EAN: 9783030011345

SPRINGERBRIEFS IN LAW HUMAN THRIVING AND THE ...

The idea of the Good Life - of what constitutes human thriving  is  implicitly  the foundation
and justification of the law. The law exists to hold societies together  to hold in tension the
rights of individuals as against individuals  the rights of individuals as against various
types of non-humans such as corporations (and vice versa)  and the rights of individuals
individuals as against the state (and vice versa). In democratic states  laws inhibit some
freedoms in the name of greater  or more desirable freedoms. The only justification for law is
surely that it tends to promote human thriving. But what is the Good Life? What does it mean to
live a thriving life? There has been no want of discussion  at least since the great Athenians.
But surprisingly  since human thriving is its sole raison d'etre  the law has been slow to
contribute to the conversation. This book aims to start and facilitate this conversation. It
aims to: -make lawyers ask: 'What is the law for?'  and conclude that it is to maximise human
thriving -make lawyers ask: 'But what does human thriving mean?' -make judges and advocates
ask: 'How can a judgment about the best interests of a patient be satisfactory unless its basis
is made clear?'

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