Finnis (Has a List Fetish) Flashcards
How is Finnis like?
- He loves lists. He likes making links betweens lists to explain his idea.
- [7 FUNDAMENTAL GOODS FOR HUMANKIND] → one of these is practical reason → [9 REQUIREMENTS FOR PRACTICAL REASON] → thus a legal system must facilitate this → [FEATURES OF A LEGAL SYSTEM]
- aka: why we do things → what we must think about when doing these things → how the legal system should help us in achieving these things.
What are the 7 Fundamental Goods for Humankind?
Aka: why we do things
- Life
- Knowledge (for its own sake)
- Friendship and Sociability
- Play (for its own sake)
- Aesthetic Experience
- Practical Reasonableness (this is important)
- Religion (a connection/participation w the orders that transcend individual humanity)
- claims it is obvious these goods are basic
- cannot be derived from Gods Law/inclinations of human brain but if you deny you cannot get anywhere in the realm of practical reason
What is Practical Reason?
The ability to reason correctly about what is best for yourself, and to act on those decisions.
9 Requirements for Practical Reason?
(you will probably never be able to remember all of them word for word so here are some hints:
- whole
- tradie
- priorities
- overview
- insanity
- effectiveness
- sacrifice
- communal
- self
The WHOLE TRADIE org prioritised, in their OVERVIEW, the concept of INSANITY.
Because they believed that EFFECTIVENESS was key and planned to SACRIFICE ,in a volcano, one of their COMMUNAL sheep to save themSELFs?
- You should view your life as a whole, and not live moment to moment.
- You naturally have to prioritise certain goods over others (e.g. an academic would prioritise knowledge higher than a tradie), but you should always do so with good reason. You should never arbitrarily discount one of the basic goods.
- Basic goods apply equally to all people. You can be self-interested to the extent that you are in the best position to look after yourself, but you should always take into account the good of others.
- You should make sure that you do not become obsessed with a particular project, and keep the perspective that the project is a participation of a basic good.
- You should actually do projects and make an effort to improve – don’t just sit around or repeat old habits
- You should calculate and plan your actions so that they are the most efficient (in a utilitarian sense) and do the most good.
- You should never commit an act that directly harms a basic good, even if it will indirectly benefit a different basic good. For example, you should not kill even if it will indirectly save more lives later.
- You should foster the common good of the community.
- You should act according toyourconscience and practical reason, not the authority of someone else.
How does practical reasonableness translate to the legal system?
- Authorities are in charge compromising between coordinating society effectively and grating people the ability to pursue their own ends in the manner they choose
- Results in law being morally necessary for society. (some directly promote the basic goods, others just give people the choice & facilitate them)
- ‘Good’ means= basic goods + accordance to practical reason
What are the features of a legal system that is in accordance with practical reasonableness?
- Prospective, not retroactive
- Possible to comply with
- Promulgated
- Clear
- Coherent
- Stable enough that people can use the law as a guide
- The making of new laws should be guided effectively within the legal system
- People who have authority should be
A. Accountable
B.Consistent and acting in good faith
How does the law tie in with morality? (Moral Force of the Law)
“Luke go find your daddy”
I ought to pursue the basic goods
→ Society needs to coordinate in order to best achieve the basic goods
→ The law is an effective way of coordinating society this way
→ Therefore: I ought to obey the law.
Finnis: Law and Morality
• Does he believe “lex injustia non est lex”?
• what does he see as the primary purpose of law?
• what happens if there is an immoral law?
- he doesn’t believe the lex thing.
- primary concern: discerning a system of common good + determining how legal system can best achieve that.
- immoral law: Has only legal obligation. (rejects “effective way of coordinating society component) and thus is only legally valid (to avoid sanction) but not morally
- thus they are not laws to the “fullest sense”, so judges shouldn’t use them for creating reasons to apply them without modification in legal disputes.
What are some critics of poor Finnis’ ideas?
- Also morally important to ensure law is stable. If something is immoral, people still have to do it and police have to enforce it for the sake of… morality?
- Critic: Finnis doesn’t descibe what laws are, just what they should be. Some advise using Kelsen’s premise that laws are normative statements to decipher: Natural law are a set of correct normative statements. (however should one be able to infer this without Kelsen’s theory?)
