Finnis' Natural Law

Question 1

John Finnis’ development of natural law
1980s

Answer 1

John Finnis developed a modern version of natural law (NL), identifying seven basic goods essential for human flourishing: life, knowledge, friendship, play, aesthetic experience, practical reasonableness, and religion. He distinguished between theoretical and practical reason, outlining principles to guide moral action, such as promoting the common good and acting in accordance with conscience. Finnis argued that human law is crucial for applying these goods universally, with governments ensuring practical reasonableness. Despite criticism for his Catholic views on issues like homosexuality and marriage, Finnis emphasized that natural law is universally applicable and does not require metaphysical or religious governance. His focus was on creating a legal system that supports moral principles, with religion playing a secondary role.

Question 2

Link between Finnis, Plato, Aristotle and Aquinas?

Answer 2

Finnis’ natural law builds on Plato, Aristotle, and Aquinas, but with key differences. He rejects Aquinas’ divine law and teleological view of the afterlife, instead focusing on Aristotle’s idea that the good life aims at flourishing (eudaimonia) and social well-being. For Finnis, the role of ethics is to identify the basic aspects of well-being, guided by practical reason. He acknowledges the influence of all three philosophers: Plato’s justice, Aristotle’s practical reasoning, and Aquinas’ primary precepts, which Finnis adapts into basic goods. Finnis argues that these goods are self-evident truths, known through reason, and not derived from speculation. He emphasizes practical reasoning, a process of using intelligence to identify moral actions, as central to his version of natural law.

Answer 3

Finnis distinguishes practical reasoning from theoretical reasoning. Practical reasoning involves applying knowledge of basic goods to achieve eudaimonic well-being, focusing on “what we ought to do.” It is normative, aiming for ethical action. In contrast, theoretical reasoning is concerned with facts and explanations, focusing on knowledge about the world rather than moral obligations. Finnis critiques earlier natural law theories for blurring this distinction and argues that moral duties do not derive from empirical observations (the naturalistic fallacy). Instead, they arise from practical reason, grounded in self-evident basic goods, which avoids the error of deducing “ought” from “is.”

Question 4

quote from stanford?

Answer 4

“Theoretical reason tries to assess the ways things are; practical reason decides how the world should be and what individuals should do.”

Question 5

Quote from Lamont?

Answer 5

“Practical reason aims at realizing the good, and that activity terminates in action rather than belief.”

Question 6

Development of the 7 basic goods?

Answer 6

Finnis outlines seven basic goods: life, knowledge, friendship, play, aesthetic experience, practical reasonableness, and religion. These goods are self-evident, distinct from one another, and equally important, though one may be more relevant in certain situations. The pursuit of these goods is not teleological; instead, individuals participate in each good through ongoing actions and commitments. For example, knowledge is not pursued as an end goal but is valued for its inherent worth.

Question 7

Life?

Answer 7

Finnis’ concept of “life” expands on Aquinas’ precept of self-preservation to include all aspects of vitality, such as bodily health, survival instincts, medicine, and mental well-being. While procreation is part of this, Finnis separates it from sexuality, mating, and family life, which he treats as a distinct anthropological cluster.

Question 8

Finnis distinguishes between two types of knowledge

Answer 8

Finnis distinguishes between two types of knowledge:

Intrinsic Knowledge: Sought for its own sake, valued for being self-evidently good.
Instrumental Knowledge: Pursued to achieve a specific objective or end.
He makes several key observations about knowledge:

Not all investigations are of equal value.
The value of knowledge is subjective and varies between individuals.
Knowledge is not the only good and isn’t a universal pursuit for everyone at all times.
It’s an intrinsic good, desirable for its own sake, but not a moral obligation.
Knowledge helps guide human activity, making it intelligible and leading us to practical reasonableness—applying knowledge in real life.

Question 9

Play

Answer 9

Play is engaging in activities that are enjoyed for their own sake, without any external purpose. It includes hobbies, arts, and skills, and can take various forms such as individual, social, physical, or intellectual play.

Question 10

Aesthetic experience

Answer 10

Aesthetic experience, while related to play, involves appreciating objects or natural beauty and creating an inner experience. Unlike play, which is driven by personal action, aesthetic experience can occur simply through passive appreciation.

Question 11

Friendship

Answer 11

For Finnis, friendship goes beyond sociability. While we interact daily to meet basic needs, true friendship is selfless, focused on the wellbeing of others. It is the highest form of sociability, where individuals act for the benefit of their friends, prioritizing their needs over their own.

Question 12

Practical reasonableness

Answer 12

Practical reasonableness involves using experiential, real-life knowledge, not just theoretical learning. It is the ability to apply past experiences, lessons, and reflections to make wise, well-informed decisions in future situations.

Question 13

Quote from finnis ?

Answer 13

Finnis: “The good of practical reasonableness structures our pursuit of goods.”
essentially it is the key to the healthy and balanced management and application of basic goods in the real world

Question 14

Religion?

Answer 14

For Finnis, religion is a basic good linked to an awareness of a cosmic order. He argues that Natural Law is philosophically sound when grounded in religion, though it can also be applied in a secular context, as long as there is a recognition of a cosmic order. Religion, in this sense, revolves around understanding human life in relation to the cosmos and ultimate questions, like the role of human freedom and its connection to something greater. The focus is not on specific answers, but on the significance of these questions themselves.

Question 15

Quote from Greenwalt?

Answer 15

Greenawalt: “Belief in natural law is strongly correlated to belief in God… natural law theorists have consistently asserted that individuals can discover the natural law independent of their religious beliefs.”

Question 16

9 requirements

Answer 16

Finnis outlines nine requirements of practical reasonableness, which provide the structure necessary for ethical participation. These requirements are not about randomly doing good or achieving the greatest good for all, but rather about following a structured approach to ethics that enhances human well-being and maximizes life’s potential. They ensure that individuals can engage meaningfully with all aspects of life and contribute to their own flourishing.

Question 17

1st requirement

Answer 17

The first requirement is having a coherent life plan, which means viewing life as a whole and focusing on what is truly wanted—living in accordance with basic goods. This involves setting clear goals, managing impulses, and directing energy toward meaningful pursuits.
Finnis: “It is unreasonable to live merely from moment to moment following immediate cravings and adjust drifting.”

Question 18

2nd requirement

Answer 18

The second requirement, “No Arbitrary Preferences Amongst Values,” means not neglecting or overvaluing any of the basic goods. While it’s acceptable to prioritize certain goods at times, this should be done with clear justification, ensuring balance and thoughtful consideration based on circumstances.

Question 18

3rd requirement

Answer 18

The third requirement, “No Arbitrary Preferences Among People,” emphasizes that basic goods apply equally to everyone. Finnis highlights the importance of being aware of others while focusing on oneself, as self-awareness enables us to help others. He compares this to the Christian golden rule: “Do unto others as you would have them do to you” (Matthew 7:12).

Question 19

4th + 5th requirement?

Answer 19

The 4th requirement, detachment, emphasizes maintaining perspective and avoiding obsession with any single project. It is about seeing each goal as part of the bigger picture, preventing fanaticism. The 5th requirement, commitment, calls for focused effort and dedication to goals, but in balance with detachment. This balance ensures a healthy approach, avoiding both fanaticism and indifference.

Question 20

6th requirement?

Answer 20

The sixth requirement, “The Limited Relevance of Consequences: Efficiency Within Reason,” stresses choosing the most efficient moral response while acknowledging the difficulty of predicting consequences. Finnis suggests prioritizing human goods over animal welfare and basic human needs (e.g., life) over instrumental goods (e.g., property). It is traditionally reasonable to minimize harm, preferring less harmful actions like stunning over wounding, and wounding over death.

Question 21

Quote from Finnis?

Answer 21

Finnis: “The basic values and the practical principles expressing them are the only guides we have. Each is objectively basic, primary, and incommensurable (can’t replace each other) with the others in point of objective importance.”

Question 22

7th requirement: never harm a basic good

Answer 22

Finnis categorizes actions based on their impact on basic goods:

Actions that directly promote a basic good.
Actions that promote a basic good but indirectly harm another.
Actions that harm a basic good but indirectly promote another.
Actions that directly harm a basic good.
Finnis argues that we should aim for category 1, but acknowledges unavoidable side effects. He ranks category 2 above 3, but considers category 4 unjustifiable. While this framework helps assess actions’ impact on basic goods, Finnis does not provide specific criteria for making these decisions.

Question 23

8th requirement: Foster common good in the community

Answer 23

The 8th requirement, “Foster the common good in the community,” emphasizes that promoting the basic goods for everyone supports four key societal elements: justice, human rights, authority, and the law. Finnis argues that prioritizing the common good fosters a cooperative society where these elements thrive.

Question 24

9th requirement: follow one’s conscious

Answer 24

The 9th requirement, “Follow one’s own conscience,” emphasizes that conscience arises from a person’s alignment with the first 8 requirements of practical reasonableness. Finnis argues that moral judgments are guided by an individual’s awareness of basic goods and practical reason, though their application may vary by circumstance. Ultimately, these requirements form the foundation of moral obligations.

Question 25

The common good and the need for authority

Answer 25

Finnis argues that natural law is essential for maintaining a just society and ensuring people act in line with the common good. Laws must promote basic goods and guide citizens away from harmful behavior, especially those with an evil disposition. While societies may apply natural law inconsistently, this does not mean the principles of natural law are flawed. Rather, it shows how societies have attempted, though imperfectly, to align with these ideals.

Question 26

Finnis quote?

Answer 26

natural laws themselves have failed.
Finnis: “It could not be held responsible for the disasters of the human spirit or atrocities of human practice.”