Comparison of Finnis & Raz's arguments Flashcards
Raz on the moral force of law
There may be prudential reasons for obeying law (eg sanctions) but law has no moral force unless it is good. Obligations pertain only to moral matters
Finnis on the moral force of law
There is a moral obligation to obey law because of law’s seamless web - it binds people, has coordinating role
Raz: Why it’s dangerous to unthinkingly obey law
No thought as to moral content - do we not murder just because the law says so
Similarities between Raz and Finnis on where morals are derived fromn
Intuition, look inside yourself, self-evident
Differences between Finnis and Raz’s accounts of molrality
Finnis: fixed, pre-existing, society is a way for us to follow morality. Raz: not fixed, product of society “nothing can be a substantive good without society”
Raz on self-interest and morality
Problem is that people think that self-interest is a natural concern, whilst concern for morality is not. We don’t pursue an object without an inherent belief that pursuit of that object is good.