Hart Publishing has announced a number of new titles. The following two are of special interest to me:
Edited by Amalia Amaya and Ho Hock Lai
NOTE: Forthcoming December 2012
This book explores the relevance of virtue theory to
law from a variety of perspectives. The concept of virtue is central in both
contemporary ethics and epistemology. In contrast, in law, there has not been a
comparable trend toward explaining normativity on the model of virtue theory.
In the last few years, however, there has been an increasing interest in virtue
theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate
for a theory of law and adjudication. Advocates of virtue jurisprudence put
primary emphasis on aretaic concepts rather than on duties or consequences.
Aretaic concepts are, on this view, crucial for explaining law and
adjudication. This book is a collection of essays examining the role of virtue
in general jurisprudence as well as in specific areas of the law. Part I puts
together a number of papers discussing various philosophical aspects of an
approach to law and adjudication based on the virtues. Part II discusses the
relationship between law, virtue and character development, with some of the
essays selected analysing this relationship by combining both eastern
perspectives on virtue and character with western approaches. Parts III and IV
examine problems of substantive areas of law, more specifically, criminal law
and evidence law, from within a virtue-based framework. Last, Part V discusses
the relevance of empathy to our understanding of justice and legal morality.
Law, Morality and Autonomous Reasoning
Jan-R Sieckmann
Autonomy is the central idea of modern practical philosophy.
Understood as self-legislation, autonomy seems to require that the validity of
norms depends on recognition, namely, that their addressees, being autonomous
agents, recognise these norms to be valid. But how can one be bound by norms
whose validity depends on their being recognised as valid by their addressees?
The questions of how autonomous morality and, on this basis, the authoritative
character of law can be understood, present persistent puzzles that have been
widely discussed, but still await a satisfactory solution.
This book presents an analysis of the idea of autonomy
as self-legislation and its consequences for law and morality. It links the
idea of autonomy with the idea of the balancing of normative arguments,
develops a notion of normative arguments as distinct from normative judgements
and statements and explains claims to correctness and objectivity that are
found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is
pervasive in normative reasoning. It connects theses regarding the logic of
norms, the structure of balancing, human and fundamental rights, legal
validity, legal interpretation, and the relations among legal systems, offering
a theory of central elements of normative argumentation, a theory that is undergirded
by the mutual relations that exist between and among its parts as well as
through the relations that it bears to other theories. Moreover, it offers an
alternative to Kantian notions of autonomy and provides solutions to problems
that other theories have failed to master.
Other titles include:
Professional Responsibility in International Criminal
Defence
Till Gut
Selected Lectures and Talks
Sydney Kentridge QC
A Comparative Analysis of Disqualification or
Debarment Measures
Sope Williams-Elegbe
A Commentary
Edited by Reinmar Wolff
No comments:
Post a Comment