{"title":"品格中的推理:德性、法律论证与司法伦理","authors":"Amalia Amaya","doi":"10.1007/s10677-023-10414-z","DOIUrl":null,"url":null,"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.","PeriodicalId":47052,"journal":{"name":"Ethical Theory and Moral Practice","volume":null,"pages":null},"PeriodicalIF":1.0000,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Reasoning in Character: Virtue, Legal Argumentation, and Judicial Ethics\",\"authors\":\"Amalia Amaya\",\"doi\":\"10.1007/s10677-023-10414-z\",\"DOIUrl\":null,\"url\":null,\"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.\",\"PeriodicalId\":47052,\"journal\":{\"name\":\"Ethical Theory and Moral Practice\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2023-10-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ethical Theory and Moral Practice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1007/s10677-023-10414-z\",\"RegionNum\":2,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"PHILOSOPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ethical Theory and Moral Practice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10677-023-10414-z","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"PHILOSOPHY","Score":null,"Total":0}
Reasoning in Character: Virtue, Legal Argumentation, and Judicial Ethics
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.
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.
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