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Legal Subjectivity And The Basis Of Citizenship In Aristotle's Philosophy Of Law, Dr Burns
Legal Subjectivity And The Basis Of Citizenship In Aristotle's Philosophy Of Law, Dr Burns
Dr Burns
This paper considers Aristotle’s views on the nature of the legal subject and the basis of citizenship, specifically in relation to the doctrine of corrective justice outlined in Book V of the Nicomachean Ethics. It may be seen as a contribution to a debate over the issue between Ernest J. Weinrib and Steven J. Heyman which took place in a special issue of Iowa Law Review devoted to corrective justice in 1991-92: Corrective Justice and Formalism: The Care One Owes One's Neighbor, Iowa L. Rev. 77 (1991-92), 403-864. The paper argues that the interpretations of Aristotle which are offered by …
Ernest J. Weinrib’S Legal Formalism And The Philosophies Of Aristotle, Kant And Hegel, Dr Burns
Ernest J. Weinrib’S Legal Formalism And The Philosophies Of Aristotle, Kant And Hegel, Dr Burns
Dr Burns
This paper may be seen as a contribution to a symposium on the legal theory of Hegel which was first published in Cardozo Law Review in 1988-89: 10 Cardozo L. Rev. (1988-89). (Hegel and Legal Theory Symposium, I). It presents a critique of the doctrine of ‘legal formalism,’ as this is presented in the writings of Ernest J. Weinrib. Weinrib associates legal formalism with the legal philosophies of Aristotle, Kant and Hegel. So far as Aristotle is concerned, the paper argues that Weinrib is wrong to argue that Aristotle is a forerunner of the legal philosophy of Kant or of …