Reasoning in Character: Virtue, Legal Argumentation, and Judicial Ethics

IF 1 2区哲学 0 PHILOSOPHY

Ethical Theory and Moral Practice Pub Date : 2023-10-16 DOI:10.1007/s10677-023-10414-z

Amalia Amaya

引用次数: 0

Abstract

Abstract This paper develops a virtue-account of legal reasoning which significantly differs from standard, principle-based, theories. A virtue approach to legal reasoning highlights the relevance of the particulars to sound legal decision-making, brings to light the perceptual and affective dimensions of legal judgment, and vindicates the relevance of description and specification to good legal reasoning. After examining the central features of the theory, the paper proposes a taxonomy of the main character traits that legal decision-makers need to possess to successfully engage in legal reasoning. The paper concludes by discussing an array of strategies in legal education, institutional design, and legal culture that can be put in place to work virtue in legal decision-making.

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品格中的推理:德性、法律论证与司法伦理

摘要:本文发展了一种与标准的、基于原则的理论显著不同的法律推理的虚拟账户。法律推理的美德方法强调了细节与健全法律决策的相关性，揭示了法律判断的感性和情感维度，并证明了描述和规范与良好法律推理的相关性。在考察了该理论的核心特征之后，本文提出了法律决策者成功从事法律推理所需具备的主要性格特征的分类。本文最后讨论了法律教育、制度设计和法律文化方面的一系列策略，这些策略可以在法律决策中发挥美德。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Ethical Theory and Moral Practice PHILOSOPHY-

CiteScore

1.90

自引率

10.00%

发文量

期刊介绍： Ethical Theory and Moral Practice is a double-anonymous peer-reviewed philosophical journal which aims to publish the best work produced in all fields of practical philosophy. It welcomes high-quality, rigorous and original, submissions regardless of the traditions or schools of thought from which they derive. As an editorial priority, however, published papers should be accessible to the philosophical community at large and as free as possible of unnecessary jargon. Ethical Theory and Moral Practice publishes work on ethical theories that address practical problems, as well as work that presents or examines empirical findings regarding moral practices relevant for ethical theorizing. The journal therefore actively seeks to promote cross-fertilization across areas of practical philosophy—such as moral, political, legal, and social philosophy—and more empirical disciplines, such as medicine, economics, sociology, political science, and psychology. It welcomes work in applied ethics provided that it can offer theoretical or normative contributions to larger philosophical debates. The journal also considers historically-oriented contributions provided they are not mainly exegetical and can offer insights for current debates in practical philosophy. The journal endorses the BPA/ SWIP-UK Good Practice for Journals. Further details are available in our Review Policy document.