Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

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 an assessment of his central ideas and arguments. John Finnis presents a richly-documented critical review of Aquinas's thought on morality, politics, law, and method in social science. Unique in his coverage of Aquinas's primary and secondary texts and his own vigorous argumentation on many themes, the author focuses on the philosophy (...) in Aquinas's texts, and demonstrates how this interconnects with the theological elements. Professor Finnis shows how Aquinas, despite some medieval limitations, makes clear and profound contributions to present debates. (shrink)

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 ...

Linking theses of Plato, Wittgenstein, and Weber, section I argues that identification of central cases and settling of focal meanings depend upon the theorist's purpose and, in the case of theory about human affairs—theory adequately attentive to the four irreducible orders in which human persons live and act—upon the purposes for which we intelligibly and intelligently act. Among these purposes, primacy is to be accorded to purposes which are, as best the theorist can judge, reasonable and fit to be adopted (...) by anyone, the theorist included. Section II defends the reasonableness of practical and moral judgments, against Michael Perry's ultimately nihilist claims that egoism's challenge to moral normativity has gone unanswered and that “reason for A” does not entail “reason for” anyone else. Section III takes up Steven Smith's suggestion that such subjectivism is encouraged by the talk in Natural Law and Natural Rights of “pursuing goods,” talk which is individualistic and neglectful of persons, inimical to an understanding of friendship, and impotent in the face of egoism. Here as elsewhere the key is to grasp that understanding any basic or intrinsic human good is to understand it as good for anyone like me and thus—since as I instantiate and embody a universal, viz. human being—as a good common to anyone and everyone. Section IV argues that common good gives reason for exercise and acceptance of authority, and for allegiance, even in time of breakdown. Section V argues that natural law theory is no more dependent on affirming God's existence than any other theory is, in any of the four orders of theory, but equally that is not safe for atheists. For, like any other sound theory, it suggests and is consistent with questions and answers about its grounds, in this case about the source of its normativity and of the human nature that its normative universals presuppose and affirm; and the answers are those argued for, too abstemiously, in the last chapter of NLNR and, more adequately, in the equivalent chapter of Aquinas. (shrink)

The Collected Essays of John Finnis brings together 106 papers, including nearly two dozen previously unpublished works. Thematically arranged, the five volumes provide a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century.

For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and practical reason, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, (...) and sexual morality have been a powerful, and controversial exposition of the practical implications of his theory of natural law. The Collected Essays of John Finnis brings together 122 papers. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy - the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the Collected Essays reveal the connections and coherence of the different branches of Finnis' work, showing the full picture of his philosophical contribution for the first time. Covering topics from the nature of divine revelation, the morality of abortion, to the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century. Together with the new edition of Natural Law and Natural Rights, they will be an essential resource for all those engaged with the philosophy of law and broader questions in practical philosophy. (shrink)

Nuclear deterrence requires objective ethical analysis. In providing it, the authors face realities - the Soviet threat, possible nuclear holocaust, strategic imperatives - but they also unmask moral evasions - deterrence cannot be bluff, pure counterforce, the lesser evil, or a step towards disarmament. They conclude that the deterrent is unjustifiable and examine the new question of conscience that this raises for everyone.

The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism.

The essays in Religion and Public Reasons seek to argue for, and illustrate, a central element of John Finnis' theory of natural law: that the main tenets of ...

Subsidiarity, i.e., “the principle of subsidiarity,” i.e., “the principle of subsidiary function/responsibility,” i.e., the principle that it is unjust for a higher authority to usurp the self-governing authority that lower authorities, acting in the service of their own members, rightly have over those members, is a presumptive and defeasible, not an absolute, principle. But it excludes any general policy or aim of assuming the control or managerial direction of lower groups. Its deepest rationale is the intrinsic desirability of self-direction, a (...) good that is to be favored and respected even at the expense of some efficiency in the pursuit of other goods. Though arising out of Aristotelean moral and political theory, it denies or strongly disambiguates a cardinal principle of Aristotelean political theory. It is reflected in the work of Aquinas, Taparelli, Mill and Maitland, before its articulation by Pius XI. (shrink)

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.

Discusses Catholic teaching about homosexuality. Explains the philosophical rationale for that teaching. Argues that homosexual activity is wrong, along with all other non-marital sexual activity, because it undermines the goods of marriage.

The concept of co‐ordination problems helps solve the problem of authority and obligation in legal theory, but only if the concept is carefully distinguished from the game‐theoretical concept of co‐ordination problems and their solutions. After explaining the game‐theoretical concept, the author defends its application to legal theory by reviewing the exchange he has had with Joseph Raz about the authority of law. Extending that debate, he argues that criticisms from Raz and others miss the point of the co‐ordination thesis; its (...) primary benefit is that it illuminates the source of law's moral authority in the way law enables individuals to co‐ordinate their actions for the common good without imposing a national common enterprise upon them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:OBJECT AND INTENTION IN MORAL JUDGMENTS ACCORDING TO AQUINAS JOHN FINNIS U'flkueTBity Oollege Unwersity of Oa:ford INTENTION IS OF END, choice is of means. A human aict ~s specified by (and s? is co.rrect:ly describe~ in terms of) its end. A human act IS specified by (and so Is correctly described in terms of) its object. An a:ct which is bad by reason of its object cannot be (...) justified by its end (its: good intention ). A human a:ct is specified by (and so is correctly described in iterms of) its intention.... Such a sequence of statements of St. Thomas ought to leave an impression of confusion. That impression would be heightened by the traditional representation of his analysis of acting in a schema of 12 terms signifying a sequence of psychological acts involved in willing and doing something. For in this analysis, intention seems to precede ·deliberating, judging, and choosing, and so, as deliberating, judging, and choosing often present themselves to consciousness distinctly, intention is presented in this analysis as if it were a distinct content of consciousness. When intention is so conceived, iit becomes possible to imagine that one can, so to speak, choose to direct (an) intention to or withhold it from the various aspects of one's chosen behavior, e.g. it.hose consequences which one foresees and welcomes or those one chooses to bring about onJ.y with regret. To some contemporary moralists, such approving or regretting of consequences is precisely what engages or disengages one's will and thus one's responsibility; what Christians or Jews used to regard as immoral can be uprightly done if done merely as a means to good ends and only with reluctance, I JOHN FINNIS regret, disapproval, i.e. if in no way approved or adopted as an end, i.e. if not really intended.1 Other modern moralists deny that one's responsibility for consequences of deliberate behavior can be so dependent on an inner ruct of intending (as distinct from the choosing and doing) ; they judge one responsible for everything one deliberately and with foresight causes.2 So they too reject the " doctrine " of double effect which Christian moralists had articulated as a development or codification of the elements of St. Thomas's discussion of self-defense, a disoussion whose first premise is that a human ad is specified (i.e. identified for the purposes of moral assessment) by its intention. Today there are other moralists again who combine the two foregoing lines of thought: they reject the doctrine of double effect as giving exaggernted importance to choice (means) over intention (end); one should take into account alil foreseeable consequences of one's chorce and ensure that it is likely to have a greater proportion of good than of bad consequences, and one must never approve (intend) any bad consequences -one may never deliberately cause them as ends hut only as means, means which one deliberwtely causes, not for their own sake, hut only for the sake of those proportionately greater good (or less bad) consequences which one does intend.8 1 Cf., e.g., Richard McCormick, S.J., "Medicaid and.Abortion," Theological Studies 45 (1984): 716-717. 2 Cf. Bruno Schueller, "The Double Effect in Catholic Thought: A Re· evaluation," in McCormick and Ramsey, Doimg Evil to Achieve Good (Chicago: Loyola University Press, 1978), 191: "... 'intend as a means' and 'permit', when referring to a non-moral evil, denote exactly the same mental attitude." Schueller, "La moraliM des moyens," Recherches de Science Religieuse 68 (1980) : 211 (causilng moral evil is never justified, causing non-moral evils is justified in pursuit of non-moral good of corresponding importance); 221· 2: "pour tous les biens dont la possession contribue au bien-etre de l'homme... [q]uoi que l'on choisisse... les consequences negatives qui resultent du choix sont un pur moyen en vue des consequences positives qui en resultent." s Cf. K.-H. Peschke, "Tragfaehigkeit und Grenzen des Prinzips der Doppelwirkung," Studia Moralia 26 (1988): 110-112, where Peschke states the "principle of double effect" (which he ascribes to Catholic theology and attacks ) in terms not of what is directly or... (shrink)

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.

The goals of vascular composite allotransplantation for hand are to maximize functional status and psychosocial wellbeing and to improve quality of life. Candidates are carefully vetted by transplant programs through an extensive evaluation process to exclude those patients with contraindications and to select those that are most likely to attain functional or quality of life benefit from transplant. Patient choice for any treatment, however, requires that candidates be able to understand the risks, benefits, and alternatives before choosing to proceed. This (...) study aimed to understand patients’ knowledge and perceptions about treatment options for hand loss, including hand transplant. This study will be used to inform a standardized education approach and develop conversation aids for use by clinicians and patients throughout the treatment decision process. Ten individuals who had experienced hand amputation or had congenital limb loss were interviewed to better understand previous and current decisions about treatment, experiences in adjusting to their treatment, and perceptions about hand VCA. From this qualitative interview data, four findings emerged: knowledge and education around VCA as a treatment option; adaptation of individuals with limb loss; fear of risk associated with transplantation; issues of aging and overuse injuries to existing limbs. Results suggests that there is opportunity for expanding education about all treatment options for patients with new loss, long-term loss, and congenital limb loss. Establishing a baseline of knowledge about all options–prosthetics, rehabilitative strategies, and VCA—can help patients evaluate their values and goals of treatment. Issues associated with aging, including overuse and injury, and adaptability over the life course should be included in considerations about treatment choices. Data indicate the need for routinely assessing patient preferences about treatment choice so patients can plan for their future as they adapt and age and as technology for treatments change. To assure that thorough information is provided for current and future decision-making, education about treatment choices and selection procedures for VCA should be standardized. (shrink)

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.

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...) on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

Human Rights and Common Good collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; national territory and migrants' and non-citizens' rights; the justification of punishment; and the public control of euthanasia, abortion, and marriage.

The essays in Intention and Identity explore themes in Finnis's work touched on only lightly, if at all, in Natural Law and Natural Rights, developing profound ...

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.

Using a case study from the Kolli Hills, India, I suggest that political ecology provides a useful theoretical basis for considering localized dietary transitions in rural, agricultural communities in developing countries. By examining the reasons for the near-disappearance of local minor millets as staple foods in three small-farmer communities, I argue that an explicit, actor-oriented analysis allows for an integration of food issues with considerations of environmental circumstances, local aspirations, and labor concerns. That is, an agricultural shift that abandons minor (...) millets as a food resource reflects environmental changes and household economic aspirations. Such an analysis has implications for the creation of practical food security projects through the recognition and incorporation of small-farmer experiences, voices, and priorities. This research was undertaken through ethnographic fieldwork, using semi-structured interviews and participant observation as the primary methods. (shrink)

The four kinds of explanation identified by Aquinas at the beginning of his commentary on Aristotle's Ethics are deployed to show that the identity of the human person is sui generis and mysterious, even though each of its elements is more or less readily accessible to our understanding. The essay attends particularly to the explorations by Aquinas and, with different techniques, by Shakespeare of the experience and understanding of one's lasting presence to oneself as one and the same bodily and (...) mental self, and one's self-shaping by one's free choices, especially of commitments. Shakespeare further explores these, quite deliberately, through displays of mistaken identity and humiliating deflations of the personas one constructs for life in society. (shrink)

The essays in the volume range from foundational issues of meta-ethics to the practical application of natural law theory to ethical problems such as nuclear ...