Robert Merrihew Adams,Leibniz: Determinist,Theist, Idealist

International Journal for Philosophy of Religion -     

Virtue Jurisprudence A Virtue–Centred Theory of Judging

"Virtue jurisprudence" is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis , or sound practical judgement. A virtue–centred account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge's appreciation of the particular characteristics of individual fact situations.     

Virtue Jurisprudence A Virtue–Centred Theory of Judging

"Virtue jurisprudence" is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis , or sound practical judgement. A virtue–centred account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge's appreciation of the particular characteristics of individual fact situations.     

康德的德性理论

康德的德性论聚焦于人的道德而非一般的理性存在的道德,在理性与经验情感、规范与性情、神性与人性等方面有着系统的论述,对于理解康德伦理学的完整面貌、澄清多年来的一些误解,有着重要的意义.     

Hurka's Theory of Virtue

Thomas Hurka has put forth a powerful account of virtue. The account rests on a specification of intrinsically good mental states and then explains what unifies them. On his account, virtue and desert also share the same structure. His theory of virtue has some difficulties that threaten the structure that unifies it. First, Hurka's account cannot provide a principled account of virtue and vice when they are constituted by attitudes toward things are not intrinsically good (e.g., nonexistent state of affairs). Second, Hurka's account does not have room for an important factor in determining the degree to which an attitude is virtuous or vicious: agent-relative goods. Hurka is thus faced with a abandoning the basic structure that makes his theory attractive or adopting counterintuitive positions.

德性论与伦理学

伦理学中有价值论、规范论或义务论,但没有专门研究德性问题的德性论.德性问题是一个重要的人生问题,也是一个重要的社会问题,尤其是当代社会的严重问题,而且只有伦理学才能从理论和实践的结合上给予系统的回答.因此,应该建立德性论专门研究德性问题.德性论研究什么是德性以及如何形成德性的问题,其主要任务是确立伦理学的德性原则.德性论与价值论、规范论一起分别从人的品质、目的、行为方面解释和回答人生问题,它们是相对独立、相互补充的,共同给人生提供伦理学原则并研究回答人生的伦理学问题.德性伦理学属于德性论的研究,但德性伦理学是西方伦理学的一个流派,而不是伦理学的一个相对独立的分支.     

社群主义德性观

当代社群主义者在批评现代伦理理论误区的基础上论述了德性伦理,他们认为功利主义和康德主义义务论道德在相互论战中都忽视了人的德性的培育这一关键问题,因而需要复兴古典的德性,特别是亚里士多德所反复论述的德性.德性与幸福紧密相关,同时以理智和基于知识的正确选择为核心,而根本的德性是在两个极端之间取得中道,即中庸之道.公平、正义等不是绝对抽象的,它与人的理性选择和社会实践相关.这些论述对于人们认识现代社会所疏离了的德性,注意培育美德,特别是在民主制度下要求政治人物保持操守,坚守德行,防止腐败,都具有建设性的意义.当然,如何在现代多样化的社会复兴古典德性,防止停留于空幻的议论,真正实现德性践行上的进步,是社群主义者面对的一个理论难题.     

Virtue Theory and Ideal Observers

Virtue theorists in ethics often embrace the following characterizationof right action: An action is right iff a virtuous agent would performthat action in like circumstances. Zagzebski offers a parallel virtue-basedaccount of epistemically justified belief. Such proposals are severely flawedbecause virtuous agents in adverse circumstances, or through lack ofknowledge can perform poorly. I propose an alternative virtue-based accountaccording to which an action is right (a belief is justified) for an agentin a given situation iff an unimpaired, fully-informed virtuous observerwould deem the action to be right (the belief to be justified).