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ABSTRACT In this paper, I intend to articulate an answer to the powerful particularist objection against the notion of moral and legal reasoning based on universal principles. I defend a… Click to show full abstract
ABSTRACT In this paper, I intend to articulate an answer to the powerful particularist objection against the notion of moral and legal reasoning based on universal principles. I defend a particular way of specifying and contextualising universal principles. I claim that this account preserves legal and moral justification conceived as subsumption to legal and moral principles. I also try to show how virtues can be reconciled with this account, i.e. what is the right place for virtues in legal adjudication. To carry this out, I draw on a virtue epistemology.
Journal Title: Jurisprudence
Year Published: 2017
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