Justice as Friendship:
A Theory of Law New edition Edition
by Seow Hon Tan
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.
