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Justice as Friendship - A Theory of Law (Paperback)
Loot Price: R1,438
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Justice as Friendship - A Theory of Law (Paperback)
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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.
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