Reasoning in character: Virtue, legal argumentation, and judicial ethics

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

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.
Original languageEnglish
Number of pages20
JournalEthical Theory and Moral Practice
DOIs
Publication statusPublished - 16 Oct 2023

Keywords / Materials (for Non-textual outputs)

  • virtue jurisprudence
  • legal reasoning
  • judicial virtue
  • legal education
  • design jurisprudence
  • legal culture

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