to be supplemented by an account of core values.
	www.godliness.us (1854 words)

	Legal Theory Blog: Legal Theory Lexicon: Virtue Ethics
		Obviously, virtue ethics has something to do with virtue, which in this context is closely related in meaning to the English word "excellence," the Latin "virtu," and the Greek, "arete." Sometimes "virtue ethics" is also called "aretaic moral theory," using the adjective form of the Greek word for virtue.
		A virtue politics might begin with the idea that the goal of the state should be the establishment of the conditions for the development of human excellence.
		We might call an aretaic approach to legal theory "virtue jurisprudence." Among the topics that aretaic legal theory might explore is a virtue-centered theory of judging, which describes the particular excellences required by judges.
	lsolum.typepad.com /legaltheory/2006/11/legal_theory_le.html (2348 words)

	Philosophy of Law [Internet Encyclopedia of Philosophy]
		On Hart's view, the rule of recognition is authoritative in virtue of a convention among officials to regard its criteria as standards that govern their behavior as officials.
		So-called outsider jurisprudence is concerned with providing an analysis of the ways in which law is structured to promote the interests of white males and to exclude females and persons of color.
		For example, one principal objective of feminist jurisprudence is to show how patriarchal assumptions have shaped the content of laws in a wide variety of areas: property, contract, criminal law, constitutional law, and the law of civil rights.
	www.iep.utm.edu /l/law-phil.htm (6898 words)

	A VIRTUE LESS CLOISTERED: COURTS, SPEECH AND CONSTITUTIONS
		In A VIRTUE LESS CLOISTERED, Ian Cram undertakes a comparative study of the interplay in the jurisprudence and practice exhibited by some democratic societies in the exercise of these two core rights.
		The theme is that the balance struck by United States courts in their constructions of the First and Sixth Amendment rights to free expression and fair trial is paradigmatic of the proper accommodation of these rights.
		It is a methodology he employs with regard to virtually all of the issues that he deems to merit extended treatment.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/cram-ian.htm (1906 words)

	LIBERALISM'S VIRTUE
		Virtue is back in fashion, and not only in the academy where liberals and communitarians, feminists and civic republicans, neo-Aristotelians and natural law theorists are busy expounding rival and in many ways incompatible catalogues of virtue.
		Beneficence is a virtue that expresses a general respect for the humanity in other persons; gratitude a respect for the humanity in benefactors; and sympathy a respect for the humanity in the poor and downtrodden.
		Their differences of opinion about virtue as well as underlying continuities can be brought out by examining in the case of each thinker the specific catalogue of virtues put forward, the end or ends virtue is asked to serve, and the means proposed for fostering virtue.
	www.peterberkowitz.com /liberalismsvirtue.htm (6428 words)

	Jurisprudence - Wikipedia, the free encyclopedia
		Jurisprudence is the theory and philosophy of law.
		Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions.
		Virtue jurisprudence is the view that the laws should promote the development of virtuous characters by citizens.
	en.wikipedia.org /wiki/Jurisprudence (2645 words)

	untitled (Site not responding. Last check: 2007-11-01)
		Sovereign Virtue is a collection of essays written since 1981 in which Dworkin deepens his theoretical account of liberalism and expands on its practical imperatives for democracy in America.
		And it is a shortsighted concern for equality that neglects the shadow vices -envy, conformism, and sluggishness-that imperil democracy and liberty.
		At the same time, exposing the subtle maneuvers and clever obfuscations he employs to advance his particular derivation of law and public policy from morality is a powerful reminder that we have good reason to limit our dependence on philosophers.
	mason.gmu.edu /~berkowit/easyvirtue.htm (1029 words)

	Immanuel Kant: Introduction to the Metaphysic of Morals
		It adopts the law (pacta sunt servanda) and the duty corresponding to it, from jurisprudence or the science of right, by which they are established.
		jurisprudence as the science of right, and ethics as the science of virtue, are therefore distinguished not so much by their different duties, as rather by the difference Of the legislation which connects the one or the other kind of motive with their laws.
		The following conceptions are common to jurisprudence and ethics as the two main divisions of the metaphysic of morals.
	www.constitution.org /kant/ntrometa.htm (6754 words)

	kant
		To virtue = + a is opposed as its logical contradictory (contradictorie oppositum) the negative lack of virtue (moral weakness) = o; but vice = a is its contrary (contrarie s.
		This separation on which the subdivision of moral philosophy in general rests, is founded on this: that the notion of freedom, which is common to both, makes it necessary to divide duties into those of external and those of internal freedom; the latter of which alone are ethical.
		Virtue is always in progress, and yet always begins from the beginning.
	www.studyss.freenet.kz /articles/kant.htm (7693 words)

	I
		Finally, section five suggests that bringing communicative virtues to the forefront of First Amendment analysis is not inconsistent with broader theories of constitutional fidelity.
		A virtual meeting where anonymity is assured may be the preferred forum for many reasons.
		Some suggest that the proper standard is that of the "virtual community." Viewership, however, cannot be defined or easily ordained in cyberspace, so the notion of a virtual community seems to lack meaningful definition.
	zoo.cs.yale.edu /classes/cs490/02-03b/jonathan.winer (12964 words)

	Sovereign Virtue
		A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution.
		As Dworkin sees it, the magnanimity of virtue imbues the political mind with an enlightened form of self-interest that has the potential to override immediate or corporeal self-interests of time, money, and labor.
		In 1969, Dworkin was appointed the Chair of Jurisprudence at the University of Oxford, in which position he succeeded H.L.A. Hart.
	www.ou.edu /cas/psc/bookdworkin5.htm (2504 words)

	Duhaime's Canadian Law Dictionary : J-K (Site not responding. Last check: 2007-11-01)
		Abbreviation for "juris doctor" or "doctor of jurisprudence" and the formal name given to the university law degree in the United States.
		The actual application of these statutes to facts is left to judges who consider not only the statute but also other legal rules which might be relevant to arrive at a judicial decision; hence, the "science".
		Thus, jurisprudence" has come to refer to case law, or the legal decisions which have developed and which accompany statutes in applying the law against situations of fact.
	www.duhaime.org /dictionary/dict-jk.aspx (680 words)

	virtues-march2002
		There will also be a session on virtue jurispudence and sessions for postgraduate papers.
		One of the dominant movements in post-war ethical philosophy has been that of virtue ethics, which takes its cue from the writings of Aristotle.
		What has been significant about recent discussion in epistemology is that it has started to draw on virtue-theoretic approaches in ethics to offer analogous virtue-theoretic accounts of knowledge.
	www.philosophy.stir.ac.uk /news/virtues-march2002.php (1030 words)

	Philosophy Papers Online: Paper Display
		"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory.
		The centrality of virtue as a character trait can be drawn out by analyzing the virtue of justice into constituent elements.
		The essay argues that a virtue-centered theory accounts for the role that virtuous practical judgment plays in the application of rules to particular fact situations.
	phonline.org /paper.php?keynum=718 (266 words)

	Kant, The Philosophy of Law ToC: The Online Library of Liberty (Site not responding. Last check: 2007-11-01)
		It was published in 1796,2 as the First Part of his Metaphysic of Morals,3 the promised sequel and completion of the Foundation for a Metaphysic of Morals,4 published in 1785.
		But it is meant withal that the Philosophy of Jurisprudence has really flourished in the Nineteenth Century only where Kant’s influence has been effective, and that the higher altitudes of jural science have only come into sight where he has been taken as a guide.
		Professor Lorimer of the Edinburgh University, while maintaining an independent and critical attitude towards the various Schools of Jurisprudence, is in close sympathy with the Principles of Krause (The Institutes of Law: a Treatise of the Principles of Jurisprudence as determined by Nature, 2nd ed.
	oll.libertyfund.org /Home3/HTML.php?recordID=0139 (12773 words)

	The Virtue of Fairness
		It may very well be that the first moral judgment a child utters is “That’s not fair!” Virtually all studies on the subject report that children as young as four already have an active and flourishing sense of fairness.
		The difference between fairness and justice, though subtle, is pivotal in the area of virtue education.
		He has written hundreds of articles for various scholarly and popular journals, and is the author of twenty books, including The Heart of Virtue, The Many Faces of Virtue, Virtue's Alphabet: From Amiability to Zeal and Architects Of The Culture Of Death.
	www.catholiceducation.org /links/jump.cgi?ID=2310 (932 words)

	resume
		Virtue Jurisprudence: A Virtue-Centered Theory of Judging, 34 Metaphilosophy 178 (2003) reprinted in Moral and Epistemic Virtues (Michael Brady and Duncan Prichard eds., Blackwell Publishing 2003).
		Virtue Jurisprudence: A Virtue Centered Theory of Judging, Loyola-LA Public Law Research Paper No. 2003-4, Accepted Paper Series, Social Science Research Network, URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=369940 (2002).
		Virtues and Voices and Commentary on Ronald Beiner, The Liberal Regime, Both delivered to the Symposium on Classical Philosophy and the American Order, Chicago-Kent School of Law, Illinois Institute of Technology (May 22, 1990).
	home.sandiego.edu /~lsolum/solumcv.htm (3004 words)

	Amazon.com: Sovereign Virtue: The Theory and Practice of Equality: Books: Ronald Dworkin (Site not responding. Last check: 2007-11-01)
		Sovereign Virtue gives the impression Dworkin may have sat down and knocked this out in a weekend or two without any peer review.
		With Sovereign Virtue, Ronald Dworkin finally presents his political theory in a form convenient for the general reader, stripped of the specialized arguments about jurisprudence on which he has built his reputation.
		The issue in Sovereign Virtue is not how judges should decide cases, but what kind of equality between individuals government should secure and maintain.
	www.amazon.com /Sovereign-Virtue-Theory-Practice-Equality/dp/0674002199 (2515 words)

	Legal Theory Blog
		And the cases themselves have not been overruled or rendered obsolete in the intervening years; instead they illustrate the enduring importance of congressional authorization and international law in setting the scope of the President's war powers.
		Navigating through the zone of twilight requires a pragmatic focus on the implications of exigent procedures for both public safety and the relationships between the three branches.
		The conservative jurisprudence of "originalism," favored by Bush judicial appointees, directs judges to stick to the Constitution as the Framers understood it, and to read statutes to mean what they say.
	lsolum.blogspot.com /archives/2003_11_01_lsolum_archive.html (11705 words)

	Mirror of Justice: July 2004
		While it may be unrealistic to think of a large multinational corporation as constituting such a community, it is perfectly plausible to think of the corporation as an intermediary institution standing between the individual and Leviathan.
		In other words, while virtuous citizens are developed by smaller institutions with roots in the local community, the corporation still can act as a vital counter-vailing force against the state.
		There is not nearly as much discussion of values education or virtue ethics in American law schools (Tom Shaffer and his followers being the notable exceptions), which may be attributable, most charitably, to the regulation-heavy approach to lawyering that American law students are responsible for learning.
	www.mirrorofjustice.com /mirrorofjustice/2004/07/index.html (10454 words)

	Jurisprudence 315 - U.Miami School of Law
		Anthony D'Amato, Jurisprudence: A Descriptive and Normative Analysis of Law 304-327 (1984).
		Anthony D'Amato, Jurisprudence: A Descriptive and Normative Analysis of Law 46-55 (1984).
		Howard Davies and David Holdcroft, Jurisprudence: Texts and Commentary 69-84, 107-08 (1991).
	osaka.law.miami.edu /~froomkin/jurisprudence/index.html (1155 words)

	Properly understanding the separation of Church and State
		Neither did the 14th Amendment, until the doctrine of incorporation was fully codified into jurisprudence by virtue of the 1940 Cantwell v.
		The Danbury Baptists as mentioned above, would have seen such enactment as very favorable, by virtue of their minority status.
		Another ploy they use is to say that the Constitution is strictly secular, since there is no reference to God until the last line of the Constitution(and they call that phrase meaningless legalese).
	www.commonvoice.com /article.asp?colid=1315 (1154 words)

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