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Natural Law and Natural Rights (Clarendon Law Series)
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Review
"Finnis's book not only meticulously restores a truly ancient and at times cathedral-like building in need of repair, but also in a very original way endows it with a new meaning by using some freshly developed materials and techniques." -- American Society of International Law Newsletter
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About the Author
John Finnis is Professor of Law and Legal Philosophy at the University of Oxford, and a Fellow of University College. He is Professor of Law at the University of Notre Dame.
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Product details
Series: Clarendon Law Series
Paperback: 500 pages
Publisher: Oxford University Press; 2 edition (May 26, 2011)
Language: English
ISBN-10: 0199599149
ISBN-13: 978-0199599141
Product Dimensions:
9.2 x 1.2 x 6.1 inches
Shipping Weight: 1.9 pounds (View shipping rates and policies)
Average Customer Review:
4.0 out of 5 stars
15 customer reviews
Amazon Best Sellers Rank:
#586,166 in Books (See Top 100 in Books)
Intellectually well written. The only issue I had was the delay in receiving it; but, the USPS where I live is the worse in the country, and I've lived in a few places. Overall, this book is recommend to any serious student in government and law.
The best 20th century exposition of natural law theory.
Great book
Amazing: just what I bought!TKS!
Excellent
John Finnis is one of the school of 'New Natural Lawyers', along with thinkers such as Robert P. George, German Gricez, and others. Natural law was relatively neglected in the 19th and 20th centuries, replaced largely with positivist theories based on the natural sciences that divorced law completely from any 'emotive' issues like ethics and morality.This changed with the revival of natural law theory, particularly in the 1980's. Although natural law has its roots in Greek and Roman philosophical thought, the idea was incorporated into Christian theology. Its most famous exponent was the Dominican scholar St Thomas Aquinas, who dedicated a fair portion of his first Summa to natural law.The natural law has often been used by the Catholic Church to articulate and defend its teachings on moral issues, from giving workers the right to a fair wage and private property to the ban on artificial contraception. Violating these norms breaches the plan of the creator, hence the natural law provides a framework in which to judge moral actions in an evaluative manner.Unfortunately natural law theory has many weaknesses, and the main one with the Catholic version is its inherent sectarianism. Why should a rational person for example, choose Catholic natural law instead of Islamic shariah or the law of an Aboriginal tribe? Aren't all equally 'natural?' How can we tell which one is better? The appeal to God inherent to Catholic natural law thinking will also be repellent to atheists and agnostics, who are by no means a small number in contemporary society.Although he is a devout and conservative Roman Catholic (and admits it), Finnis admirably tries to establish a non-sectarian theory of natural law than can be used by an intelligent person as the basis for jurisprudence. Finnis does this by constructing his theory around seven 'basic goods' which every person of goodwill can recognise, including friendship, the right to life, and so on. Finnis goes into considerable detail and does his best to argue his theory without resorting to purely religious or polemical arguments derived mindlessly from church documents, a mistake many lesser thinkers than Finnis engage in.Depending on your sympathies, Finnis's theory fortunately (or unfortunately) produces conclusions remarkably similar to the official teachings of the Catholic church, whether in sexual morality or on economic issues. This is where Finnis runs into trouble, and this is a problem that occurs in many of his papers and books - he claims to be establishing a rational theory of morality, law and political order that can appeal generally to all, whether or not they have religious beliefs, but all too often Finnis falls into the vicious circle of assuming the truth of what he sets to prove - in other words, a purely secular and rational theory of natural law should lead to exactly the same conclusions as those of the Catholic church, and very conservative ones at that (i.e. contraception is never permissible, homosexuality is always wrong, abortion is always wrong, etc). One can't but help feel Finnis in the end is selling himself simply to be an apologist for the Catholic Church, even for some of the more questionable views like the very negative ones about homosexuality. This impression is reinforced when one reads the collection of papers and addresses (many of which were previously unpublished) by Finnis that were recently released which clearly show his very conservative 'traditionalist' Catholic views on various issues, including the neuralgic ones of the 'culture' wars. Astute critics of Finnis like Nicholas Bamforth have rightly picked this up and showed this glaring flaw in Finnis's work.Even so, Finnis deserves credit for producing a fine work of legal philosophy. He is clearly a thinker of first rank and deserves to be taken seriously. Natural law and natural rights is arguably the best restatement of natural law theory in the contemporary setting and well worth considering carefully.
The first 200 pages of 'Natural Law & Natural Rights' is impressive, insightful and compelling. However, the last 210 pages amounts to a long and tedious venture. Finnis can write beautifully at times and convey his argument with artistry and cleverness. However, he can also drone on in tedious fashion to the point where reading becomes a chore, and one can contemplate simpler ways a verbose sentence could have been articulated. Unless you are a serious student, I would recommend one of Finnis's shorter works or commentaries on practical reasonableness.
Finnis's background is that of a lawyer and legal philosopher, and so this book is ostensibly a contribution to philosophy of law, but in effect it is a wide-ranging treatment of ethical and political theory aimed at supporting a broadly Natural Law conception of the foundations of law. Finnis's starting point is a teleological but anticonsequentialist ethical theory originally developed by Germain Grisez. Grisez, and following him Finnis, attempt to combine the Aristotelian insight that human actions are fundamentally directed toward realization of or participation in certain human goods, with the Kantian (and traditionalist Catholic) position that certain actions are never morally permissible, no matter what human goods may be achieved by doing them. The justification for this restriction lies in the "incommensurability" of multiple human goods: because goods cannot be commensurated, it is never rational to say that acting against a certain basic good is justified by the overall "better" effect of doing so. This moral principle supplies a justification for certain specific political rights (e.g., the right of innocents not be killed) and so for certain (not all) rights protected in e.g., in the American Bill of Rights.Finnis's political philosophy is based on the necessity of political communities for the realization of certain kinds of human good, which in turn is the basis for the justification of political authority and of law in particular.The foregoing is a very brief and selective sketch of a theory that Finnis develops in great detail over the course of the book's ten central chapters. Although much of Finnis's theory is necessarily controversial--especially his account of the incommensurability of goods--the book offers a subtle, rich, and I think largely compelling alternative to purely consequentialist and purely deontological theories of law and political morality. Finnis's work clearly comes out of a specifically Catholic intellectual tradition, but I think this book can be profitably read by a much wider audience. Finnis never relies on specifically Catholic (or Christian, or religious) doctrine, and he seems to have intentionally focused the discussion away from specifically Catholic moral controversies.The book presupposes some familiarity with moral and political philosophy, e.g., Aristotle's _Ethics_ and modern consequentialist theories. Familiarity with Aquinas will reveal some of Finnis's influences but I doubt such familiarity is strictly necessary to understand what Finnis is saying. Certainly the book's arguments stand (or fall) on their own merits, without appeal the authority of Aquinas.
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