This essay argues that Aristotle's categories of oratory are not as useful in judging the methods of Sophistical rhetoric as his presentation of time. The Sophistical argumentative method of “making the weaker the stronger case” is re-evaluated as a political practice. After showing this argument's relation to power and ideology, Aristotle's philosophy, which privileges a procedure of argument consistent with the politics of a polis-ideal rhetoric, is offered as reason for objecting to Sophistical rhetoric. The essay concludes that Sophistical rhetoric (...) prefers the concept of possibility over Aristotelian actuality, and offers a need for an ideological space of radical, generative possibility in rhetorical theory. (shrink)

“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. [ABSTRACT FROM AUTHOR]. (shrink)

Aspects of phronetic social science and phronetic organization research have been much debated over the recent years. So far, the visual aspects of communicating phronesis have gained little attention. Still organizations try to convey a desirable image of respectability and success, both internally and externally to the public. A channel for such information is corporate reporting, and particularly CSR reporting embrace values like fairness, goodness, and sustainability. This study explores how visual portrayals of supposedly wise and discerning values (phronesis) are (...) used to reinforce the verbal features of CSR reporting. The two propositions underlying this study is (1) that visual images form some of the major parts of the structures of contemporary corporate reporting (particularly CSR reporting) and (2) that phronetic action in organizations is subjected not only to textual documentation, but also to visual expressions. This study also discusses how the Aristotelian concept of phronesis can be linked to contemporary concerns about responsibility, and how this is visually represented in CSR reporting. Finally, this study addresses the symbolic and contextual signification of images in corporate accounts of wisdom and responsibility. (shrink)

The author distinguishes between scientific and prudential reason (practical wisdom) in Aristotle with reference to the nature of the principles assumed as premises, and to the method of inference. In the history of thought these two models of reason are elieved not only to be proper to science and, respectively, ethics, but also, at times, to be the scientific model proper to ethics (for example, in natural law doctrines) and the prudential model proper to science. Mixed models are also given (...) in the history of thought: scientific‐prudential (for example, in Thomas Aquinas) and prudential‐scientific. Furthermore, some aspects of the relationship between authority and reason are examined. (shrink)

A renewed search for legal certainty is a reaction to the preponderance of judge made law, which has been in turn prompted by the democratic deficit of the EU and the impact of Anglo-American law. The problem is that the search is oblivious to both systematic interpretation and the need of re-systematization of law. The paper defines systematic interpretation, relates the definition to standard French and German conceptions, indicates the room for systematic interpretation in Anglo-American laws, and states prima facie (...) reasons for a re-systematization of law as a prerequisite of systematic interpretation. The problem cannot be appreciated outside its proper context. It is a disregard for causation and evaluation. Hence the paper outlines Aristotle’s understanding of causation and evaluation in his presentation of phronesis, reconsiders continental European legal thought in the light of Aristotle’s presentation, and offers policy-oriented jurisprudence as a remedy to the deficit of evaluation and causation in European legal thought. A solution to the problem offers a typology of criteria and clarifies positive and fundamental legal concepts, positive and fundamental criteria of systematization, and the place of criteria in knowledge of law. The usefulness of the criteria is demonstrated by a common approach to the systematization of law and an alternative diagnosis of a defect of systematization diagnosed by an authority in history and philosophy of law rather than legal theory. (shrink)

A novel rereading of the relationship between ethics and ontology in Aristotle.

Aristotle ’s claim that we become virtuous by doing virtuous actions raises a familiar problem: How can we perform virtuous actions unless we are already virtuous? I reject deflationary accounts of the answer given in _Nicomachean Ethics_ 2.4 and argue instead that proper habituation involves doing virtuous actions with the right motive, i.e. for the sake of the noble, even though learners do not yet have virtuous dispositions. My interpretation confers continuity to habituation and explains in a non-mysterious way how (...) we become virtuous by doing virtuous actions in the right way. (shrink)