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Legal Commentary

: Prawfs

Free Sage Journals and Shanske on Aristotle's Doctrine of Equity

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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It seems that Sage is running a good deal this October:  Register here and then you get tons of free access to its journals for the rest of the month.  Once you do that, you'll be able to download Darien Shanske's "Revitalizing Aristotle's Doctrine of Equity" from the current issue of Law, Culture, & the Humanities.  Here's the abstract:

This article argues for the contemporary relevance of Aristotle's doctrine of equity. Too often, similar arguments make this doctrine relevant by abstracting from the details of Aristotle's position or, conversely, fixating on details without due consideration of the epochal gap that separates us from Aristotle. After an initial survey of these limited approaches, the article proceeds to a more adequate account of Aristotle's doctrine of equity with the help of Heidegger. In particular, what Heidegger offers is a nuanced argument as to why Aristotle's manifest absorption in the concrete details of his face-to-face society is not a limitation to his doctrine, but a strength. We, no less than Aristotle, are enmeshed in logos, in a background ordering not at the command of our will, but we have a greater difficulty seeing this. Thus, where equity for Aristotle above all required expert engagement with logos, equity bids us first to acknowledge that the logos is.

I'm pretty much for anything that can be clarified with the help of Heidegger.  I also believe it is my duty to promote the scholarship of all colleagues who have served as a babysitter for me in my youth.

Full post as published by Prawfs on October 08, 2008 (boomark / email).

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