So far I have looked at two theories of physical law. Says that physical laws are descriptive statements made humans, whereas says that law are relations between Universals, and so exist out there in the real world. I want to get a similar contrast within legal law. So far we have, where laws are normative statements made by humans. We can contrast this with a theory of natural law. According to natural law, there are laws that exist out there, that are true whether we know them or not. Microsoft office starter 2010 gratis portugues completo. Natural law has existed as an idea for millennia. I am focussing on the work Natural Law and Natural Rights, a seminal restatement of the doctrine by John Finnis. In this post I will just summarise Finnis’s theory. I also have some criticisms, and an attempt to combine this theory with Kelsen’s theory. John Finnis John Finnis is an Australian legal scholar who grew up in Adelaide before getting a Rhodes scholarship to Oxford. He is currently professor of law at Oxford. Finnis published Natural Law and Natural Rights in 1980, and the book is considered a seminal restatement of the natural law doctrine. Finnis is a practising catholic, and a fair proportion of his work (in NLNR and subsequent articles) deals with the relationship between natural law and Christian/Catholic values. 'Natural Law and Natural Rights' by Finnis, John is a digital EPUB ebook for direct download to PC, Mac, Notebook, Tablet, iPad, iPhone, Smartphone, eReader - but not for Kindle. A DRM capable reader equipment is required. Read Natural Law and Natural Rights by John Finnis with Rakuten Kobo. First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal. The Seven Basic Goods The central object of Finnis’s theory is a set of seven fundamental ‘goods’ for humankind. These goods are: • Life • Knowledge (for its own sake) • Friendship and Sociability • Play (for its own sake) • Aesthetic Experience • Practical Reasonableness, i.e. The ability to reason correctly about what is best for yourself, and to act on those decisions. • Religion i.e. A connection with, and participation with, the orders that transcend individual humanity The basic goods serve as an explanation of why we do things. Any worthwhile activity is worth doing because it participates in one or more basic goods. Other positive qualities, like freedom or humility, are merely methods by which we can achieve one or more of the basic goods. Other motivations for action, such as the pursuit of pleasure or material gain, are misguided and motivated by human inclination rather than practical reason. The Reality of the Basic Goods The statement ‘these are the seven basic goods’ is just as true as the statement ‘there are infinitely many primes.’ The basic goods exist independent of human thought, and so we can put them in ‘reality’ in the same sense that maths lives in reality. The basic goods, of course, do not have physical form. Where do these goods come from? We can distinguish between theoretical reason, which describes what is true, with practical reason, which describes how to act.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |