How does H.L.A. Hart describe Finnis's Restatement of Natural Law?
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He describes it as an account of 'very great merit'.
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How does H.L.A. Hart describe Finnis's Restatement of Natural Law?
He describes it as an account of 'very great merit'.
What is the presumptive obligatory force of a ruler's authority according to Finnis?
A ruler has the authority to act for the common good, but if they make stipulations against the common good or basic principles of practical reasonableness, those stipulations lack moral authority.
What fundamental questions does religion address according to the text?
It addresses questions about the origins of cosmic order and human freedom and reason, which can be valued even by atheists.
What does Finnis mean by 'unjust law'?
An 'unjust law' is one that may be recognized as laid down by authorities but is considered unjust in a limited, systemic sense, indicating that the law posited by the political community can sometimes go astray.
What is John Finnis's Restatement of Natural Law?
It is the most authoritative modern statement of natural law, advocating a return to 'pure natural law' associated with Aristotle and Aquinas.
What role do intermediate moral principles play in moral norms?
They guard against deviations from the standard of integral human fulfilment.
What is one of the basic requirements of practical reasonableness?
A rational or coherent plan of life.
Is there a hierarchy among the seven basic goods according to Finnis?
No, Finnis asserts that there is no hierarchy among the seven basic goods; each is equal in importance and cannot be reduced to aspects of one another.
What does Finnis mean by knowledge for its own sake?
Finnis refers to knowledge for its own sake as knowledge that is pursued not merely instrumentally but for the intrinsic value it holds.
How does Finnis define 'basic goods'?
Basic goods are items or things that are essential for human beings, which are intrinsically worthy of being pursued and cannot be measured or compared.
How does Finnis view human rights in relation to the common good?
Finnis sees human rights as a fundamental component of the common good, subject to limitations by each other and other aspects of the common good, unlike utilitarianism which prioritizes majority benefit.
What is a criticism of Finnis's claim about basic goods?
Critics question whether the basic goods are truly self-evident, as Finnis provides no examples or reasons to support this claim.
What question remains about Finnis's approach to social ordering through law?
There is no clear reason provided by Finnis as to why social ordering through law is the most appropriate way to organize political life.
What does practical reasonableness involve?
It involves effectively using one's intelligence to choose actions and shape one's character, requiring both internal harmony and external authenticity.
How is sociability or friendship defined in the text?
It is defined as acting for the sake of one’s friend’s purposes and well-being, ranging from minimal peace to full friendship.
How do modes of responsibility function in relation to the first moral principle?
They identify motivations that could lead to actions contrary to achieving integral human fulfilment.
What do the requirements of practical reasonableness provide?
They provide a method of moral reasoning to arrive at moral choices among competing alternatives.
What does Finnis say about unjust laws?
He argues that unjust laws are a subsidiary concern of natural law theory and cannot be reduced to a simple formula.
What is the fourth basic component in our flourishing according to the text?
Aesthetic experience, which involves the appreciation of beauty and can be found in various forms of play and nature.
How does Finnis distinguish between the focal and penumbral meanings of law?
Finnis states that the focal meaning of law is an authoritative common ordering aimed at achieving the common good, while unjust laws are seen as imperfect instances or corruptions of law.
What does the good of 'practical reasonableness' structure in the pursuit of goods?
It structures the pursuit of goods generally and shapes our participation in other goods.
How does Finnis integrate natural law within analytical jurisprudence?
Finnis emphasizes the importance of studying law in conjunction with natural law, showing its significance in structuring human life according to practical reasonableness.
What is the focal meaning of law in Finnis's view?
The focal meaning of law concentrates on what it achieves rather than on what it is.
What is required by the first moral principle of integral human fulfilment?
It requires 'modes of responsibility' that guide how basic goods are realized.
Why are modes of responsibility necessary in moral decision-making?
They provide specific guidance to achieve integral human fulfilment, as the first moral principle is too general.
What are the evaluative criteria for achieving the common good according to Finnis?
The criteria include need, function relative to roles and responsibilities, and capacity relative to roles in communal enterprise and opportunities for individual advancement.
How many basic goods does Finnis list?
Finnis lists seven basic goods that are components of human flourishing.
What role does law play in communal life according to Finnis?
Law is needed to organize communal life and ensure the functioning of a communal enterprise.
What concern is raised about Finnis's attention to human nature?
Critics question whether Finnis has adequately considered man's capacity for evil in his formulation of the basic goods.
How does Finnis view the role of God in his theory?
Finnis does not make God a premise of his theory; instead, he considers God as a conclusion that one might reach after accepting the arguments of his book. He believes a theory of natural law can stand without religious doctrine.
What does Finnis mean by 'natural law'?
He defines it as the set of principles of practical reasonableness that order human life and human community.
What is the significance of 'flourishing' in Finnis's theory?
Flourishing refers to growth, development, advancement, and fulfillment, which are results of pursuing basic goods.
What is the significance of knowledge as a basic human good according to Finnis?
Knowledge is significant because denying it as a good undermines the very basis of the argument, as the denial itself requires knowledge.
What does the principle of integral human fulfillment guide individuals to do?
It guides individuals to choose, desire, and bring about outcomes essential to human fulfillment by pursuing the basic goods.
What does Finnis say about the limitations of legal positivism?
Finnis argues that legal positivism fails to appreciate law as an inherently purposive institution, which leads to a blindness regarding the value of positive law. He believes that understanding the purpose of law reveals its broader link to morality and justice.
How many basic requirements of practical reasonableness does Finnis identify?
Finnis identifies 9 basic requirements.
How does Finnis describe the relationship between basic goods and inclinations?
Finnis states that while the pursuit of basic values is supported by natural inclinations, some inclinations, like selfishness and cruelty, do not correspond to any basic value.
What is the basic drive that corresponds to the value of knowledge?
The basic drive that corresponds to the value of knowledge is curiosity, leading us to prefer true beliefs over false ones.
What is the third basic aspect of human well-being according to Finnis?
The third basic aspect of human well-being is play, which is engaging in performances enjoyed for their own sake.
What are some absolute human rights according to Finnis?
The right not to have one’s life taken directly as a means to any further end, the right not to be positively lied to in expected factual communication, the right not to be condemned on knowingly false charges, the right not to be deprived of one’s pro-creative capacity, and the right to be taken into respectful consideration in assessments of the common good.
What is the principal concern of a theory of natural law according to Finnis?
To explore the requirements of practical reasonableness in relation to the good of human beings living in community, addressing problems of justice, rights, authority, law, and obligation.
What is the first principle of practical reason according to Finnis?
'Good is to be done and pursued, and evil is to be avoided.'
What does Finnis fail to clarify about law?
He does not provide a clear definition of what makes law 'Law' or what law is in an unambiguous manner.
What does the term 'life' include in Finnis's view?
In Finnis's view, 'life' includes bodily health, freedom from pain, and the transmission of life through procreation.
What does 'integral human fulfilment' refer to in the context of moral principles?
It refers to the good of all persons and communities, not individualistic self-fulfilment.
What reasons does Finnis provide for maintaining private property?
Finnis argues that private ownership supports personal autonomy in community and that resources are more productively exploited by private enterprise.
What does Finnis argue about the countless objectives and forms of good?
Finnis argues that although there are many varieties of good, they are all variations or combinations of one or more of the seven basic goods.
What is the first basic value corresponding to the drive for self-preservation according to Finnis?
The first basic value is the value of life, which signifies every aspect of vitality that enables a human being for self-determination.
What does Neil McCormack suggest about natural law theory in relation to Finnis's Restatement?
He suggests that it requires us to abandon our caricature version of what a natural law theory is.
What does Finnis argue about the relationship between natural law and morality?
He argues that natural law does not require a belief in morality in the sense of observing rational principles of behavior.
What does Finnis mean by 'pre-moral' in relation to basic goods?
Basic goods are considered pre-moral because they come before what is deemed to be right and wrong.
What does 'Lex iniusta non est lex' imply about unjust laws?
It implies that an unjust law is not a true law and does not deserve moral respect.
What is the relationship between law and basic goods according to Finnis?
Law is seen as an aspect of the basic goods, but also as an instrument that is logically prior to human flourishing.
How is play characterized in Finnis's theory?
Play is characterized as having its own value, being distinguishable from serious contexts, and can be solitary or social, intellectual or physical.
What is the relationship between positive law and the common good in Finnis's theory?
Positive law is seen as an instantiation of the common good and provides reason for action in conformity with its prescriptions. It is necessary but not sufficient for the flourishing of the community, which also requires the fulfillment of general principles of justice.
What are the characteristics of basic goods according to Finnis?
Basic goods are objective, self-evident values that every reasonable person must agree to as objects of human striving.
Why are the seven basic goods considered 'self-evidently good'?
They are considered self-evidently good because they have intrinsic value and do not require proof to be accepted as good.
How do all human societies view the value of human life?
All human societies show a concern for the value of human life, generally accepting self-preservation as a proper motive for action and prohibiting killing without justification.
Why is the common good important in Finnis's theory?
The common good requires a legal system to govern relations between persons in the community.
What is the First Moral Principle identified by Finnis?
The First Moral Principle commands individuals to choose and will only those possibilities that are compatible with integral human fulfillment.