An overview of the two types of judicial philosophy

References and Further Reading 1. Biography and History Aristotle's life was primarily that of a scholar.

An overview of the two types of judicial philosophy

Develops character, not just obey laws this is a strength. You develop an image of what the ideal person is.

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The wise teach the young. Holds up virtues as ideals, as well as determinants of morality. In the middle ages in the Western world, the definition changes to Christian following the example of Jesus. A good person today is a virtuous person, a person who functions. Definitions of virtue vary.

For example, as in heroes. A hero could be a political hero, a war hero. It can be all kinds of heroes, with its own definition of virtue. Male and Female Ethics Women tend to live in a world of social relations, emotions.

It contrasts with men who tend to live in a world of principle. If you leave it to men alone, we would live in a very competitive and individualistic world.

An overview of the two types of judicial philosophy

Immanuel Kant [Duty Ethics] 5. Pure reasoning is the source of morality. In other words, the most basic thing about people is, they want to live in a good society, have relationships with other people.

He said we have an obligation to do the right thing. Duty Ethics say we have a duty to achieve good. How do you figure out what is good? He says your reasoning can figure that out.

He also says, to be moral, an action must be voluntary. Morality is a conscious action according to his way of thinking. He says, morality is discovered by pure reason not by law or consequences. Duty Ethics is a very famous system. Here are the rules for Duty Ethics: First, act only according to that maxim rulewhich can be a universal law for all people in all circumstances.

In other words, using your pure reasoning. You can come up with what is the moral way to behave. It says, it makes sense to be truthful.

This maxim is universal, and applies to everybody in all circumstances, there is no exception to the rule, as in the example a lie is a lie, is a lie Categorical Imperative. Second, how do you check to make sure that you have come up with a good rule?

This calls for the principle of Reversibility.

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It says, the maxim rule is right if one would want to be treated that way themselves. This is called Practical Imperative. It says, find a rule that is the virtuous way of acting, the moral way of acting.

To use each other is immoral. Like other systems, it places responsibility directly on the individual. Insists on rules that are logical and applicable to all.

It tries to be consistent. He does not indicate which rules you should follow.

An overview of the two types of judicial philosophy

What should I do? Would it be right to lie to your spouse? A qualified rule is something that is okay or not okay, except under certain circumstances. What about in self-defense, or in war, an abortion? Because I said so!The phrase judicial philosophy refers to the underlying set of ideas and beliefs of a particular judge or justice which shapes his or her rulings on particular cases.

It refers to the ways that judges interpret the law. Judges are at times described using political philosophy terms like liberal and conservative.

The decision to do one or the other must be made as a matter of political theory and will depend on such things as one's view of the springs of judicial legitimacy and the relative competence of courts and legislatures in dealing with particular types of issue.

Aristotle: Politics. In his Nicomachean Ethics, Aristotle ( B.C.E.) describes the happy life intended for man by nature as one lived in accordance with virtue, and, in his Politics, he describes the role that politics and the political community must play in bringing about the virtuous life in the citizenry.

The Politics also provides analysis of the kinds of political community that. Background. Aristotle is generally credited with developing the basics of the system of rhetoric that "thereafter served as its touchstone", influencing the development of rhetorical theory from ancient through modern times.

The Rhetoric is regarded by most rhetoricians as "the most important single work on persuasion ever written." Gross and Walzer concur, indicating that, just as Alfred. A summary of Judicial Philosophy, Politics, and Policy in 's The Judiciary. Learn exactly what happened in this chapter, scene, or section of The Judiciary and what it means.

Perfect for acing essays, tests, and quizzes, as well as for writing lesson plans. Philosophy of Law. Philosophy of law (or legal philosophy) is concerned with providing a general philosophical analysis of law and legal institutions.

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