Saturday, November 04, 2006

Solum on the Virtue of Justice

Insights from the Legal Theory Blog:
Decision on the basis of private, first-order judgments about fairness is the rule of individuals and not of law. From Aristotle’s point of view, a regime that rules by decree does not provide the stability and certainty that is required for human communities to flourish. Kraut continues: We can now see why Aristotle thinks that justice in its broadest sense can be defined as lawfulness, and why he has such high regard for a lawful person. His definition embodies the assumption that every community requires the high degree of order that that comes from having a stable body of customs and norms, and a coherent legal code that is not altered frivolously and unpredictably.

Justice in its broadest sense is the intellectual and emotional skill one needs in order to do one’s part in bringing it about that one’s community possesses this stable system of rules and laws.

Very holistic -- I like it! Do read the whole thing...



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