O'Shea_Jack_Essay#1

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Dec 6, 2023

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1 O’Shea Huron University College The Essential Role of Critical Morality in Law: Finnis and Hart’s Insights Jack O’Shea – 251180744 Prof. Lamoureux Philosophy of Law (PHIL 2821F) October 25, 2023

2 O’Shea Within the field of legal philosophy, an enduring and profound debate revolves around the intricate relationship between law and morality. The objective of this essay is to examine the perspectives of John Finnis and H.L.A. Hart. This essay will illustrate the divergent viewpoints, revealing the crucial role that critical morality, as advocated by John Finnis, plays in the development and evaluation of legal systems. While H.L.A. Hart's legal positivism offers an analytical insight into the sociological aspects of law, the argument presented here puts forth that, for the pursuit of a more equitable and morally grounded legal framework, the incorporation of universal moral principles, as advocated by Finnis, holds profound significance. Therefore, by exploring these different philosophical perspectives, this essay hopes to clarify the indispensable nature of critical morality in forming the framework of law and underscore the lasting significance of integrating universal moral principles that apply to all people into the design of legal systems. John Finnis is a renowned legal philosopher known for his contributions to natural law theory, which highlights the relationship between law and morality. Finnis argues that law and morality are intimately connected. He believes that the essence of law involves a moral component. For Finnis, the law is not merely a set of rules and commands; it is a system that should uphold many basic moral principles. These principles, according to him, are based on the nature of human beings and their innate morality. As a result, he sees law as an instrument for promoting the common good and human flourishing. Finnis argues that “actions, practices, etc., are certainly influenced by the “natural” causes …” (Culver et al. 41-62). At the core of Finnis's philosophy is the idea of natural law. He asserts that there are objective moral principles that can be discerned through reason and rational reflection on human nature. These principles are not subject to arbitrary human preferences but are rooted in the fundamental aspects of what it means

3 O’Shea to be human. Finnis reinforces this when he writes, “The actions, practices, etc., can be fully understood only by understanding […] their significance or importance, as conceived by the people who performed them.” (Culver et al. 41-62). The idea of practical reasonableness is central to Finnis's philosophy. It alludes to the human capacity for rational decision-making and moral judgment. According to Finnis, individuals can reason about what is morally right and wrong, and this capacity should guide their actions and be reflected in legal norms and decisions (Culver et al 41-62). Law, according to Finnis, should be based on practical reasonableness and serve as a framework for individuals to make morally sound choices. “In order to know whether our decisions are practically reasonable or not Finnis has given nine requirements of practical reasonableness” (Sarma). Thus, like critical morality, we use reason to evaluate our decisions. Finnis is critical of legal positivism, a rival theory that separates law from morality. He argues that legal positivism fails to account for the moral dimension of law and reduces it to mere social facts. On the other hand, Finnis maintains that morality and law are inseparable, and that morality should be based on human nature and reason. In his Basic Requirements of Practical Reasonableness, Finnis emphasizes this. The central notion of Finnis's philosophy is that morality and law are intertwined, with moral principles drawn from reason acting as the cornerstone of just legal systems. His natural law theory places a strong emphasis on the advancement of human flourishing and the common good as the main goals of law. For Finnis, critical morality is fundamental to the goal and operation of a fair legal system, not merely a desired feature of the law. H.L.A. Hart was a prominent legal philosopher known for his work on legal positivism, which is a theory that distinguishes law from morality and emphasizes the importance of social and institutional aspects in understanding law. One of Hart's central arguments is the separation

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