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This book explores the question of justification of law. It examines some perennial jurisprudential debates and suggests that law must find its justification in morality. Drawing upon the Aristotelian inspiration that friends have no need for justice - in (ideal) friendship, we behave justly - Seow Hon Tan develops a theory of law based on the universal phenomenon of friendship. Friendships and legal relations attract rights and obligations by virtue of the manner in which parties are situated. Friendship teaches us that how parties are situated gives rise to legitimate expectations; it attests to the intrinsic worth of each person. The methodology for deciphering norms within, and moral lessons from, friendship can be transposed to law, resulting in an inter-subjectively agreeable and rich conception of justice. In determining the content of legal rights and obligations, we can and should draw upon such determination in friendship. Justice as Friendship aims to provide a vision for law’s development and invites the practitioner to advance its central claims in their area of expertise. In dealing with selected legal doctrines, the book draws upon illustrative cases from the United States, the United Kingdom, and the Commonwealth. The book traverses the fields of jurisprudence, philosophy, ethics, political theory, contract law, and tort law.
Friendship as Social Justice Activism brings together academics and activists to have essential conversations about friendship, love, and desire as kinetics for social justice movements. The contributors featured here come from across the globe and are all involved in diverse movements, including LGBTQ rights, intimate-partner violence, addiction recovery, housing, migrant, labor, and environmental activism. Each essay narrates how living and organizing within friendship circles offers new ways of dreaming and struggling for social justice. Recent scholarship in different disciplinary fields as well as activist literature have brought attention to the political possibilities within friendship. The essays, memoirs, poems, and artwork in Friendship as Social Justice Activism address these political possibilities within the context of gender, sexuality, and economic justice movements.
The central argument of this study is that the universal phenomenon of friendship provides us with an inter-subjectively agreeable and rich conception of justice that can be transposed to the context of law. While presented as a theory of law, the work considers and traverses the fields of jurisprudence, tort law, contract law, philosophy, ethics and political theory. In dealing with substantive areas of law, the book draws upon cases from the United States, England, and the Commonwealth.
From legal expert and veteran author Bryan Garner comes a unique, intimate, and compelling memoir of his friendship with the late Supreme Court Justice Antonin Scalia. For almost thirty years, Antonin Scalia was arguably the most influential and controversial Justice on the United States Supreme Court. His dynamic and witty writing devoted to the Constitution has influenced an entire generation of judges. Based on his reputation for using scathing language to criticize liberal court decisions, many people presumed Scalia to be gruff and irascible. But to those who knew him as “Nino,” he was characterized by his warmth, charm, devotion, fierce intelligence, and loyalty. Bryan Garner’s friendship with Justice Scalia was instigated by celebrated writer David Foster Wallace and strengthened over their shared love of language. Despite their differing viewpoints on everything from gun control to the use of contractions, their literary and personal relationship flourished. Justice Scalia even officiated at Garner’s wedding. In this humorous, touching, and surprisingly action-packed memoir, Garner gives a firsthand insight into the mind, habits, and faith of one of the most famous and misunderstood judges in the world.
The author powerfully reminds readers that our first and foremost friendship, the one that undergirls all others, is with God....--Congregations
Donna McDaniel and Vanessa Julye document three centuries of Quakers who were committed to ending racial injustices yet, with few exceptions, hesitated to invite African Americans into their Society. Addressing racism among Quakers of yesterday and today, the authors believe, is the path toward a racially inclusive community.
This book explores the question of justification of law. It examines some perennial jurisprudential debates and suggests that law must find its justification in morality. Drawing upon the Aristotelian inspiration that friends have no need for justice - in (ideal) friendship, we behave justly - Seow Hon Tan develops a theory of law based on the universal phenomenon of friendship. Friendships and legal relations attract rights and obligations by virtue of the manner in which parties are situated. Friendship teaches us that how parties are situated gives rise to legitimate expectations; it attests to the intrinsic worth of each person. The methodology for deciphering norms within, and moral lessons from, friendship can be transposed to law, resulting in an inter-subjectively agreeable and rich conception of justice. In determining the content of legal rights and obligations, we can and should draw upon such determination in friendship. Justice as Friendship aims to provide a vision for law’s development and invites the practitioner to advance its central claims in their area of expertise. In dealing with selected legal doctrines, the book draws upon illustrative cases from the United States, the United Kingdom, and the Commonwealth. The book traverses the fields of jurisprudence, philosophy, ethics, political theory, contract law, and tort law.
This book offers a comprehensive account of the major philosophical works on friendship and its relationship to self-love. The book gives central place to Aristotle's searching examination of friendship in the Nicomachean Ethics. Lorraine Pangle argues that the difficulties surrounding this discussion are soon dispelled once one understands the purpose of the Ethics as both a source of practical guidance for life and a profound, theoretical investigation into human nature. The book also provides fresh interpretations of works on friendship by Plato, Cicero, Epicurus, Seneca, Montaigne and Bacon. The author shows how each of these thinkers sheds light on central questions of moral philosophy: is human sociability rooted in neediness or strength? is the best life chiefly solitary, or dedicated to a community with others? Clearly structured and engagingly written, this book will appeal to a broad swathe of readers across philosophy, classics and political science.
This book engages with the work of Miskawayh, a formative Islamic Philosopher in the 11th century, who is acknowledged as the founder of Islamic Moral Philosophy. Miskawayh’s The Refinement of Character (Tahḏīb al-Aḫlāq) draws from both ancient Greek philosophical tradition and Islamic thought, highlighting the concepts he integrated into what he argued to be the moral core of Islam. This book pursues a comparative study by analyzing and outlining the inherent philosophical concerns of the Aristotelian concepts of Happiness, Justice and Friendship, which are then brought into conversation with Miskawayh’s own concepualizations of them. While Tahḏīb al-Aḫlāq is deeply influenced by Aristotle’s ethics, Miskawayh employs not only a Platonizing interpretation of Aristotelian philosophy, but also incorporates traditions of Islamic thought. The study therefore concludes that Miskawayh is merely a transmitter of ancient Greek philosophy, as shown by both his critical survey of the material available to him and his own critical contributions. Essentially, Miskawayh attempted to harmonize philosophical and religious concepts of knowledge, demonstrating the interlinking of what are perceived as—at times detrimentally—incompatible positions. Ufuk Topkara illustrates how Aristotle’s Ethics are integrated, modified and at times adjusted to the broader narrative of Islamic thought and how Miskawayh’s discourse, albeit philosophical in nature, remains religious in its outlook. Providing clear insight into Miskawayh’s work, this book is ideal for students and scholars of Islamic Philosophy and Muslim Theology.