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Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum
Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The …
Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel
Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel
Cornell Law Faculty Publications
I would like to do several things in this essay. First, I am interested in the sources of students' wariness about moral reasoning and claims about objectivity and truth in ethics. Sometimes I feel like a teacher of geography who must confront a deeply entrenched belief that the earth is flat. The earth is not flat, nor is ethics just a matter of opinion, but one wonders why students persist in thinking the opposite. Teaching effectively requires an understanding of where students are coming from. Accordingly, the opening section of this essay is structured around a series of hypotheses to …