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Virtues and the Rule of Law

Edited by: Amalia Amaya, Lucia Corso, Isabel Trujillo

ISBN13: 9781035398072
To be Published: August 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £110.00





Even the most carefully designed legal rules, procedures, and institutions cannot function effectively without the appropriate engagement of the individuals who operate within them. Contributing to contemporary debates, this authoritative book examines the subjective dimension of the rule of law and the dispositions that can enhance it, illuminating its potential and limits for promoting a resilient rule-of-law culture.

Contributors explore the interplay between virtue and the rule of law from a historical and multicultural perspective, outlining how the rule of law is under strain in many countries, not only in those considered rogue or authoritarian. They propose that it is possible to connect the institutional and procedural dimension of the law with the abilities and virtues of those involved in its practice. The book concludes by sketching a future in which a virtue-ethical approach can effectively support and enrich legal practice, inviting readers to reconsider the rule of law as a living practice sustained by virtues, judgment, and responsibility.

Virtues and the Rule of Law is a vital resource for scholars and students of legal philosophy, international law, and legal theory. Constitutional lawyers and government policymakers will also benefit from its comprehensive scope and future-oriented recommendations.

Subjects:
Jurisprudence
Contents:
Introduction to Virtues and the Rule of Law 1
Amalia Amaya, Lucia Corso and Isabel Trujillo

PART I. RULE OF LAW AND ETHOS: LESSONS FROM THE CLASSICS
1. Virtue and the utility of the rule of law 9
A. Keith Thompson
2. Ethical legal practice in ancient Athens 37
Liesbeth Huppes-Cluysenaer
3. The juridical virtue of moderation and the ethical imperative of holiness: a journey through Maimonides and Levinas 61
Cosimo Nicolini Coen
4. Rule of law, spirit of equality and spirit of extreme equality: drawing on the spirit of the laws to define the virtue of civic forbearance 77
Lucia Corso
PART II. VIRTUES FOR THE RULE OF LAW
5. The legal virtue of reflexivity and the rule of law 96
Isabel Trujillo
6. Fidelity: the animating spirit of the rule of law 116
Gerald J. Postema
7. Virtue, arbitrariness, and the rule of law 129
Michael Sevel
8. Judges and virtues: rethinking phronesis for the rule of law 148
Silvia Corradi

PART III. A VIRTUOUS LEGAL PRACTICE UNDER THE RULE OF LAW
9. Civic eudaimonia, judicial virtue and the aretaic rule of law 169
Tomasz Widłak
10. Who guards the guardian? Virtues and constitutional interpretation 191
Maija Aalto-Heinilä
11. The eudaimonic lawyer in private practice 217
Seow Hon Tan
12. Concluding remarks on virtue and the rule of law: taking stock and looking ahead 237
Amalia Amaya