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The rule of law on this conception is the ideal of rule by an accurate public conception of individual rights. It does not distinguish, as the rule book conception does, between the rule of law and substantive justice; on the contrary it requires, as part of the ideal of law, that the rules in the book capture and enforce moral rights.
Accounts of the virtue of justice (in particular, Aristotle and Aquinas's theories of natural justice) have implications for debates between natural lawyers and legal positivists over the nature of law. A virtue-centered theory of judging, which describes the particular excellences required by judges. [1]
Justice stood above these three to properly regulate the relations among them. Plato sometimes [c] lists holiness (hosiotes, eusebeia, aidos) amongst the cardinal virtues. He especially associates holiness with justice, but leaves their precise relationship unexplained. In Aristotle's Rhetoric, we read:
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Natural law theories base human rights on a "natural" moral, religious or even biological order that is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (δίκαιον φυσικόν dikaion physikon; Latin ius naturale).
Discussion of what were known as the four cardinal virtues—wisdom, justice, fortitude, and temperance—can be found in Plato's Republic. The virtues also figure prominently in Aristotle's ethical theory found in Nicomachean Ethics. [7] Virtue theory was inserted into the study of history by moralistic historians such as Livy, Plutarch, and ...
First page of a 1566 edition of the Aristotolic Ethics in Greek and Latin. The Nicomachean Ethics (/ ˌ n aɪ k ɒ m ə ˈ k i ə n, ˌ n ɪ-/; Ancient Greek: Ἠθικὰ Νικομάχεια, Ēthika Nikomacheia) is Aristotle's best-known work on ethics: the science of the good for human life, that which is the goal or end at which all our actions aim. [1]:
Aristotle notes that natural justice is a species of political justice, specifically the scheme of distributive and corrective justice that would be established under the best political community; if this took the form of law, it could be called a natural law, though Aristotle does not discuss this and suggests in the Politics that the best ...