Virtue as the End of Law: An Aretaic Theory of Legislation

Jurisprudence, Forthcoming

12 Pages Posted: 10 Feb 2015 Last revised: 6 Sep 2017

See all articles by Lawrence B. Solum

Lawrence B. Solum

University of Virginia School of Law

Date Written: August 17, 2017

Abstract

This paper sketches an aretaic theory of legislation. Such a theory posits the flourishing of humans and their communities as the end or telos of law. The paper argues for a Neo-Aristotelian conception of human flourishing as a life of social and rational activities that express the human excellences or virtues. Because a flourishing life requires the acquisition, maintenance, and expression of the virtues, their promotion is the characteristic goal of legislation. The law can promote the virtues in a variety of ways, including: (1) by fostering peace and prosperity, (2) by encouraging stable and nurturing families, and (3) by creating opportunities for the meaningful work and play. Taking virtue as the end of law does not entail that legislation must require virtuous action and prohibit behavior that expresses human defects or vices. Instead, the law might pursue indirect strategies that encourage (but do not require) virtue and discourage (but do not prohibit) vice.

Keywords: jurisprudence, normative legal theory, virtue ethics, virtue jurisprudence, virtue, arete, aretaic, vice laws

Suggested Citation

Solum, Lawrence B., Virtue as the End of Law: An Aretaic Theory of Legislation (August 17, 2017). Jurisprudence, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2563233

Lawrence B. Solum (Contact Author)

University of Virginia School of Law ( email )

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Charlottesville, VA 22903
United States
(434) 924-7932 (Phone)

HOME PAGE: http://https://www.law.virginia.edu/faculty/profile/lbs5w/2846137

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