Justice as Friendship A Theory of Law

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.

Part I The Problems in Jurisprudence; Chapter 1 The Problem of Justification; Chapter 2 A Vantage Point; Part II Friendship; Chapter 3 Friendship; Part III Justice as Friendship; Chapter 4 Moving from Friendship to Law; Chapter 5 Justice as Friendship as an Approach to Law; Chapter 6 Implementing Justice as Friendship; Part IV Application; Chapter 7 Contracts; Chapter 8 Tort of Negligence; Chapter 101 Conclusion;

Dr Seow Hon Tan is an Associate Professor at the School of Law, Singapore Management University. Her primary teaching and research interests are in the area of jurisprudence. She also researches and writes on legal education and lawyering. She was previously tenured at the National University of Singapore where she taught jurisprudence. She has won multiple teaching awards at Singapore Management University and National University of Singapore. As a former Byse Fellow at Harvard Law School, where she received a Doctor of Juridical Science in jurisprudence, she conducted a series of workshops on natural law theory. She was a Landon Gammon Fellow at Harvard Law School during her LL.M. studies and graduated top of her LL.B. class at the National University of Singapore with First Class Honors.