scholarly journals FREE SPEECH AND EXTRINSICALLY UNJUST LAWS IN THE THEORY OF JOHN FINNIS

Author(s):  
Petr Osina

The article deals with the concept of free speach in New Natural Law theory in the conception of its main representative John Finnis. At the beginning it concentrates on the description of free speach in the context of the Finnis’s theory of extrinsically unjust laws. The article continues with the analysis of criminal case from the beginning of the USA and the application of Finnis’s theory on this problem. The weak aspects of the concept of common good in Finnis’s theory are analyzed at the end of the article.

Author(s):  
Anton Didikin

The paper interprets the arguments of Thomas Aquinas on natural law as a way to achieve the common good, which had a significant impact on John Finnis’ natural law theory. The author reveals the conceptual foundations of J. Finnis’ understanding the morally justified actions of people in the community aimed at the obtaining of basic benefits, and the debatable issues of his theory in modern philosophical and legal research. The author arrives to the conclusion that the reinterpretation of J. Finnis analysis of the grounds for ethically significant actions leads him to formulate an instrumental approach to natural law as a rational way to implement a decent life.


2020 ◽  
pp. 65-101
Author(s):  
Douglas Flippen

John Finnis joins Grisez in providing a new foundation for Thomistic natural law theory. To accomplish this, they closely associate good as perfection with good as to be pursued and have both senses grasped together by the practical intellect independently of the speculative intellect. The practical intellect then presents good to the will and motivates it to act for the first time. Since good as perfection is inherently speculative and since the intellect becomes practical only depending on the will, their notion of the practical intellect is incoherent and their new foundation is deeply flawed.


2018 ◽  
Vol 80 (1) ◽  
pp. 3-29 ◽  
Author(s):  
Robert P. Kraynak

Abstract“Social justice” is a powerful idea today, but its origins and meaning are unclear. One of the first to use the term was Antonio Rosmini, author of The Constitution under Social Justice (1848) and other works of moral philosophy. I argue that Rosmini arrived at his idea of social justice by developing Thomistic natural law theory into a novel view of the common good that balances two principles: (1) the equal rights and dignity of persons as ends-in-themselves, a version of “personalism” influenced by Kant and Christianity; and (2) unequal rewards for those who contribute most to society, a version of Aristotelian “proportionalism” based on the social nature of man. I conclude by comparing Rosmini's idea of social justice to John Rawls's “theory of justice” and Catholic social teaching.


Legal Theory ◽  
2007 ◽  
Vol 13 (3-4) ◽  
pp. 315-344 ◽  
Author(s):  
John Finnis

Linking theses of Plato, Wittgenstein, and Weber, section I argues that identification of central cases and settling of focal meanings depend upon the theorist's purpose(s) and, in the case of theory about human affairs—theory adequately attentive to the four irreducible orders in which human persons live and act—upon the purposes for which we intelligibly and intelligently act. Among these purposes, primacy (centrality) is to be accorded (by acknowledgement, not fiat) to purposes which are, as best the theorist can judge, reasonable and fit to be adopted by anyone, the theorist included. Section II defends the reasonableness (and hence entitlement to universal assent) of practical and moral judgments, against Michael Perry's ultimately nihilist claims that egoism's challenge to moral normativity has gone unanswered and that “reason for A” does not entail “reason for” anyone else. Section III takes up Steven Smith's suggestion that such subjectivism is encouraged by the talk in Natural Law and Natural Rights of “pursuing goods,” talk which (he argues) is individualistic and neglectful of (other) persons, inimical to an understanding of friendship, and impotent in the face of egoism. Here as elsewhere the key is to grasp that understanding any basic or intrinsic human good is to understand it as good for anyone like me and thus—since as I instantiate and embody a universal, viz. human being—as a good common to (good for) anyone and everyone. Section IV argues that common good (which includes respect for human rights, and the Rule of Law) gives reason for exercise and acceptance of authority, and for allegiance, even (and in a sense, especially) in time of breakdown. Section V argues that natural law theory is no more dependent on affirming God's existence than any other theory is, in any of the four orders of theory, but equally that is not safe for atheists. For, like any other sound theory, it suggests and is consistent with questions and answers about its grounds, in this case about the source of its normativity and of the human nature that its normative universals presuppose and affirm; and the answers are those argued for, too abstemiously, in the last chapter of NLNR and, more adequately, in the equivalent chapter of Aquinas.


2018 ◽  
Vol 13 (3) ◽  
pp. 71
Author(s):  
V. Yu. Perov ◽  
A. D. Sevastianova

The law and morality the interrelation issue has been the subject for many discussions, recent works in the philosophy field and law ethics of renowned authors as H. Hart, L. Fuller and J. Finnis, who contributed significantly to the topic. The key question about the moral content of law is examined within the polemics between theorists of legal positivism and natural law legal theorists. This article touches upon this issue by the example of the concept of John Finnis, one of the most brilliant contemporary law philosophers, his neo-naturalistic concept of natural law includes some ideas of modern positivism. J. Finnis claims natural law appears as a set of principles of practical reasonableness for the ordering of human life and the human community. Law acts as a method to ensure “the common good” of the community and is based on seven self-evident, as he believes the basic human goods necessary for the human flourishing. The requirements of practical reasonableness compose the content of natural law, contain recommendations on how to carry out these self-evident goods. For Finnis, the aim of law is to provide conditions, according to the requirements of practical reasonableness, in which these seven goods can be realized. It is outlined that J. Finnis regards law as a social institute which purpose is to regulate human affairs, and thus to promote the creation of a community where everyone could realize the seven fundamental goods for humankind.


2019 ◽  
Vol 19 (2) ◽  
pp. 293-303
Author(s):  
Daniel Mark ◽  

Some critics question new natural law theorists’ conception of the common good of the political community, namely, their interpretation of St. Thomas Aquinas and the conclusion that the political common good is primarily instrumental rather than intrinsic and transcendent. Contrary to these objections, the common good of the political community is primarily instrumental. It aims chiefly at securing the conditions for human flourishing. Its unique ability to use the law to bring about justice and peace and promote virtue in individuals may make the common good of the political community critically important. Nevertheless, it is still not an intrinsic aspect of human flourishing. Unlike the family or a religious group, membership in a political community is not an end in itself.


2020 ◽  
pp. 39-64
Author(s):  
Diego Poole-Derqui

El presente trabajo es una valoración crítica de la teoría de la ley natural de Germain Grisez y John Finnis, máximos exponentes de la New Natural Law Theory (NNLT), en contraste con la doctrina de Santo Tomás. Está dividido en tres partes. En la primera se compara la ontología del iusnaturalismo de la NNLT con el iusnaturalismo tomista. La segunda parte trata sobre el conocimiento de la ley natural, prestando especial atención a la naturaleza del conocimiento práctico según el Aquinate, para mostrar la diferencia que le separa de la NNLT. En el último capítulo, titulado Marginación de las virtudes en el conocimiento de la ley natural. La «kantianización» de Grisez y Finnis, se argumenta por qué la teoría del conocimiento práctico de la NNLT está más próxima a Kant que a Aristóteles o Santo Tomás.


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