Finnis - Development of Natural law

What is background information on Finnis’ development of NL/why did he create it?

• Finnis accepts the idea that there is a natural law that is applicable to all of humanity.

• However, unlike Aquinas, he argues that NL’s purpose is to ensure a person is able to ‘flourish’ and live a worthwhile life. - to establish what is really good for humankind.

• Finnis starts by rejecting the 5 primary precepts - Finnis believes that NL is not based on God.

• Finnis replaces the primary precepts with the basic goods.

What are the basic goods for?

• Finnis was focused on a theory which shows you how to live well/flourish.

• Finnis argues that to flourish humans need 7 basic self-evident, universal goods, which apply equally to everyone at all times.

• The basic goods serve as an explanation of why we do things - any worthwhile activity is worth doing because it participates in one or more basic goods.

Why does Finnis call them ‘basic goods’?

• Finnis calls them basic goods because they are self-evident basic needs of all humans - and to deny them is unreasonable.

• Finnis believed the basic goods exist independent of human thought, so we can put them in to ‘reality’ in the same sense that maths lives in reality.

• These goods are common to all humans regardless of their culture.

• These do not change and are universal

What are the 7 basic goods?

Life:

• Covers various aspects of life from bodily health to procreation, good life.

• The basic good of life includes and begins with reproduction.

• e.g. looking both ways when crossing the road.

• In summary: the preservation of life, leading a healthy life, the right to a good quality of life.

Knowledge:

• Being well informed, understanding the world around us to develop as humans - we all pursue knowledge to avoid ignorance and error.

• We seek knowledge to pursue truth and develop intellectual knowledge e.g. studying science or reading a newspaper

Friendship and sociability:

• Being sociable, acting in the interests of one’s friends, Living in a good harmonious society.

• To live alongside others peacefully or be in an in-depth relationship with someone. e.g. respecting a friends purpose or wellbeing rather than using them.

Play:

• Enjoyment and fun

• Play can bring about a sense of meaning and purpose to life beyond work and mere existence.

• It can be random or planned, social or solitary, intellectual or physical

Aesthetic experience:

• An appreciation of beauty, creativity and art.

• Does not require a particular human action as it can be experiences externally or internally.

Practical reasonableness:

• Using ones intelligence to solve moral problems such as what to do, how to live and shaping ones character.

• Active rather than passive because it aims to perform actions that change the state of the world.

• Vital basic good as it turns the basic goods into practical principles for action i.e. the 9 requirements of practical reasonableness.

Religion:

• A connection with and participation with the orders that transcend individual humanity.

• e.g. concern for answering ultimate questions but not necessarily being involved in a religious institution.

• Strives for ultimate questions and meaning.

Is everyone automatically aware of all the basic goods?

• Finnis claims it is not true that everyone is automatically aware of all the basic goods - a toddler may not understand the need for ‘practical reasonableness’.

• However such principles are known to every educated, mature person.

• In the same way, Finnis acknowledges that there are people who do not respect the basic goods - these people are wrong/bad.

What is a key quote about the basic goods?

• ‘indemonstrable but self-evident basic principles’

• We cannot always demonstrate them to each other but we do need to know they are good in themselves.

What are moral and immoral acts in relation to the 7 basic goods, and what are other key points?

• There is no hierarchy of the goods.

• The 7 goods are not dependent on God.

• A moral act is one that involves one or a combination of the goods.

• An immoral act is one that directly harms any of the basic goods. e.g. harming someone’s life is an immoral act.

• A person cannot use one good and ignore another - but they may emphasise one good more than another in their life e.g. doctor’s may emphasise life.

What is the distinction between theoretical and practical reason?

Theoretical reasonableness:

• This links to matters of facts/working of the world/to be well informed/intelligence/concerned about reasoning the truth but cannot be proven - therefore theoretical reason is the self-evident knowledge Finnis uses to declare a basic good.

Practical reason:

• This begins with the self-evident knowledge of the basic goods and then focuses on how to apply/participate in them/how to put them into practice.

• Finnis believes that the basic goods are evident from practical reasoning and not theoretical reasoning and there are 9 requirements of practical reason which were developed by Finnis that create the optimum conditions to attain the basic goods.

What is background information 9 requirements of practical reasonableness?

• These are concerned with what a person must do, think and be in order to participate in the basic good of practical reasonableness.

• They demonstrate ‘the natural law’ method of working out moral behaviour from the basic goods.

• To fail to live up to any of these requirements is unreasonable.

What do the 9 requirements of practical reasonableness do?

• Finnis believed there were 9, interrelated principles of practical reason. i.e. you can make good moral decisions by using your reason (we don’t need to be told how to make decisions we can use our reason.)

• They help to create the optimum conditions to achieve the 7 basic goods i.e. in order to make the right moral decisions, you act rationally in accordance with the 9 requirements which helps you successfully achieve the basic goods.

• They are self evident like the basic goods.

What are the 9 requirements of practical reasonableness?

View life as a whole:

• Have a coherent plan for life - don’t live moment to moment.

• You should take a long term view of pursuing the basic goods and not drift through life following whims.

No arbitrary preferences amongst values (goods):

• All of the basic goods are objectively and equally good, none of them should be ignored or exaggerated. e.g. ignoring life - diabetic eating too much sugar.

• At the same time you will naturally prioritise certain goods over others e.g. students will prioritise knowledge over play.

Basic goods apply equally to all:

• You can be self interested because you have to look after yourself or your own wellbeing - but you should always take into account the good of others.

• i.e. you must not neglect others (the golden rule - treat others the way you would like to be treated) - you cannot claim ‘I am more important than someone else as the basic goods apply equally to all.

Do not become obsessed with a particular project:

• You shouldn’t become obsessed with a particular activity to such an extent that it does not participate in the good.

• Obsession can lead to fanaticism (extreme devotion) If a project is not helping you flourish, then find another that fulfils the basic goods.

Use effort to improve:

• You should be committed to an activity and see it through and not abandon it carelessly if we are going to achieve any goal in life. We should make an effort to flourish i.e. don’t just sit around/repeat old habits/develop apathy (lack of interest.)

Plan your actions to do the most good:

• Your actions should be efficient and reasonable so they do good and avoid evil. e.g. if we are forced to choose it is more efficient to choose an action that preserves life rather than property.

Never harm a basic good:

• You should never commit an act that directly harms a basic good, even if it will indirectly benefit a different basic good. e.g. you shouldn’t kill your teacher (against life) in order to get a better one (pursuing knowledge)

• Actions should always promote and protect the basic goods and this is essential to ensure no human right is overridden.

Foster the common good in the community:

• Most of our moral actions are based on this requirement because it allows individuals within a community to flourish through cooperation, collaboration and coordination.

Act in your own conscience and authority:

• This final requirement of practical reason requires you follow your own conscience.

• We should not do something we think should not be done and our conscience helps to produce correct judgements.

How are decisions made using the 7 goods and the 9 requirements?

• To make specific decisions in your life, you think reasonably, in accordance with the 9 requirements of practical reason, and then decide how you will pursue the basic goods. Basically according to Finnis:

• Good = doing actions that pursue one of the basic goods, in accordance with the 9 requirements of practical requirements.

• Bad = doing actions that do not pursue the basic goods, or pursuing a basic good but not in accordance with the 9 requirements of practical reason.

• There is plenty of scope for discretion in Finnis’ version of Natural law. If you are deciding what to do with your day, you could choose to listen to music, or go to college, or go to a party. These are all, in principle, valid choices i.e. they all support one of the basic goods - therefore are good acts.

• However, some choices are wrong e.g. spending all day in an empty room doing nothing is a bad act because it is not pursuing one of the 7 basic goods and 9 requirements of practical reason.

• In this way the 7 goods and 9 requirements of practical reason specify overarching moral structure and goals.

What is the common good?

• Finnis argues humans naturally need to live in groups. This is both required explicitly by the basic good of friendship and sociability and implicitly by all the other goods, because we are most productive when working together.

• Furthermore, one of the 9 requirements of practical reasonableness is ‘foster the common good in the community’ which involves cooperation, collaboration and coordination.

• The common good is the situation where each member of the community can effectively pursue the basic goods for themselves.

• Being part of the community is a unifying relationship between humans beings that best enables human flourishing.

• E.g. if a class wants to learn ethics, it is vital they cooperate with each other and understand the basic goods apply equally to everyone and not just themselves.

What is the need for authority according to Finnis?

• In order for individuals to flourish and achieve the common good there needs to be coordination, certain acts need to be performed by the whole community rather than specific people - therefore there is a need for authority.

• Therefore the law is the authority which can regulate human behaviour within a community so it can thrive and achieve the common good.

• E.g. when deciding how to use natural resources or how schools should be run, there will inevitably be more than one view and such community-wide actions require coordination, and coordination requires authority - though not coercive authority.

• Finnis believes that one of the strongest and most effective sources of authority is the law, therefore Finnis concludes the law is a morally necessary component of society.

• While authorities can make errors this isn’t a reason for there to be no authority.

• A governing authority is necessary to allow fairness, justice so everyone can participate in the basic goods and hence put in place sanctions for those that disobey the law.

What do authors of the law need to do according to Finnis?

• The authors of the law need to create a legal system that supports the basic goods and in accordance with 9 requirements of practical reasonableness.

• It is a morally ‘good’ legal system only if it does this.

What does Finnis argue about accepting a legal system?

Finnis finally argues that if you accept a legal system, then you have a legal obligation to obey every law. The argument runs like this:

1. I want to pursue the basic goods.

2. Society needs to coordinate in order to best achieve the basic goods.

3. The law is an effective way or coordinating society this way.

4. Therefore I ought to obey the law

Therefore you have both a legal and a moral obligation to respect and obey the law.

Picture that summarises Finnis.