2D - John Finnis’ development of Natural Law

How is Finnis' view of Natural Law similar and different from Aquinas'?

• Similar: accepted that there is a natural law applicable to all humanity

• Different: Argues that Natural Law's purpose = to ensure that a person is able to live a worthwhile life and to "flourish", i.e. establish what is good for humanity; rejects Aquinas' primary precepts ∵ believes that Natural Law is not based on God

What does Finnis use instead of primary precepts?

• Basic goods

• They are the basic needs of all humans

• While they are universal, not everyone is automatically aware of them, e.g. a toddler may not understand the need for practical reasonableness; they are known to every educated, mature person

• They are not to be achieved/fulfilled - they are to be participated in

• Other personal qualities, e.g. humility, are methods to pursue the basic goods

How is Finnis' view of Natural Law similar and different from Aquinas'?

• Similar: accepted that there is a natural law applicable to all humanity

• Different: Argues that Natural Law's purpose = to ensure that a person is able to live a worthwhile life and to "flourish", i.e. establish what is good for humanity; rejects Aquinas' primary precepts ∵ believes that Natural Law is not based on God

What does Finnis use instead of primary precepts?

• Basic goods

• They are the basic needs of all humans

• While they are universal, not everyone is automatically aware of them, e.g. a toddler may not understand the need for practical reasonableness; they are known to every educated, mature person

• They are not to be achieved/fulfilled - they are to be participated in

• Other personal qualities, e.g. humility, are methods to pursue the basic goods

How does Finnis show that the basic goods are self-evident?

• By distinguishing between theoretical and practical reasoning

- Theoretical reasoning = concerned with reasoning truth ∴ more concerned with reasoning knowledge, rather than the right action
- Practical reasoning = concerned with how to act ∴ more concerned with reasoning the right action, rather than knowledge

What kind of reasoning does Finnis say that much of our life is based on?

• Practical reasoning, e.g. Ockham's Razor

• He argues that the basic goods come from practical reasoning and are self-evident - they cannot be proved but we practically know them to be true ∴ not derived from God's laws

List the seven basic goods.

1) Life
2) Knowledge (for its own sake)
3) Friendship and sociability
4) Play (for its own sake)
5) Aesthetic experience
6) Practical reasonableness
7) Religion

Elaborate on the basic good of life.

• Covers various aspects, from bodily health to procreation

Elaborate on the basic good of knowledge (for its own sake).

• Being well informed

Elaborate on the basic good of friendship and sociability.

• Being sociable and acting in the interests of one's friends

Elaborate on the basic good of play (for its own sake).

• Recreation, enjoyment, fun

Elaborate on the basic good of aesthetic experience.

• Appreciation of beauty/art

Elaborate on the basic good of practical reasonableness.

• Using one's intelligence to solve moral problems

Elaborate on the basic good of religion.

• A connection with the orders that transcend individual humanity (does not mean belonging to an institution)

Define the requirements of practical reason.

• Help create the optimum conditions in which to pursue the basic goods (similar to secondary precepts)

List the nine requirements of practical reason.

1) View life as a whole
2) Prioritise certain basic goods over others
3) Basic goods apply equally to all
4) Do not become obsessed with a particular project
5) Use effort to improve
6) Plan your actions to do the most good
7) Never harm a basic good
8) Foster common good in the community
9) Act in your own conscience and authority

Elaborate on the requirement of practical reason: view life as a whole.

• Think long-term when pursuing basic goods

Elaborate on the requirement of practical reason: prioritise certain basic goods over others.

• You should only do so with good reason

• e.g. a student should prioritise 'knowledge' over 'play'

Elaborate on the requirement of practical reason: do not become obsessed with a particular project.

• If it is not helping you to flourish, get rid of it.

Elaborate on the requirement of practical reason: use effort to improve.

• Do activities that allow you to flourish

Elaborate on the requirement of practical reason: plan your actions to do the most good.

• Aim to do good and avoid evil

Elaborate on the requirement of practical reason: never harm a basic good.

• Never do acts that will harm a basic good even if it will indirectly benefit a basic good

• e.g. should not kill your teacher (against basic good of life) in the indirect hope of getting a better one (pursuing basic good of knowledge)

Elaborate on the requirement of practical reason: foster common good in the community.

• Allow all individuals to flourish

Elaborate on the requirement of practical reason: act in your own conscience and authority.

• Only act in accordance with practical reason and not the authority of someone else

• e.g. you cannot be forced to pursue a basic good

How do you make decisions using Finnis' natural law?

• Think reasonably and decide how to pursue the basic goods in accordance with the 9 requirements (this will be a good act; a bad act is the opposite)

• The 7 basic goods are equally fundamental ∴ do not exist in a hierarchy (plenty of scope for discretion)

• The basic goods and requirements specify our overarching moral structure but do not determine the minutiae of everyday life
- However, there are some choices that are wrong, e.g. spending all day in bed doing nothing (∴ not pursuing one of basic goods)

What does Finnis mean by the common good?

• Each member of the community can effectively pursue the basic goods themselves

• Humans naturally tend to live in groups (required explicitly by 'friendship and sociability' and implicitly by the other goods)

• We = most productive when working together

Why does Finnis believe that we need authority?

• The best way to achieve the common good = for the whole community to do good acts, rather than just specific people

• Such community-wide actions require coordination, which, in turn, requires authority

• One of the strongest and most effective sources of authority = rule of law ∴ it is a morally necessary component of society

• Some laws directly serve basic goods (e.g. law against murder)

• Other laws create a stable society in which people have the freedom + ability to pursue the basic goods

• The authors of the law need to create a 'morally good' legal system that supports the basic goods

• If you accept a legal system, you support the pursuit of basic goods and you have an obligation to obey every law

∴ you have your standard legal, but also moral, obligation to respect and obey the law