Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum
Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, “Confucian Virtue Jurisprudence,” reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition.
This essay provides a sketch of our contemporary version of Confucian virtue jurisprudence, including a view of …
The Aretaic Turn In Constitutional Theory, Lawrence B. Solum
The Aretaic Turn In Constitutional Theory, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
The author argues that the aretaic turn in constitutional theory is an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions on particular issues and the fervor of their ideological passions.
Part II, Institutionalism and Constitutional …