Human Thriving and the Law
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 indi
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Charles Foster Jonathan Herring
Human Thriving and the Law
SpringerBriefs in Law
More information about this series at http://www.springer.com/series/10164
Charles Foster Jonathan Herring •
Human Thriving and the Law
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Charles Foster Green Templeton College University of Oxford Oxford, UK
Jonathan Herring Exeter College University of Oxford Oxford, UK
ISSN 2192-855X ISSN 2192-8568 (electronic) SpringerBriefs in Law ISBN 978-3-030-01134-5 ISBN 978-3-030-01135-2 (eBook) https://doi.org/10.1007/978-3-030-01135-2 Library of Congress Control Number: 2018955920 © The Author(s), under exclusive license to Springer Nature Switzerland AG 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
CF: To the memory of Micky Weingarten, a wise, kind, and iconoclastic friend. JH: To the memory of Earline Johnson, my loving mother in law
Preface
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 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’être, the law has been slow to contribute to the conversation, or even put sn
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