Human Flourishing The End Of Law

This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .

A shared interest of law and religion is the advancement of human flourishing, yet there is no common understanding of what it means for humans to flourish and the means by which to attain a flourishing life. The concept of human flourishing is especially important for Africa, where community and national development compete with forces of conflict and scarce resources. In the broadest sense, the concept of human flourishing focuses our attention on having a comprehensively good or worthwhile life, but various religious and legal traditions suggest different norms for measuring the quality of life and designing the institutional structures that could best facilitate and preserve it.

'A careful and thoughtful provocation' (Justin Welby, Archbishop of Canterbury) Ambitiously placed at the intersection of scientific insights and spiritual wisdom, Human Flourishing prompts us to reflect on what constitutes a good life and the choices that can help achieve it. For thousands of years, humans have asked 'Why we are here?' and 'What makes for a good life?' At different times, different answers have held sway. Nowadays, there are more answers proposed than ever. Much of humanity still finds the ultimate answers to such questions in religion. But in countries across the globe, secular views are widely held. In any event, whether religious or secular, individuals, communities and governments still have to make decisions about what people get from life. This book therefore examines what is meant by human flourishing and see what it has to offer for those seeking after truth, meaning and purpose. This is a book written for anyone who wants a future for themselves, their children, and their fellow humans - a future that enables flourishing, pays due consideration to issues of truth and helps us find meaning and purpose in our lives. At a time when most of us are bombarded with messages about what we should or should not do to live healthily, attain a work-life balance and find meaning, a careful consideration of the contributions of both scientific insight and spiritual wisdom provides a new angle. This is therefore a book that not only helps readers clarify their views and see things afresh but also help them improve their own well-being in an age of AI and other new technologies.

This book gathers together leading voices in virtue theory—an increasingly influential aspect of legal theory in the 21st century—to take stock of virtue jurisprudence’s evolution and suggest ways in which this approach can be further developed. The contributions address the three main axes along which virtue jurisprudence has unfolded in the past decades: the quest to provide a suitable virtue-based foundation for the law (in general) or for some aspects of it (in particular, but not exclusively, criminal law); the investigation of the role played by character traits in legal decision-making; and the investigation of how the law can be part of a virtuous life. As will become apparent for readers of this volume, those lines are converging and, as they do so, a general virtue-based approach to the study of law is starting to emerge. Crucial in addressing problems with legal experience for which the resources of traditional legal theory are insufficient, this book’s investigation of virtue theory and virtue jurisprudence will be of interest to all of those studying legal decision-making and the philosophy of law, as well as those studying virtue ethics more widely. It was originally published as a special issue of Jurisprudence.

The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial; min-height: 11.0px} span.s1 {font: 10.0px Helvetica} This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields.

Virtue ethics is on the move both in Anglo-American philosophy and in the rest of the world. This volume uniquely emphasizes non-Western varieties of virtue ethics at the same time that it includes work in the many different fields or areas of philosophy where virtue ethics has recently spread its wings. Just as significantly, several chapters make comparisons between virtue ethics and other ways of approaching ethics or political philosophy or show how virtue ethics can be applied to "real world" problems.

This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.