Reason Morality and Law

Author: John Keown
Publisher: Oxford University Press
ISBN: 9780199675500
Release Date: 2013-03-21
Genre: Law

This volume gathers leading moral, legal, and political philosophers alongside theologians to examine John Finnis' work. The book offers the first sustained critical study of Finnis' contribution across the philosophy of rationality, legal and political philosophy, and theology. It includes a substantial response from Finnis himself in which he defends and develops his ideas.

Reason in Action

Author: John Finnis
Publisher: Oxford University Press
ISBN: 9780199580057
Release Date: 2011-04-07
Genre: Law

Reason in Action collects John Finnis's work on practical reason and moral philosophy. Ranging from foundational issues of meta-ethics to modern ethical debates, the essays trace the emergence and development of his new classical theory of natural law through close engagement with a broad range of contemporary thinkers and problems.

Fundamentals of Ethics

Author: John Finnis
Publisher: Georgetown University Press
ISBN: 0878404082
Release Date: 1983
Genre: Philosophy

Are we entitled to be confident that our moral judgements can be objective? Can they express insights into aspects of reality, rather than mere feelings, tastes, desires, decisions, upbringing, or conventions? Why must we consider some of our choices to be free, and how do our free choices matter? How far should our moral judgements be based on assessments of expected consequences? Can utilitarianism, and other consequentialist or proportionalist theories, be anything more than the rationalization of positions taken on other grounds? The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism. But in seeking to meet this challenge, the book develops a sustained philosophical argument about many of the central questions of ethics. It reviews classical positions, and challenges some long-influential interpretations of those positions. It also reviews and participates in some recent developments and controversies in Anglo-American ethical theory. The activity of ethical theorizing itself is shown to be a matter of free and intelligent decision, in pursuit of intelligible good; it thus provides a test-case for any ethical theory.

Collected Essays

Author: John Mitchell Finnis
Publisher:
ISBN: 0199689938
Release Date: 1928
Genre: Law / Philosophy


Natural Law and Natural Rights

Author: John Finnis
Publisher: OUP Oxford
ISBN: 9780191021541
Release Date: 2011-04-07
Genre: Law

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 of discussion, 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 complex relation 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.

Aquinas

Author: John Finnis
Publisher: Oxford University Press, USA
ISBN: 0198780842
Release Date: 1998
Genre: Medical

Founders of Modern Political and Social Thought Series Editor: Dr Mark Philp, Oriel College, University of Oxford Founders of Modern Political and Social Thought present critical examinations of the work of major political philosophers and social theorists, assessing both their initial contribution and continuing relevance to politics and society. Each volume provides a clear, accessible, historically-informed account of each thinker's work, focusing on a re-assessment of their central ideas and arguments. Founders encourage scholars and students to link their study of classic texts to current debates in political philosophy and social theory. This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Aquinas' thought, combining an accessible, historically-informed account of his work with a re-assessment of his central ideas and arguments. John Finnis presents a richly-documented review of Aquinas' ideas on morality, politics, law, and method in social science, using the philosopher's own long-neglected distinctions between types of order and types of theory. Unique in his coverage of Aquinas' primary and secondary texts and his own vigorous argumentation on many themes, the author focuses on the Aquinas' philosophy while also demonstrating how this interconnects with the theological elements. In his fresh, far-reaching re-reading of Aquinas, John Finnis argues out such questions as: Is egoism rational? Why is Aristotle's paternalism wrong? Has sexual morality any reasonable principle? What's wrong with lying and usury? Why are democracy and the rule of law aspects of the best polity? Drawing on over 60 of Aquinas' works, the author shows how, despite some medieval limitations, Aquinas makes profound, powerful contributions to present debates.

Philosophy of Law

Author: John Finnis
Publisher: Oxford University Press
ISBN: 9780199580088
Release Date: 2011-04-07
Genre: Language Arts & Disciplines

John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.

Religion and Public Reasons

Author: John Finnis
Publisher: Oxford University Press
ISBN: 9780199580095
Release Date: 2011-04-07
Genre: Law

Religion and Public Reasons collects the theological work of John Finnis, spanning his contribution to such foundational issues as the justification for belief in revelation and moral-theological methodology; to the role of religion in public reason and law; and to major controversies within Catholic thought and practice since the 1960s.

Natural Law and Public Reason

Author: Robert P. George
Publisher: Georgetown University Press
ISBN: 0878407669
Release Date: 2000
Genre: Law

"Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice.

Natural Law Theory

Author: Robert P. George
Publisher: Oxford University Press
ISBN: 0198235526
Release Date: 1994
Genre: Philosophy

This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics.

The Autonomy of Law

Author: Robert P. George
Publisher: Oxford University Press
ISBN: 0198267908
Release Date: 1999
Genre: Law

This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should legal theorists maintain a conceptual separation of law and morality? These and other questions are addressed by the authors of this carefully edited collection, which will beof interest to all lawyers and scholars interested in legal philosophy.

Subjectivity

Author: R. J. Snell
Publisher: Lexington Books
ISBN: 9781498513197
Release Date: 2016-03-04
Genre: Philosophy

Modern thought is sometimes presented as introducing a “turn to the subject” absent from ancient and medieval thought, although the schools of thought associated with Bernard Lonergan, Eric Voegelin, Leo Strauss, and the new natural law theory often find subjectivity already operative in the older forms. In this volume, sixteen leading scholars examine the turn to the subject in modern philosophy and consider its historical antecedents in ancient and medieval thought.

Great Debates in Jurisprudence

Author: Nicholas J. McBride
Publisher: Macmillan International Higher Education
ISBN: 9781137327550
Release Date: 2014-08-26
Genre: Law

A clear and critical exposition of the more advanced concepts in Jurisprudence, providing a cutting edge for students who are looking to gain additional insights with which to excel. Readers are introduced to the many debates surrounding each core area and presented with the key tensions and questions underlying each topic.

The Revival of Natural Law

Author: Nigel Biggar
Publisher: Routledge
ISBN: 9781351882859
Release Date: 2017-03-02
Genre: Religion

Natural law theory has been enjoying a significant revival in recent times. Led by Germain Grisez in the USA and John Finnis in the UK, one school of thinkers has been articulating a highly developed system of natural law built upon a sophisticated account of practical reasoning and a rich and flexible understanding of the human good. However, long-standing prejudices against old-style natural law among moral philosophers and Protestant ethicists, together with the new theory's appropriation by conservatives in the impassioned debate between the Vatican and dissenting theologians in the United States, have prevented the Finnis-Grisez version from being adequately appreciated. Providing a clear and substantive introduction to the theory for those who are new to it, this book then broadens, assesses, and advances the debate about it, examining crucial philosophical, theological and ethical issues and opening up discussion beyond the confines of the Roman Catholic Church. Part 1, on philosophical issues, starts with two broad chapters that locate the Grisez school in relation to modern moral philosophy and the Roman Catholic philosophical tradition of Thomism, and then follows these with further chapters on two crucial issues: the possibility of consensus on the human good, and the nature of moral absolutes. Part 2, on theological dimensions, begins with a Lutheran critique of Grisez, locates him in relation to the ethics of two very prominent 20th century Protestants, Karl Barth and Stanley Hauerwas, and then explores the major area of theological controversy within the Roman Catholic community - how to conceive of the "Church's" authority with regard to moral matters. Part 3 subjects the school's thought to critical examination in a broad range of ethical fields: bioethics, gender, sex and the environment. A concluding chapter then develops eight topics that recur in the course of the book: the status of ethical realism in the contemporary intellectual climate; whether realism is best conceived in rationalist or naturalist terms; whether marriage should be counted as a basic good; whether physical pleasure should not be counted a basic good; whether it is always wrong to act deliberately against a basic good; the problems of moral certainty and authority; the rapproachement between Protestant and Roman Catholic ethics; and, finally, whether ethical understanding is really independent of one's anthropological point of view. Drawing together North American, European and Australian contributors from across moral philosophy and Protestant ethics as well as from Roman Catholic moral theology, this book opens up the debate about the Finnis-Grisez theory, highlighting its strengths and weaknesses in order to advance current discussion about natural law in moral theology and in moral and legal philosophy.

The Cambridge Companion to Natural Law Jurisprudence

Author: George Duke
Publisher: Cambridge University Press
ISBN: 9781107120518
Release Date: 2017-06-16
Genre: Law

This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.