Abstract
In common with Fuller, Oakeshott, Hayek and Dworkin, Finnis argued for an internally sanctioned connection between law and morality, while also firmly rejecting the utilitarian justification of the modern legal order assumed by jurists belonging to the tradition of legal positivism. In contrast to these other theorists, however, Finnis did not examine the idea of natural law exclusively in terms of formal or procedural principles of legal justice. Instead, he insisted that the justification of the modern rule of law required the exposition of a substantive theory of human nature and the moral goods and values necessary to its perfection. Thus in Natural Law and Natural Rights (1980), the Carroll Lectures of 1982 published subsequently as Fundamentals of Ethics (1983),1 and Nuclear Deterrence, Morality and Realism (1987),2 Finnis formulated a fully naturalistic theory of human morality and moral reasoning — a theory in which he set aside the methodological procedures that structured the Kantian and utilitarian traditions in ethics in favour of the procedures central to the classical Thomist philosophy of natural law. In formulating his ethical theory, Finnis was led to ground the moral authority of the rule of law in certain fundamental requirements of practical reason, which he believed to be essential to the realization of all human goods and values within organized political society.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
Notes and References
John Finnis, Fundamentals of Ethics ( Oxford: Clarendon Press, 1983 ).
John Finnis, Joseph M. Boyle, Jr. and Germain Grisez, Nuclear Deterrence, Morality and Realism ( Oxford: Clarendon Press, 1987 ).
John Finnis, Blackstone’s Theoretical Intentions’, Natural Law Forum, 12 (1967), 163–83.
John Finnis, ‘Natural Law and Unnatural Acts’, Heythrop Journal, 11 (1970), 365–87.
John Finnis, The Rights and Wrongs of Abortion: A Reply to Judith Thomson’, Philosophy and Public Affairs 2 (Winter 1973), 117–45.
John Finnis, The Restoration of Retribution’, Analysis, 32 (1972), 131–5.
John Finnis, ‘Reason and Passion: The Constitutional Dialectic of Free Speech and Obscenity’, University of Pennsylvania Law Review, 116 (1967), 222–43.
Copyright information
© 1992 Charles Covell
About this chapter
Cite this chapter
Covell, C. (1992). John Finnis: Thomism and the Philosophy of Natural Law. In: The Defence of Natural Law. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-22359-6_5
Download citation
DOI: https://doi.org/10.1007/978-1-349-22359-6_5
Publisher Name: Palgrave Macmillan, London
Print ISBN: 978-1-349-22361-9
Online ISBN: 978-1-349-22359-6
eBook Packages: Palgrave Religion & Philosophy CollectionPhilosophy and Religion (R0)