Practical Wisdom in Legal Decision-Making
32 Pages Posted: 7 Apr 2010
Date Written: April 7, 2010
Abstract
This paper’s objective is to provide an account of certain aspects of a relationship between, on the one hand, moral and intellectual virtues and, on the other hand, the phenomenon of law-application. The paper is not centrally concerned with the relationship between a general conception of ethics (i.e. virtue ethics ) and law, but instead focuses on the relationship of certain traits of character, in particular certain aspects of practical wisdom, and the process of legal decision-making. The paper’s central objective is to present a plausible picture of subjectively possessed virtue, and in particular of practical wisdom, that is able to play a role in legal decision-making.
Keywords: Practical Wisdom, Legal Decision-Making, Legal Reasoning
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