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Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.
Research Handbook on Legal Argumentation
This Research Handbook presents thirty-three original contributions from leading experts around the globe on all aspects of legal argumentation. Each chapter combines theoretical and practical perspectives to introduce and develop its topic. This title contains one or more Open Access chapters.
Judicial Character in Hard Times
This insightful book analyses how judges' intellectual traits and personalities impact the rule of law and the proper performance of judicial roles. Focusing on times of crisis, the book discusses manifestations of judicial character under internal and external pressures, social unrest, and attacks on judges when their status, independence, and impartiality are under strain.
Law and Literature: A Still-thriving Relationship
What kind of relationship exists between law and literature? Why have so many great jurists and philosophers used literature to explore their own disciplines? What were they looking for, and what did they find? What can law learn from literature, and how does literature reflect legal praxis? This book takes us on a fascinating journey through those questions and their answers. The first part offers a diachronic and thematic overview of the law and literature movement, showing how literature has influenced new ways of thinking about law from a narrative, hermeneutic, humanistic, ethical, and critical perspective. The second part analyzes the value of literature in the education of students, lawyers, and judges. And the third section presents a captivating analysis of the literary notion of justice and the relationship between literature and the economic analysis of law.
The Good Chinese Lawyer
Teaches legal ethics by focussing on the principles that should be used in everyday, honest legal practice.
The Promise of Sharīʿa
This long-overdue volume honors the life and work of Professor Khaled Abou El Fadl, the Omar and Azmeralda Alfi Professor of Law at the UCLA School of Law, and a globally renowned scholar in the field of Islamic law, ethics, and human rights. The present work includes original contributions by Professor Abou El Fadl’s students and colleagues, both established and emerging scholars.
Law, Virtue and Justice
This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is...
Virtue, Emotion and Imagination in Law and Legal Reasoning
What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
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