2D John Finnis’ development of Natural Law

Question 1

How is Finnis’ view of Natural Law similar and different from Aquinas’?

Answer 1

• Similar: accepted that there is a natural law applicable to all humanity
• Different: Argues that NL’s purpose = to ensure that a person is able to live a worthwhile life and to “flourish”, i.e. est. what is good for humanity; rejects Aquinas’ prim.prec.s ∵ believes that NL is not based on God

Question 2

What does Finnis use instead of primary precepts?

Answer 2

• Basic goods
• They are the basic needs of all humans
• While they are universal, not everyone is automatically aware of them, e.g. a toddler may not understand the need for practical reasonableness; they are known to every educated, mature person
• They are not to be achieved/fulfilled - they are to be participated in
• Other personal qualities, e.g. humility, are methods to pursue the b.g.s

Question 3

How does Finnis show that the basic goods are self-evident?

Answer 3

• By distinguishing btwn theoretical and practical reasoning

• Theoretical reasoning = concerned w/ reasoning truth ∴ more concerned w/ reasoning knowledge, rather than the right action
• Practical reasoning = concerned w/ how to act ∴ more concerned w/ reasoning the right action, rather than knowledge

Question 4

What kind of reasoning does Finnis say that much of our life is based on?

Answer 4

• Practical reasoning, e.g. Ockham’s Razor
• He argues that the basic goods come from practical reasoning and are self-evident - they cannot be proved but we practically know them to be true ∴ not derived from G’s laws

Question 5

List the seven basic goods.

Answer 5

1) Life
2) Knowledge (for its own sake)
3) Friendship and sociability
4) Play (for its own sake)
5) Aesthetic experience
6) Practical reasonableness
7) Religion

Question 6

Elaborate on the basic good of life.

Answer 6

• Covers various aspects, from bodily health to procreation

Question 7

Elaborate on the basic good of knowledge (for its own sake).

Answer 7

• Being well informed

Question 8

Elaborate on the basic good of friendship and sociability.

Answer 8

• Being sociable and acting in the interests of one’s friends

Question 9

Elaborate on the basic good of play (for its own sake).

Answer 9

• Recreation, enjoyment, fun

Question 10

Elaborate on the basic good of aesthetic experience.

Answer 10

• Appreciation of beauty/art

Question 11

Elaborate on the basic good of practical reasonableness.

Answer 11

• Using one’s intelligence to solve moral problems

Question 12

Elaborate on the basic good of religion.

Answer 12

• A connection with the orders that transcend individual humanity (does not mean belonging to an institution)

Question 13

Define the requirements of practical reason.

Answer 13

• Help create the optimum conditions in which to pursue the b.g.s (similar to sec.prec.s)

Question 14

List the nine requirements of practical reason.

Answer 14

1) View life as a whole
2) Prioritise certain basic goods over others
3) Basic goods apply equally to all
4) Do not become obsessed with a particular project
5) Use effort to improve
6) Plan your actions to do the most good
7) Never harm a basic good
8) Foster common good in the community
9) Act in your own conscience and authority

Question 15

Elaborate on the requirement of practical reason: view life as a whole.

Answer 15

• Think long-term when pursuing b.g.s

Question 16

Elaborate on the requirement of practical reason: prioritise certain basic goods over others.

Answer 16

• You should only do so w/ good reason

- e.g. a student should prioritise ‘knowledge’ over ‘play’

Question 17

Elaborate on the requirement of practical reason: do not become obsessed with a particular project.

Answer 17

• If it is not helping you to flourish, get rid of it.

Question 18

Elaborate on the requirement of practical reason: use effort to improve.

Answer 18

• Do activities that allow you to flourish

Question 19

Elaborate on the requirement of practical reason: plan your actions to do the most good.

Answer 19

• Aim to do good and avoid evil

Question 20

Elaborate on the requirement of practical reason: never harm a basic good.

Answer 20

• Never do acts that will harm a b.g. even if it will indirectly benefit a b.g.
- e.g. should not kill your teacher (against b.g. of life) in the indirect hope of getting a better one (pursuing b.g. of knowledge)

Question 21

Elaborate on the requirement of practical reason: foster common good in the community.

Answer 21

• Allow all individuals to flourish

Question 22

Elaborate on the requirement of practical reason: act in your own conscience and authority.

Answer 22

• Only act in accordance w/ practical reason and not the authority of someone else
- e.g. you cannot be forced to pursue a b.g.

Question 23

How do you make decisions using Finnis’ natural law?

Answer 23

• Think reasonably and decide how to pursue the b.g.s in accordance with the 9 req.s (this will be a good act; a bad act is the opposite)
• The 7 b.g.s are equally fundamental ∴ do not exist in a hierarchy (plenty of scope for discretion)
• The b.g.s and req.s specify our overarching moral structure but do not determine the minutiae of everyday life
- However, there are some choices that are wrong, e.g. spending all day in bed doing nothing (∴ not pursuing one of b.g.s)

Question 24

What does Finnis mean by the common good?

Answer 24

• Each member of the community can effectively pursue the b.g.s themselves
• Humans naturally tend to live in groups (required explicitly by ‘friendship and sociability’ and implicitly by the other goods)
• We = most productive when wking together

Question 25

Why does Finnis believe that we need authority?

Answer 25

• The best way to achieve the common good = for the whole community to do good acts, rather than just specific people
• Such community-wide actions require coordination, which, in turn, requires authority
• One of the strongest and most effective sources of authority = rule of law ∴ it is a morally necessary component of society
• Some laws directly serve b.g.s (e.g. law against murder)
• Other laws create a stable society in which ppl have the freedom + ability to pursue the b.g.s
• The authors of the law need to create a ‘morally good’ legal system that supports the b.g.s
• If you accept a legal system, you support the pursuit of b.g.s and you have an obligation to obey every law
∴ you have your standard legal, but also moral, obligation to respect and obey the law