Reason, Morality, and Law

The Philosophy of John Finnis

Author: John Keown,Robert P. George

Publisher: Oxford University Press

ISBN: 0199675503

Category: Law

Page: 615

View: 6749

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.
Release

Fundamentals of Ethics

Author: John Finnis

Publisher: Georgetown University Press

ISBN: 9780878404087

Category: Philosophy

Page: 163

View: 3304

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.
Release

Aquinas

Moral, Political, and Legal Theory

Author: John Finnis

Publisher: Oxford University Press, USA

ISBN: 9780198780847

Category: Medical

Page: 385

View: 9610

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.
Release

Natural Law and Natural Rights

Author: John Finnis

Publisher: OUP Oxford

ISBN: 0191021547

Category: Law

Page: 512

View: 4932

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.
Release

Religion and Public Reasons

Collected Essays

Author: John Finnis

Publisher: Oxford University Press

ISBN: 019958009X

Category: Law

Page: 421

View: 8338

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.
Release

Reason in Action

Collected Essays

Author: John Finnis

Publisher: Oxford University Press

ISBN: 0199580057

Category: Law

Page: 365

View: 7837

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.
Release

Between Authority and Interpretation

On the Theory of Law and Practical Reason

Author: Joseph Raz

Publisher: OUP Oxford

ISBN: 0191580341

Category: Law

Page: 432

View: 1087

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
Release

Philosophy of Law

Collected Essays

Author: John Finnis

Publisher: Oxford University Press

ISBN: 0199580081

Category: Language Arts & Disciplines

Page: 509

View: 6142

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.
Release

The Autonomy of Law

Essays on Legal Positivism

Author: Robert P. George

Publisher: Oxford University Press

ISBN: 9780198267904

Category: Law

Page: 339

View: 4154

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.
Release

Natural Law Theory

Contemporary Essays

Author: Robert P. George

Publisher: Oxford University Press

ISBN: 9780198235521

Category: Philosophy

Page: 371

View: 9568

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.
Release

Making Men Moral

Civil Liberties and Public Morality

Author: Robert P. George

Publisher: Clarendon Press

ISBN: 0191029602

Category: Law

Page: 258

View: 3193

Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a legitimate, if subsidiary, role in preserving the `moral ecology' of the cultural environment in which people make the morally significant choices by which they form their characters and influence, for good or ill, the moral lives of others. George shows that a defence of morals legislation is fully compatible with a `pluralistic perfectionist' political theory of civil liberties and public morality.
Release

The Cambridge Companion to Natural Law Jurisprudence

Author: George Duke,Robert P. George

Publisher: Cambridge University Press

ISBN: 1107120519

Category: Law

Page: 430

View: 3886

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

Morality and the Human Goods

An Introduction to Natural Law Ethics

Author: Alfonso Gómez-Lobo

Publisher: Georgetown University Press

ISBN: 0878408851

Category: Philosophy

Page: 142

View: 7549

A concise and accessible introduction to natural law ethics, this book introduces readers to the mainstream tradition of Western moral philosophy. Building on philosophers from Plato through Aquinas to John Finnis, Alfonso Gómez-Lobo links morality to the protection of basic human goods--life, family, friendship, work and play, the experience of beauty, knowledge, and integrity--elements essential to a flourishing, happy human life. Gómez-Lobo begins with a discussion of Plato's Crito as an introduction to the practice of moral philosophy, showing that it requires that its participants treat each other as equals and offer rational arguments to persuade each other. He then puts forth a general principle for practical rationality: one should pursue what is good and avoid what is bad. The human goods form the basis for moral norms that provide a standard by which actions can be evaluated: do they support or harm the human goods? He argues that moral norms should be understood as a system of rules whose rationale is the protection and enhancement of human goods. A moral norm that does not enjoin the preservation or enhancement of a specific good is unjustifiable. Shifting to a case study approach, Gómez-Lobo applies these principles to a discussion of abortion and euthanasia. The book ends with a brief treatment of rival positions, including utilitarianism and libertarianism, and of conscience as our ultimate moral guide. Written as an introductory text for students of ethics and natural law, Morality and the Human Goods makes arguments consistent with Catholic teaching but is not based on theological considerations. The work falls squarely within the field of philosophical ethics and will be of interest to readers of any background.
Release

Collected essays

Author: John Finnis

Publisher: N.A

ISBN: 9780199580040

Category:

Page: 421

View: 7754

Release

Natural Law and Public Reason

Author: Robert P. George,Christopher Wolfe

Publisher: Georgetown University Press

ISBN: 9780878407668

Category: Law

Page: 210

View: 8320

"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.
Release

In Defense of Natural Law

Author: Robert P. George

Publisher: Oxford University Press on Demand

ISBN: 9780199242993

Category: Business & Economics

Page: 343

View: 3251

In his collection George extends the critique of liberalism he expounded in Making Men Moral and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. It is written with the same combination of stylistic elegance and analytical rigour that distinguished his critical work. Not content merely to defend natural law from its cultural despisers, he deftly turns the tables and deploys the idea to mount a stunning attack on regnant liberal beliefs about such issues as abortion, sexuality, and the place of religion in public life.
Release

The Authority of Law

Essays on Law and Morality

Author: Joseph Raz

Publisher: Oxford University Press on Demand

ISBN: 0199573565

Category: Law

Page: 340

View: 895

Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.
Release

Natural Law and Practical Reason

A Thomist View of Moral Autonomy

Author: Martin Rhonheimer

Publisher: Fordham Univ Press

ISBN: 9780823219797

Category: Philosophy

Page: 620

View: 6529

Rhonheimer applies moral theology to practical questions, such as, what does it mean to violate the natural law, or to be unnatural?
Release

Moral Absolutes

Tradition, Revision, and Truth (Michael J. McGivney Lectures of the John Paul II Institute)

Author: John Finnis

Publisher: CUA Press

ISBN: 0813207452

Category: Philosophy

Page: 113

View: 8210

Moral Absolutes sets forth a vigorous but careful critique of much recent work in moral theology. It is illustrated with examples from the most controversial aspects of Christian moral doctrine, and a frank account is given of the roots of the upheaval in Roman Catholic moral theology in and after the 1960s.
Release

The Revival of Natural Law

Philosophical, Theological and Ethical Responses to the Finnis-Grisez School

Author: Nigel Biggar,Rufus Black

Publisher: Ashgate Pub Limited

ISBN: N.A

Category: Philosophy

Page: 299

View: 7905

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 accoun
Release