Legality and equity in the rhetoric

the smooth transition

Miklós Könczöl

pp. 163-170

in: Liesbeth Huppes-Cluysenaer, Nuno (eds), Aristotle and the philosophy of law, Berlin, Springer, 2013

Abstract

A discussion note on Samuli Hurri's paper "Justice kata nomos and Justice as epieikes (Legality and Equity)", this chapter focuses on the Aristotelian grounds rather than the consequences of Hurri's argument. Section 10.1 deals with the interpretation of Rhet. 1.1, 1354a 26–30. Section 10.2 discusses the functioning of equity as described in Rhet. 1.13, 1374a 18–b 23. By way of conclusion, Sect. 10.3 argues that a less strict opposition of facts and qualities, and a more limited understanding of arguments from equity, which both seem to be more faithful to Aristotle, actually provide more firm grounds for a practical notion of justice.

Cited authors

Aristoteles

Hurri Samuli