EDUQAS ALEVEL RS ethics 2D Development of Natural Law By John Finnis

what does Finnis focus on

the concept of the natural good

who is John Finnis

He is an Australian legal scholar who is a practicing Catholic and law professor. h published a book with the aim to provide natural law to a modern day secular world, going against aquinas' natural law which was backed by religion.

why did Finnis develop an ethical theory

he asked 'what constitutes a worthwhile and a valuable life?', finnis knew that he would not be able to get over Hume's is/ought problem where you can't decide the values from facts, so instead Finnis tried to demonstrate that there are basic human values that make life worthwhile. He grounds it in jurisprudence, he wants it to be used in legal systems and makes it universal for everyone religion

what does Finnis' natural law assume

1. there are goods that are there to be known. These are self evident truths that are undivided and self evident . He calls them pre moral principles of practical reasonableness. These link to Aristotle's ideas of Sophia - greek - wisdom

2. Established NL comes from acting in accordance with reason. He says we are here, using our reason differently from when we use it in science. It is a process of practical reasoning

3. practical reasoning should be applied to uncover NL, some are not as easily able to access this skill

what is Finnis' solution

He called these universal basic values the 'basic goods' and believes that everyone on the planet can recognise the value of the basic goods although they may prioritise them differently. He says that they cannot be derived from God, logic or inclinations of the human brain.

how does Finnis attempt to solve the problems facing natural law

Through development of the seven basic goods (life, knowledge, play, aesthetic experience, practical reasonableness and religion)

- Finnis is quick to point out that his basic goods are not basic human urges and people desire them because they are intrinsically good.

- for Finnis the goal is to set out seven fundamental goods for human kind. Like Aquinas' Primary Precepts (Power)

what are Finnis' basic goods

1. Life: covers all aspects from bodily health to procreation

2. Knowledge: means being well informed, to know about the world around you

3. friendship and sociability: the common good

4. play: skilled performance, recreation enjoyment

5. aesthetic experience: appreciating of beauty and art

6. practical reasonableness: the ability to use your intelligence and reason correctly about what is best for yourself and act on those decisions

7. religion: connection with, and participation with the orders that transcend individual humanity, what does it mean to be human

what are the rules surrounding the basic goods

- any action that Denys them is wrong

- if they contradict its a decision to decide which is preferable

- they are universal for all times and cultures and establish the base for ethical actions

- the goods cannot be reduced to a more basic value

- they are indemonstrable

- they cannot overlap and there isn't one of more power they are all necessary

- they cannot be verified by look at them

- it is possible to deny them but it is straight forwardly wrong to deny them

what is theoretical reasoning

pursue to meet an objective, such as learning to pass and exam. Not knowledge to pursue to make you more well rounded person. It is imperial and a posteriori

what is practical reasoning

figuring out what to do, or reasoning directed toward action or to solve a moral issue

what do you need to get the basic goods

the nine principles of practical reasonableness

what are the nine principles of practical reasonableness

1. see life as a whole

2. no arbitrary preferences amongst values

3. basic goods apply to all people

4. do not become obsessed with a particular project

5. commitment

6. plan your actions to do the most good

7. never harm a basic good

8. act in your own conscience and authority

what does see life as a whole mean

perspective, live life in accordance to the basic goods but only when it directs and focuses on oneself can be achieved.

what does no arbitrary preferences amongst values mean

don't leave out a basic good, there should be a balance between them all and no hierarchy, but someineties you will have to prioritise some over others. He uses the example of the politician who strives for justice but neglects friendship

what does basic goods apply to all people mean

the basic goods apply equally to hall people. You can be self interested in yourself so that you can become the best person but that should not hinder the good of others. They should be participated by all humans

what does do not become obsessed with a particular project mean

we should not become attached to something that if removed would cause our life to fall apart, this goes for how you treat people too, show no aribitury preference between people and treat others how you want to be treated

what does commitment mean

Finnis argues that giving something overriding priority to something can bring about evil consequences, commitment is the middle ground. use effort to improve and make effort to improve in projects, don't sit around and repeat old habits

what does plan your actions to do the most good mean

try to be efficient in our moral choices, the best action is the one that limits the most consequences.

what does never harm a basic good mean

in every moral act all basic values must be remembered, such as you should not kill eve if its saves more lives later. All that we should do should support the basic goods

what does foster the common good of community mean

sense of ownership, collective sense of ownership then justice, HR an d law can be achieved, they have to work in everyones interest

what does act in your own conscience an d authority mean

you should act according to your own conscience and practical reason not the authority of someone else

what is the common good

the good that is collectively shared by a number of people and that is beneficial for all members of a given community. Finnis says that everyone should contribute to the laws of a country to help everyone achieve the common good. He recognises that we are innately social and needs to live in Gropius but we have to put the good of the community above the individual needs. `

Without the common good we would descend into moral chaos so for social cohesion to exist we need to consider others because we would work most productively when we work together.

e.g graffiti stops people gaining aesthetic experiences, speed limits help people achieve basic goods, parking in disabled places mean parking fines

why are laws important to society

it is the best form of authority to achieve the common good. Allow us to achieve the basic goods, It is only a good moral legal system if it supports the common good so we can achieve the basic goods.

what are some strengths to Finnis' natural law

1. secular society: sociologists argue that we live in a secular society so by having a law that is influenced by human nature and less by religion is better for our modern society. It has the potential to be accepted in our society because Aquinas' version has a larger focus around religion

2. human flourishment: there is a reward now not in the afterlife, Finnis accepts the idea that there is a natural justice that is applicable to all humanity but in opposition to aquinas he says that natural laws purpose is to make sure that people can live a worthwhile life and establish what is really good for man kind. Focus on the current results not the post death ones like aquinas does

3. universal: Finnis argues that flourish humans need the seven basic goods which are self evident, universal goods which apply equally to everyone at all times. The natural law transcends culture and religion and all people can participate equally

4. Flexible: lots of space for discretion in Finnis' version because the seven basic goods are equally fundamental and have no hierarchy. Therefore there is no singular approach and can be seen in many directions, appealing to post-modernists.It rejects the stricter rules seen in Aquinas' version

5. encourages community: Finnis' natural law is a community oriented ethic which is good for society such as one of the 9 practical reasons being you should foster the common good of the community. Although it is best achieved when people in the community work together to better the community rather than individual people

what are the weaknesses of Finnis' natural law

1. little guidance: It is not obvious how according to Finnis' natural law how we should go about deciding what to do in specific ethical situations it only offers guidelines which is not specific enough, such as it doesn't provide a clear answer as t which should society allow or not allow capital punishment.

2. based on practical reasoning only: Finnis' natural law is based only on practical reasoning which describes how to act only however practical reasoning cannot e proved through any empirical evidence, unlike Aquinas' natural law which uses theoretical reasoning from God. It is too practical and lacks theory there is no proof as you cannot read or see the need for these basic goods

3. it is elitist: favours one group of people over another, the more educated and mature above others. This is because Finnis argues that the seven basic goods although available to anyone are only known by the more educated

4. misguided on humans motivation: Finnis argues that motivation for actions such as the pursuit of pleasure or material gain are misguided. However it could be argued that Finnis is misguiding human nature, maybe pleasure and greed are natural emotions - these ideas where seen in Benthems Util and Max stirner ethical egoism

5. could encourage a totalitarian state: Finnis' natural law could be seen to encourage a state that has control over all areas of private and public life. He believes that state authority os the best way to achieve a stable society in which the basic goods can thrive