The Moral Foundations Of Private Law - 1086 Words

In The Moral Foundations of Private law, Gordley seeks to find what concepts are necessary to make sense of private law. In doing so, Gordley conveys a strong conviction in explaining these concepts through the teachings and theories of Aristotle, rather than through modern constructions. Although, Gordley argues that our private law is in essences, Aristotelian, is this actually the case and if so, does it have to be? Also, what is lost or gained by not basing our private law on Aristotle’s teachings? To explain private law in an Aristotelian way, one must learn the Aristotelian view of man. For Aristotle, â€Å"human happiness consists in living a distinctively happy life, a life which realizes, so far as possible, one’s potential as a human being. It is a life unlike that of other animals because a human being can act, not only by appetite, but by reason and will.† Man can understand that his actions can add to the individually human life he seeks to liv e. To access these actions that contribute to this life, man must gain a virtue, which the late Scholastics called prudence. Along with prudence it maybe necessary for man to have other virtues as well, because human beings are quite social amongst each other, part of living resorts us in helping others carryout their lives. Man should seek to acquire any item or thing that he may need and help others in doing so also. This leads to the objects of distributive and commutative justice. Distributive justice is toShow MoreRelatedPrivacy Rights : Moral And Legal Foundations1312 Words   |  6 Pagesand/or morals play in shaping privacy rights and/or expectations? It is understood that there are a number of definitions of privacy. Intellectuals have published works with varying content throughout the years. In 1890, Warren and Brandeis’ article gathered that privacy is the â€Å"right to be let alone† (Samuel Warren). Additionally, William Parent suggested that â€Å"privacy is the condition of not having undocumented personal knowledge about one possessed by others† (Moore, Privacy Rights: Moral andRead MorePrivacy Rights : Moral And Legal Foundations1584 Words   |  7 Pagesof not having undocumented personal knowledge about one possessed by others† (Moore, Privacy Rights: Moral and Legal Foundations). On the other hand, Julie Inness illustrated that privacy is â€Å"the state of possessing control over a realm of intimate decisions, which include decisions about intimate access, intimate information and intimate actions† (Moore, Privacy Rights: Moral and Legal Foundations). Although the definition s vary, the observations and publications regarding privacy indicate thatRead MoreShould Laws Protect Individual Liberty or Benefit Civil Society1716 Words   |  7 Pagessimplest manifestation of law so as to create a civil society society where both individual liberty and normative goals are practiced. Should the the aim of law be primarily centered on the protection of individual liberty or, instead, the normative goals geared toward the benefit of of civil society? The laws in any society ought to not be centered on normative goals it ought to conjointly defend individual liberty. The current approach by the legal system seems to be that the law should maintain a commonRead MoreInternational Law And National Law1011 Words   |  5 PagesW101: An Introduction to Law Tutor Marked Assessment TMA01 Question 1 (300) Explain the difference between: a. international law and national law Their principal differences are in their scope and their intended subjects. International law governs the relationships that states have with each other and international institutions, whereas national law applies within a nation. International law gains its force from agreements made between states and customs and practices that have been followed by statesRead MoreJohn Lockes Political Philosophy 752 Words   |  3 Pages John Locke is one of the most influential political philosophers of the modern era. He is a strong-minded empiricist whom expresses radical views about law and order. Locke is a fascinating figure in the history of law and order whose excellence of elucidation and depth of intellectual activity remains extremely influential. His mature political philosophy leant support to the British Whig party and its principles, to the Age of Enlightenment, and to the development of the separation of the StateRead MoreComparison Between Plato And Plato1101 Words   |  5 Pagesspeech of the Laws of Athens by appealing to a social contract that exists between the Laws and the citizens. By living in Athens, one must abide by the Laws of Athens. Since Socrates is in prison, if he were to try to escape he would be breaking the Law. Socrates lived in Athens following the Athenian Law up to this point. Socrates dismissed the possibility of exile, saying he would rather die than live outside of Athens. Though they offered the exile freely, to flee Athens when the Law no longer permittedRead MoreFaith-Based Rehab Programs in Prison Essay1183 Words   |  5 Pagessystem that inmates can be a part of to encourage, support, stability, growth, life changing skills, and thinking. These programs can help assist inmates in adjusting to prison life while being incarcerated and it can also help them have a strong foundation upon their release. In addition, these programs can help give them a positive view of life and some type of structure once they are released back into society. There are many types of faith-based programs such as Prison Fellowship (PF), the InnerRead MoreThe Morality Of Legal Official1573 Words   |  7 Pagestheir law-jobs under the idea of ‘role morality’ to keep the law’s integrity in virtue of the maintain of human interactions, the general rules, the rule of law, and the fidelity of law. Both conceptions of legal official, however, differ in the scope of membership and the degree of morality performance. On the on hand, the broad conception of legal official includes all members of legal systems, for examples, legislators, judges, lawyers, attorneys, policeman, law professors and even the law studentsRead MoreAssessment of a Statement Essay1102 Words   |  5 Pages Niccollo Machiavelli, born on May 3, 1469, lived during a period of turmoil and constant war in Europe. Machiavelli believed that political life cannot and should not be governed by a set of moral or religious absolutes. He also believed that in the interest of securing the state, acts of violence and deception that would be unethical and indefensible were permissible. This essay will seek to prove that the statement â€Å"the endRead More The Governments and States of Locke, Aquinas, and St. Augustine1375 Words   |  6 Pagesunder the rule of law. This is similar to St. Augustine in the respect that within the world there are evil men who will do harm to others. Augustine argues that laws are necessary to make sure that people can live with the peace of mind that they are protected from the sins of others. One of the contrasting points the states of Aquinas and Locke possess is rooted in how each state should set up and decide their laws. Aquinas argues that we should set up our laws based on high morals, which all men