Human Flourishing: The End of Law


Book Description

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. .




Human Flourishing


Book Description

'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.




The End of Law


Book Description

The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.




The Sermon on the Mount and Human Flourishing


Book Description

The Sermon on the Mount, one of the most influential portions of the Bible, is the most studied and commented upon portion of the Christian Scriptures. Every Christian generation turns to it for insight and guidance. In this volume, a recognized expert on the Gospels shows that the Sermon on the Mount offers a clear window into understanding God's work in Christ. Jonathan Pennington provides a historical, theological, and literary commentary on the Sermon and explains how this text offers insight into God's plan for human flourishing. As Pennington explores the literary dimensions and theological themes of this famous passage, he situates the Sermon in dialogue with the Jewish and Greek virtue traditions and the philosophical-theological question of human flourishing. He also relates the Sermon's theological themes to contemporary issues such as ethics, philosophy, and economics.




What It Means to Be Human


Book Description

American law assumes that individuals are autonomous, defined by their capacity to choose, and not obligated to each other. But our bodies make us vulnerable and dependent, and the law leaves the weakest on their own. O. Carter Snead argues for a paradigm that recognizes embodiment, enabling law and policy to provide for the care that people need.




Virtue As the End of Law


Book Description

This article investigates a virtue-centered approach to normative legal theory in the context of legislation. The core idea of such a theory is that the fundamental aim of law should be the promotion of human flourishing, where a flourishing human life is understood as a life of rational and social activities that express the human excellences. Law can promote flourishing in several ways. Because peace and prosperity are conducive to human flourishing, legislation should aim at the establishment and maintenance of these conditions. The human excellences (or virtues) are developed in childhood and young adulthood by stable and nurturing families and by educational institutions: therefore, the law should support and foster families and schools. Although some critics have argued that an aretaic theory of legislation must support so-called “vice laws,” this is not the case. A virtue-centered approach must take into account the effects produced by criminalization of alcohol, drugs, gambling, and prostitution. If prohibition is counterproductive, then human flourishing may best be supported by a regime of decriminalization or legalization, accompanied by programs of education, treatment, and support.




Law, Religion and Human Flourishing in Africa


Book Description

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.




Mathematics for Human Flourishing


Book Description

"The ancient Greeks argued that the best life was filled with beauty, truth, justice, play and love. The mathematician Francis Su knows just where to find them."--Kevin Hartnett, Quanta Magazine" This is perhaps the most important mathematics book of our time. Francis Su shows mathematics is an experience of the mind and, most important, of the heart."--James Tanton, Global Math Project For mathematician Francis Su, a society without mathematical affection is like a city without concerts, parks, or museums. To miss out on mathematics is to live without experiencing some of humanity's most beautiful ideas. In this profound book, written for a wide audience but especially for those disenchanted by their past experiences, an award-winning mathematician and educator weaves parables, puzzles, and personal reflections to show how mathematics meets basic human desires--such as for play, beauty, freedom, justice, and love--and cultivates virtues essential for human flourishing. These desires and virtues, and the stories told here, reveal how mathematics is intimately tied to being human. Some lessons emerge from those who have struggled, including philosopher Simone Weil, whose own mathematical contributions were overshadowed by her brother's, and Christopher Jackson, who discovered mathematics as an inmate in a federal prison. Christopher's letters to the author appear throughout the book and show how this intellectual pursuit can--and must--be open to all.




Human Flourishing in an Age of Gene Editing


Book Description

International uproar followed the recent announcement of the birth of twin girls whose genomes had been edited with a breakthrough DNA editing-technology. This technology, called clustered regularly interspaced short palindrome repeats or CRISPR-Cas9, can alter any DNA, including DNA in embryos, meaning that changes can be passed to the offspring of the person that embryo becomes. Should we use gene editing technologies to change ourselves, our children, and future generations to come? The potential uses of CRISPR-Cas9 and other gene editing technologies are unprecedented in human history. By using these technologies, we eradicate certain dreadful diseases. Altering human DNA, however, raises enormously difficult questions. Some of these questions are about safety: Can these technologies be deployed without posing an unreasonable risk of physical harm to current and future generations? Can all physical risks be adequately assessed, and responsibly managed? But gene editing technologies also raise other moral questions, which touch on deeply held, personal, cultural, and societal values: Might such technologies redefine what it means to be healthy, or normal, or cherished? Might they undermine relationships between parents and children, or exacerbate the gap between the haves and have-nots? The broadest form of this second kind of question is the focus of this book: What might gene editing--and related technologies--mean for human flourishing? In the new essays collected here, an interdisciplinary group of scholars asks age--old questions about the nature and well-being of humans in the context of a revolutionary new biotechnology--one that has the potential to change the genetic make-up of both existing people and future generations. Welcoming readers who study related issues and those not yet familiar with the formal study of bioethics, the authors of these essays open up a conversation about the ethics of gene editing. It is through this conversation that citizens can influence laws and the distribution of funding for science and medicine, that professional leaders can shape understanding and use of gene editing and related technologies by scientists, patients, and practitioners, and that individuals can make decisions about their own lives and the lives of their families.




Thomas Aquinas on Virtue and Human Flourishing


Book Description

Thomas Aquinas offers teleological systematisation of the habits needed for human flourishing. His metaphysical jurisprudence remodels ethics upon this, rather than on a moral precept. “Eternal law” governing the world determines “natural law”, reflected in human legislation (a variety of the “anthropic principle”). Finally, law, unwritten, is infused spirit as self-consciousness, “universal of universals”. Acquired virtues elicit this, become effusion, represented in religion as gifts or graces. But mind’s or spirit’s omnipresence, necessarily “closer to me than I am to myself”, supersedes the abstractions of heteronomy versus autonomy. The habitual well-being brought by prudence, justice, courage and temperance prompts this picture of gifts and graces. The “theological virtues”, faith (explicit or implicit) and hope fulfilled in love, “crown” our natural rationality, set toward as being the universal. “Become what you are”. Heteronomous law is thus “defused” at root by grounding it entirely upon immovable spiritual (mental) inclination towards universal fulfilment as naturally desired, reflection shows. Virtue, finally, is best assessed as a capacity for the individually beautiful yet habit-based action, Aristotle’s to kalon. Aquinas puts this picture as summed up in the beatitudes of the “Sermon on the Mount”.