Judges and virtues: rethinking phronesis for the rule of law

Silvia Corradi

Chapter 8 in Virtues and the Rule of Law, 2026, pp 144-162 from Edward Elgar Publishing

Abstract: The chapter investigates the virtue of phronesis in a virtue-based approach to legal studies, focusing on its relationship with other virtues. This inquiry proposes considering phronesis not as a virtue among others, but as the virtue par excellence, that manifests itself in other individual virtues. The chapter is organised as follows: initially the risks of both ‘thin’ and ‘thick’ conceptions of Rule of Law are recalled, suggesting the integration of virtues. In light of exploring what the role of phronesis is in this regard, attention is given to the virtue-based approach to legal scholarship. Building on insights related to phronesis derived from Solum's virtue jurisprudence, the chapter will suggest the adequacy of the ‘Aretai model’ of phronesis for the legal context: thus, this model is sketched as an explanatory framework for the skills also pertaining to legal practices.

Keywords: Rule of Law; Phronesis; Virtues; Legal Decision-making; Virtue Jurisprudence; Legal Reasoning (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035398072
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