Reasoning in Character: Virtue, Legal Argumentation, and Judicial Ethics
This paper develops a virtue-account of legal reasoning which significantly differs from standard, principle-based, theories. A virtue approach to legal reasoning highlights the relevance of the particulars to sound legal decision-making, brings to light the perceptual and affective dimensions of le...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2025
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| In: |
Ethical theory and moral practice
Year: 2025, Volume: 28, Issue: 3, Pages: 359-378 |
| Further subjects: | B
Legal Education
B Judicial virtue B Legal culture B Design jurisprudence B Legal reasoning B Virtue jurisprudence |
| Online Access: |
Volltext (kostenfrei) |
| Summary: | This paper develops a virtue-account of legal reasoning which significantly differs from standard, principle-based, theories. A virtue approach to legal reasoning highlights the relevance of the particulars to sound legal decision-making, brings to light the perceptual and affective dimensions of legal judgment, and vindicates the relevance of description and specification to good legal reasoning. After examining the central features of the theory, the paper proposes a taxonomy of the main character traits that legal decision-makers need to possess to successfully engage in legal reasoning. The paper concludes by discussing an array of strategies in legal education, institutional design, and legal culture that can be put in place to work virtue in legal decision-making. |
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| ISSN: | 1572-8447 |
| Contains: | Enthalten in: Ethical theory and moral practice
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| Persistent identifiers: | DOI: 10.1007/s10677-023-10414-z |
