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This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
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Virtue Jurisprudence Also by Colin Farrelly AN INTRODUCTION TO CONTEMPORARY POLITICAL THEORY CONTEMPORARY POLITICAL THEORY: A Reader (editor) JUSTICE, DEMOCRACY AND REASONABLE AGREEMENT Also by Lawrence B. Solum CIVIL PROCEDURE: PRINCIPLES AND THEORY 18 MOORE’S FEDERAL PRACTICE, 3rd edition (with Susan Bandees) SEMIANNUAL RELEASES (with Tom Rowe) DESTRUCTION OF EVIDENCE (with Jamie Gorelick and Stephen Marzen) DESTRUCTION OF EVIDENCE: Supplement (1989–2006 annual supplements) Virtue Jurisprudence Edited by Colin Farrelly and Lawrence B. Solum Edited matter, selection, introduction, chapters 4, 5, 6 © Colin Farrelly & Lawrence B. Solum 2008 Remaining chapters © their authors 2008 Softcover reprint of the hardcover 1st edition 2008 978-0-230-55289-0 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2008 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-0-230-55289-0 ISBN 978-1-349-60073-1 (eBook) DOI 10.1007/978-1-349-60073-1 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. 10 9 8 7 6 5 4 3 2 1 17 16 15 14 13 12 11 10 09 08 Transferred to Digital Printing in 2011 Contents vi List of Contributors vii Acknowledgments An Introduction to Aretaic Theories of Law Colin Farrelly and Lawrence B. Solum 1 The Central Tradition—Its Value and Limits Robert P. George 2 Prudence, Benevolence, and Negligence: Virtue Ethics and Tort Law Heidi Li Feldman 3 Judges of Character Suzanna Sherry 1 24 51 88 4 Civic Liberalism and the “Dialogical Model” of Judicial Review Colin Farrelly 5 A Virtue-Centered Account of Equity and the Rule of Law Lawrence B. Solum 6 Natural Justice: An Aretaic Account of the Virtue of Lawfulness Lawrence B. Solum 107 142 167 7 Virtue, Vice, and Criminal Liability Antony Duff 193 8 On Aristotelian Criminal Law: A Reply to Duff Kyron Huigens 214 9 Two Ways of Doing the Right Thing Rosalind Hursthouse 236