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Full-Text Articles in Legal Theory
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 Inevitability Of Conscience: A Response To My Critics, David Luban
The Inevitability Of Conscience: A Response To My Critics, David Luban
Georgetown Law Faculty Publications and Other Works
This essay by Professor David Luban is written in response to critics of his book, Legal Ethics and Human Dignity.
In part I Professor Luban addresses the primacy that he assigns conscience over the professional role and focuses mainly on the arguments of his critics, Professors Norman Spaulding and W. Bradley Wendel. Part II explores the challenge of pluralism, replying primarily to Professors Katherine Kruse, Spaulding, and Wendel. Part III, in response to Professors Kruse and William Simon, elaborates on the concept of human dignity. Part IV discusses institutions and ethics, focusing on Professors Susan Carle and Simon. The …