Virtuous Constructions in Legal Reasoning

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Abstract

Following the Aristotelian constructivism proposed by Mark LeBar, the paper outlines a possible metaethical framework of values, necessary elements within legal reasoning. This framework proposes a consideration of values that need to be virtuously constructed, namely through the virtue of _phronesis_. In this way, legal reasoning can take into account more elements concerning the specific legal case, not only legal provisions, but also abstract objects, such as pain. The central feature of _phronesis_ will lead to support a virtue-ethical approach to law. More specifically, the paper will be structured as follows. The first section will introduce the topic and the structure of the paper. The second section will analyze Vittorio Villa’s post-positivist costructivism, which makes it possible to understand the role of value judgments in legal reasoning. The third section will therefore examine Mark LeBar’s metaethical constructivism, investigating, in particular, two different elements: experience (paragraph 3.1 ) and _phronesis_ (paragraph 3.2 ). In the fourth section, considering what has emerged from the research, the conclusion will highlight a possible connection between this metaethical framework and a virtue-ethical approach to law.

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References found in this work

Aristotelian constructivism.Mark LeBar - 2008 - Social Philosophy and Policy 25 (1):182-213.
Defining Rhetorical Argumentation.Christian Kock - 2013 - Philosophy and Rhetoric 46 (4):437-464.
Kant on the moral cultivation of feelings.Alix Cohen - 2017 - In Alix Cohen & Robert Stern (eds.), Thinking About the Emotions: A Philosophical History. Oxford, United Kingdom: Oxford University Press.

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