By Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho
1. advantage Jurisprudence: in the direction of an Aretaic conception of legislations; Lawrence B. Solum.- 2. Reasoning opposed to a deterministic/mechanistic notion of the realm; Liesbeth Huppes-Cluysenaer.- three. legislations and the guideline of legislations and its position relative to politeia in Ariostotle's Politics; Clifford Angell Bates.- 4.The most sensible type of executive and Civic Friendship in Aristotle's Political suggestion; Ki-Won Hong.- five. Controversy and useful cause in Aristotle; Nuno M.M.S. Coelho.- 6. Aristotelian ethics and Aristotelian rhetoric; Marcel Becker.- 7. Is There Any concept of worth in Aristotle's Ethics?; Antonio de Castro Caeiro.- eight. highbrow Excellences of the pass judgement on; Tommi Ralli.- nine. Justice kata nomos and justice as epieikeia (legality and equity); Samuli Hurri.- 10. Legality and fairness within the Rhetoric: the graceful Transition; Miklos Konczol.- eleven. criminal principles and Epieikeia in Aristotle: Post-Positivism rediscovered; Jesus Vega.- 12. criminal Vices and Civic Virtues; Ekow N. Yankah.- thirteen. A neo-Aristotelian idea of reciprocity: approximately civic friendship and (the difficult personality of) correct judicial judgements; Iris van Domselaar.- 14. Synallagma as a paradigm of trade: reciprocity of agreement in Aristotle and video game idea; Mariusz Jerzy Golecki.- 15. the final precept of Proportionality and Aristotle; Eric Engle.- concerning the Authors.
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Extra info for Aristotle and the philosophy of law : theory, practice and justice
Written communication skills are especially important for appellate judges in a common law system, because of the doctrine of stare decisis. Because appellate opinions set precedent, a badly written opinion can misstate the law or state the law in a misleading way. A really well drafted opinion, on the other hand, can clarify the obscure and illuminate the meaning of murky legal texts. Good communication skills are also important to judges when they mediate between the parties to a dispute. A skilled judge can gain the trust and cooperation of the parties—resorting to the threat of sanctions only in those rare cases when force is truly necessary.
B. Solum a mean between these two extremes; we imagine Judge Kirk as appropriately outraged by bad behavior and injustice, but nonetheless remaining “in control,” angered by the right things and responding with in an appropriate manner. The virtue of judicial temperament consists in having appropriate anger—anger for the right reasons on the right occasions with a clear understanding of the consequences of its expression. More concretely, when a party flouts the law or disrespects the participants in a legal proceeding, anger may be appropriate.
Cambridge, MA: Harvard University Press. Kraut, Richard. 2002. Aristotle: Political philosophy. New York: Oxford University Press. Locke, John. 1988. Two treatises of government. Ed. Peter Laslett. Cambridge: Cambridge University Press. Rawls, John. 2001. A theory of justice. Cambridge, MA: The Belknap Press of the Harvard University Press. Shiner, Roger A. 1994. Aristotle’s theory of equity. Loyola of Los Angeles Law Review 27(4): 1245–1264. United States v. Aluminum Co. 2d 416 (2d Cir. 1945).
Aristotle and the philosophy of law : theory, practice and justice by Liesbeth Huppes-Cluysenaer, Nuno M.M.S. Coelho