Critique Of John Mitchell Finnis's Natural Law Theory

Throughout this paper, I will contrast and compare two moral theories in attempt to uncover what one provides a better argument and can be applied as a universal moral code. The two moral theorists Immanuel Kant and J.S Mill have created two distinctly different theories on morality and how to develop a universal moral code. Both theories focus on intentions and consequences. Kant believes that the intentions and reasons of our actions can be measured and defined as morally correct, where as Mill believes that our intentions really play no role in morality, and that we should focus on the consequences and outcomes of our actions to evoke the most happiness for the most people. Even though both philosophers make incredibly different

PHL 612 Philosophy of Law [Calendar Description]: What is law? What makes something a legal norm? Should

The foundations of law have been set in the ideas of natural laws that are given to us. There are many different theories on how our laws of nature have brought us to develop the social contracts and government of today’s society. John Locke and Saint Thomas Aquinas’s views of how social contracts are developed from natural and eternal laws are both well seated in the belief of God given rights, but differ in the politics of the governments.

We believe that Gilligan’s distinction between a morality of care and a morality of justice is a distinction held in the minds of all human beings… However, these two senses of the word moral do not represent two different moral orientations existing at the same level of generality and validity. We see justice as both rational and implying an attitude of empathy. It is for this reason that we make the following proposal: i.e. that there is a dimension along which various moral dilemmas and orientations can be placed. Personal moral dilemmas and orientations of specials obligation, as we have just discussed them, represent one end of this dimension and the standard hypothetical justice dilemmas and justice orientation represent the other end (Kohlberg, Levine, and Hewer,

In a world in which people have fundamental disagreements regarding the substance and purpose of human existence and what constitute ‘the good life’, it is a question how should human rights be installed within a nation’s legal system. This essay argues that because we cannot ascertain without doubt what human’s nature is, and in order to prevent atrocities as those in the Second World War: all humans should enjoy, as members of the human species, fundamental rights to secure their existence. Hence, within a nation’s legal system, those are known to be civil rights. Further, political rights should be ensured firstly to the citizens of that nation, but, due to the rapid globalization and the growing fluidity of boarders (for example in Europe)

He believed that in order to understand law, one must first realize what law’s purpose is. He, like Thomas, argued that law’s purpose it to benefit society by creating a morally sound order to human action and conduct. He detailed seven goods that he believed to be intrinsic and universal, and argued that laws should be enforced under the stipulation that they adhere to the enhancement of these goods, because they are what determines a fulfilling life. They are: life, knowledge, play, aesthetic experience, sociability, practical reasonableness, and religion. The goods that relate to the thesis of this paper the most are knowledge and sociability, as the result of the case has a direct benefit on them and is, therefore, moral and legitimate. Legal positivists, however, disagree that morality has any place in determining what legitimate law is.

Classical utilitarianism is a normative ethical theory which holds that an action can only be considered as morally right where its consequences bring about the greatest amount of good to the greatest number (where 'good' is equal to pleasure minus pain). Likewise, an action is morally wrong where it fails to maximise good. Since it was first articulated in the late 19th Century by the likes of Jeremy Bentham and later John Stewart Mill, the classical approach to utilitarianism has since become the basis for many other consequentialist theories such as rule-utilitarianism and act-utilitarianism upon which this essay will focus (Driver, 2009). Though birthed from the same

THE DIFFERENCE BETWEEN NATURAL LAW AND LEGAL POSITIVISM This essay is going to discuss and analyse the differences between two basic principles- natural law and legal positivism. According to Hume, there are two realms of human enquiry , one in the field of facts which is concerned with what ‘ is ‘ actually the case and the other in the field of ‘ought’ that is, what ought to be the case1. Those who believe in the principle of natural law are known as naturalists while those who believe in the principle of legal positivism or ‘positive law’ are known as positivists. This is a brief overview of the two principles of

The contrast between Natural Law and Legal Positivism is a necessary starting point for those who wish to understand the relationship between law and morality, and the most varied manners in which it influences society to this day. When it comes to analyzing which theory offers the most well-rounded idea of law, one can argue that Legal Positivism provides the best definition of what law is at its essence. However, because Legal Positivism came to exist as a critique to what was proposed by Natural Law theorists, it is significant that both are explored in depth as means to support such argument.

In James Rachels’ book, The Elements of Moral Philosophy, he expresses ideas within the concluding chapter, “What Would a Satisfactory Moral Theory be like?” that lay an silhouette of every moral approach we have discussed so far and compounding it into a final discussion with a couple of final contentions towards a comprehensive understanding of morality and the approaches we can make as moral guides to make decisions that are virtuous for each class without exception. Rachels’ gives thoughtful perspective on all subjects that we have learned about and makes final accumulations for the way we can decide to use these for our own benefit. While then expressing the virtues we must value for ourselves to have a best plan, and the ways our choices can help others in a positive aspect.

John Finnis, an Australian legal philosopher has tried to resurrect the natural law tradition in moral philosophy and law since the mid-1960s. He tries to offer a "neo-Aquinian" natural law philosophy which does not presuppose a divine being. By focusing attention on goods rather than a single Good, Finnis skilfully articulates what he calls a theory of moral action for our day. Or, in other words, he seeks a theory of how to live well. Finnis identifies a number of equally valuable basic goods or ends, given human nature, there are seven. Three are substantive, existing prior to action and four are reflexive which is depending on our choices.

The next stage involves a critical analysis of the just described theoretical systems. We will explore the factors and influences involved in a chosen Case Study where personal influences are involved. Thereafter, we will look into different approaches a Kantian and a Utilitarian would address the issue and the reasons behind. It will be imperative to understand the actual factors influencing decisions under each of the moral systems identified (Lukas 22).

In Aristotle's Nicomachean Ethics, every point, every major idea, and every argument made, is all connected back to the concept that every action seeks an ultimate good. Aristotle felt that there is an intrinsic good that humans aim for and that there is this "good life" we all mean to have. However, what does it mean to be good? That means something different to everyone; we all inhabit many different roles in our day to day lives, whether we strive to be a good parent, a good sibling, a good student, a good citizen, or a good leader. All emphasize the importance of our own well-being, as well as that of others, and the greater community as a whole. For the purpose of this paper, the focus will

This article discusses the conceptions of legal normativity, both moral and “strictly legal” conceptions. According to Spaak, regarding the normative force of legal justification, legal positivists can still embrace the moral idea and not be in conflict with their generally held belief in the “strictly legal” concept of law. In Torben Spaak’s opinion, there is a reason to desire legal positivism; he explains this through introducing the concept of jurisprudence. When discussing the nature of law, Spaak states, “that while the moral conception is what is likely favored on a smaller scale, the strictly legal conception is more appealing because it is broader,” (478). Spaak is arguing, his belief that “validity-based explanations come nearer to the truth,”(483) rather than belief-based explanations. He concludes that we are to prefer legal positivism over natural law theory. “That is why in this article I have been concerned with the law itself rather than our views about it.”(483)

In this paper, I will propose that it is better to look at whether a law is legally valid or not through the perspective of natural law theory as opposed to positivist theory. My argument consists mostly of the language of “improvement” which can only exist based on the theory of natural law which states that law is something which has an objective truth behind it. Only when there is an objective mark to hit can there be hits and misses and I believe that positivism disregards the possibility of hits and misses entirely. So, my argument is that it makes more sense to consider legal validity of a law from the perspective of natural law rather than positive law because it includes not only the previously set up legal system when considering validity, but it also considers the general idea of some kind of morality as well. A sub argument is that the starting legal system must have had some basis by which to have been created and accepted which must be some form or notion of morality.