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Full-Text Articles in Legal History
On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler
On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler
Articles by Maurer Faculty
Part I of this essay outlines a neo-Aristotelean theory of political virtue, an instance of virtue generally, that serves as the basis of excellent citizenship in the polis. As such, political virtue contributes its share to the achievement of eudaimonia, or the fulfillment of an individual’s natural, human function. In fact, political virtue is especially important because people are political beings, i.e. they seek the good most comprehensively in the context of association with others. Therefore, Aristotle describes politics as the master science of the supreme good, because politics orders the community of the polis and thereby establishes the norms …
Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus
Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus
All Faculty Scholarship
A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …
"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman
"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.