John Finnis' Natural Law
- Fu Lian Doble
- May 11, 2018
- 3 min read
John Finnis is a professor who specialised in Law. He wrote 'Natural Law and Natural Rights' which restated Aquinas' Natural Law.
Finnis accepted Aristotle's idea that there was natural justice applicable to everyone. Howeve, he said that Natural Law makes sure a person flourished and achieved the real goods. Therefore, rather than Aquinas' primary precepts, Finnish said we must have seven universal, self-evident basic goods.
They exist independently of our minds and can be evident from practical reasoning and not theoretical reasoning.
Practical reasoning is the reasoning that says how to act, whereas theoretical reasoning says what is true or right.
As the basic goods are self-evident, they are not dependant on God, logic or the human brain.
The Basic Goods
Life-Not just bodily health, but also procreation, upholding life etc.
Knowledge-Not just because you have to know what to do but also for personal interest.
Sociability-Human friendships but also acting in the interest of other friends.
Play-Enjoyment. Such as netflix.
Aesthetic appreciation/experience-appreciation of things such as art, music, beauty (great pickup line again)
Religion-Not just in the sense of following Buddhism, or Sikhism but whatever you feel to be the driving force in your life, whatever you invest your energy into etc.
Practical Reasonableness-This helps us to solve problems.
The basic goods explain why we do things. We do certain actions and activities to fulfill the basic goods. Other positive qualities are how we can achieve the basic goods.
The Nine Requirements of Practical Reason
Within the basic good of practical reasonableness, John Finnis said there were nine requirements.
These help us to achieve the other basic goods in correspondence with how to act, what the best moral thing to do is etc.
Again, these are all self-evident.
1) Practical Reason helps us to prioritze our basic goods (think exam season, limited play and pursuing knowledge But this prioritising of basic good should not be done lightly.
2) Practical Reasonableness helps us to make a plan for life
3) Practical reasonableness makes sure that there are no random choices of values, but rather careful ones.
4) There is also no random choice of people
5) It makes sure that we do not become obsessed over one project, for example if this does not help you to fulfill the basic goods.
6) We are also made to think of the consequences of actions through practical reasonableness.
7) Respect for every basic value in every act
8) Working for the common good. WE need to live in groups, as shown through the basic good of sociability. Therefor the common good is when each member of the community can pursue the basic good for themselves
9) Following one's conscience. A bit like intuitionism, Finnis believed that the conscience was right.
There is not hierarchy within the basic goods nor with the nine requirements.
However, Finnis said that education and maturity was important. For example, a toddler is not automatically aware of all the basic goods. But he said that principles are known to every educated mature person.
People who don't respect the basic goods are wrong or bad.
As well as this, Finnis believed that we need to obey the law.
He said that to achieve the common good, everyone needs to follow the basic good. In order to this to happen, authority can ensure people follow this. Hence the law.
Finnis said that the law was a morally necessary part of society.
These laws often help us to reach the basic good and also create a stable society where the common good can also be achieved.
a morally good legal system is only good if it promotes the basic goods.
Therefore, we have to obey the law.
1) We ought to pursue basic goods.
2) Society must be co-ordinated to pursue the common good
3) The law does this
4) Therefore we should obey the law.
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