Natural Law and Natural Rights

John Finnis

First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years ofdiscussion, criticism and further work in the field to develop and refine the original theory.The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence.The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings.The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complexrelation between legal and moral obligation; and the practical and theoretical problems created by unjust laws.A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

Religion and Public Reasons:
Collected Essays, Volume 5

John Finnis

Anteprima del libro

The essays in Religion and Public Reasons seek to argue for, and illustrate, a central element of John Finnis' theory of natural law: that the main tenets of personal and political morality, and of a good legal order, are taught both by reason (arguments accessible to everyone) and by authentic divine revelation (teachings accessible to all who have a reasonable faith in its witnesses).

The author's main books each include arguments for rejecting atheism and agnosticism; several papers here take up these arguments and indicate ways in which they open onto the reasonable grounds for accepting that more about God's nature, and about the meaning of Creation (including ongoing natural evolution), is disclosed by the revelation carried far forward among the Jewish people, and given definitive form by the Jews and Greeks who assembled in the universal Church, as witnesses of Christ, to carry forward that revelation into our present. Several papers argue that "public reason" properly includes such a religion, and that Humeian, Nietzschean, Deweyian, Rawlsian or other atheistical or deistic understandings of a reasonable secularism are badly mistaken.
Many substantial papers record the author's position in controversies within Catholicism since the 1960s: on social justice, contraception and abortion; nuclear deterrence; Newman on conscience before pope; Maritain's hopes for a new Christendom and von Balthasar's for a hell empty of human persons; and on "proportionalism" and Lonerganian "historical consciousness" as moral-theological methods.
Previously unpublished papers include several University and college sermons, and a substantial introduction.

Philosophy of Law:
Collected Essays, Volume 4

John Finnis


Anteprima del libro

John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects nearly thirty papers: on the foundations of law's authority; major theories and theorists of law; legal reasoning; revolutions, rights and law; and the logic of law-making.

The essays collected include Finnis' recent appreciations and root-and-branch critiques of Hart's legal and political theories, his engagements with other central figures and works in the field, including Dworkin's Law's Empire; Raz on authority and coordination; Coleman, Leiter and Gardner on legal positivism and naturalism; Aquinas as founder of legal positivism; Weber on the fact-value distinction and legitimation; Unger on indeterminacy in law; Posner on intention and economics; Kelsen and courts on revolutions; game-theory and rational-choice theory; with misinterpreters of Hohfeld on rights logic; John Paul II on voting for unjust laws; analogy's role in legal reasoning; the distribution of constitutional authority in the Empire and its dissolution; the judicial opportunism of separation of powers doctrine in the Australian constitution; the architecture of Blackstone's Commentaries; restitution in civil wrongs; and many other aspects of law and legal theory. Several papers bring to bear his extensive work as a constitutional adviser and lawyer on persistent problems of constitutional theory.
Previously unpublished papers include two on critical or post-modern legal theory, and an introduction reflecting on legal philosophy's development and future.

Human Rights and Common Good:
Collected Essays, Volume 3

John Finnis

Anteprima del libro

This central volume in the Collected Essays brings together John Finnis's wide-ranging contribution to central issues in political philosophy.

The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights -- a searching critique of Ronald Dworkin's moral-political arguments and conclusions, of the European Court of Human Rights' approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant's thought on the intersection of law, right, and ethics. Other papers in the book's opening section include an early assessment of Rawls's A Theory of Justice, a radical re-interpretation of Aquinas on limited government and the significance of the private/public distinction, and a challenging paper on virtue and the constitution.
The volume then focuses on central problems in modern political communities, including the achievement of justice in work and distribution; the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman's right to choose, Habermas on abortion, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders.
The volume's previously unpublished papers include a foundational consideration of labor unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's Abolition of Man on contraception, and an introduction reviewing some of the remarkable changes in private and public morality over the past half-century.

Intention and Identity:
Collected Essays, Volume 2
John Finnis


Anteprima del libro

The essays in Intention and Identity explore themes in Finnis's work touched on only lightly, if at all, in Natural Law and Natural Rights, developing profound accounts of personal identity and existence; group identity and common good; and intention and choice as action- and self-shaping.

In his many-faceted study of what it is to be a human person, and a human community, Finnis not only engages with contemporary philosophers and bioethicists such as Peter Singer, Michael Lockwood and John Harris, with thinkers from other traditions such as Karol Wojtyla (John Paul II), and with judges in the highest courts. He also offers illuminating and deeply considered readings of Shakespeare and Aquinas, and debates with Roger Scruton, Joseph Raz, Hans Kelsen, John Rawls, Glanville Williams, Richard Posner, Ronald Dworkin and others. The role of intention in the criminal law and the law of civil wrongs is searchingly explored through case-law, as are judicial attempts to understand conditional and preparatory intentions. Moral or bioethical issues discussed include in vitro fertilization, cloning, abortion, euthanasia, and 'brain death', patriotism, multi-culturalism and immigration.
The papers show the power of a sometimes neglected aspect of the new classical theory of natural law. The volume includes previously unpublished papers on whether brain life is relevant to the beginning of a person's life, on its relevance to the end of one's life, and a substantial introduction in which John Finnis reflects on the changes in his thinking on personal reality and on how intention is to be analysed and understood and its moral significance appreciated.

Reason in Action:
Collected Essays - Volume 1
John Finnis

Anteprima del libro

Reason in Action collects John Finnis' work on the theory of practical reason and moral philosophy. The essays in the volume range from foundational issues of meta-ethics to the practical application of natural law theory to ethical problems such as nuclear deterrence, obscenity and free speech, and abortion and cloning.

Defending the objectivity of some evaluative and moral judgments, the volume's meta-ethical papers debate with figures as diverse as Jurgen Habermas, Bernard Williams, David Hume, Max Weber, and Christine Korsgaard, and offer a new understanding of Wittgenstein's On Certainty. Further papers engage with Philippa Foot, Geoffrey Warnock, Leo Strauss, Terence Irwin, neo-scholastic interpreters of Aquinas, utilitarians, game theorists, and Immanuel Kant on the shape of moral thought. John Rawls's conception of public reason, J.S. Mill's understanding of free speech, Jacques Maritain's appeal to "connatural" knowledge, and Karl Rahner's idea of changing human nature are critically contested. Foundational questions addressed in the volume include: how legal reasoning differs from general practical reasoning; how aesthetic appreciation differs from erotic attraction; how subrational elements enter into the rational standard of fairness; how virtues depend upon principles and norms; and how incommensurabilities count in moral thought.
These papers mark the development of Finnis' new classical theory of natural law, engaged with contemporary thinkers and problems. Several papers previously unpublished show that emergence before Natural Law and Natural Rights was written. Other unpublished papers include a discussion of pornography, an analysis of freedom of speech, and a substantive introduction reflecting on the theory, its reception, and the convergence on it of capabilities theorists such as Amartya Sen and Martha Nussbaum.