Jurisprudence, Legal ethics and Virtue

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Published: Mar 25, 2020
DOI: https://doi.org/10.12681/ethiki.22737
Keywords:
Jurisprudence; Legal Ethics; Virtue Ethics; Natural Law; Practical Wisdom (Prudentia); Legal Reasoning; Judicial Virtues; Roscoe Pound
Duska Franeta
Abstract

This article explores the intersection of jurisprudence, legal ethics, and virtue ethics, challenging the modern narrow definition of jurisprudence as merely a "science of law". The author traces the historical evolution of these concepts, beginning with the Roman definition of jurisprudence as the "knowledge of things divine and human" and the "science of the just and unjust". The study argues that legal ethics should move beyond the enforcement of professional codes and toward the cultivation of "legal virtues"—such as justice, practical wisdom (prudentia), and integrity—within the character of legal practitioners. By analyzing the works of Roscoe Pound, Perelman, and Solum, the paper highlights that legal reasoning is not a simple logical deduction but a complex activity requiring moral interpretation and the exercise of judicial temperament.

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