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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' 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.
What is the foundational relationship between human goods, practical reasonableness, and the legitimacy of legal systems? John Finnis, a prominent legal philosopher, utilizes this work to provide a comprehensive restatement of natural law doctrine. He argues that descriptive social science is inherently dependent on the evaluations of the theorist, necessitating a robust, critical basis for such evaluations found within natural law theory.
What You Will Find
Legal scholars and philosophers frequently identify this text as a foundational contribution to contemporary jurisprudence. Readers often note the academic density of the prose, which requires careful engagement with Finnis's complex ethical and political framework.
Page Count:
494
Publication Date:
2011-05-26
Publisher:
Oxford University Press
ISBN-10:
0199599130
ISBN-13:
9780199599134