For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and practical reason, while his contributions to the ethical debates surrounding nuclear deterrence, (...) abortion, and sexual morality have been a powerful, and controversial exposition of the practical implications of his theory of natural law. The Collected Essays of John Finnis brings together 122 papers. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy - the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the Collected Essays reveal the connections and coherence of the different branches of Finnis' work, showing the full picture of his philosophical contribution for the first time. Covering topics from the nature of divine revelation, the morality of abortion, to the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century. Together with the new edition of Natural Law and Natural Rights, they will be an essential resource for all those engaged with the philosophy of law and broader questions in practical philosophy. (shrink)

He argues that an adequate idea of human rights must take such a diversity seriously, and unlike the UN Declaration, it must not presuppose Western institutions and values.

In this work, Alan Milne builds on the argument of his earlier book Ethical Frontiers of the State that limits on governmental action are to be understood in terms of humanistic social ethics. Here Milne considers the role of the market in politics, and in particular the relation of the market to the obligations of government to advance human wellbeing. Issues covered include contingency in politics, the command economy, capitalism, the welfare state, inequality, and representative democracy.

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

Linking theses of Plato, Wittgenstein, and Weber, section I argues that identification of central cases and settling of focal meanings depend upon the theorist's purpose and, in the case of theory about human affairs—theory adequately attentive to the four irreducible orders in which human persons live and act—upon the purposes for which we intelligibly and intelligently act. Among these purposes, primacy is to be accorded to purposes which are, as best the theorist can judge, reasonable and fit to be adopted (...) by anyone, the theorist included. Section II defends the reasonableness of practical and moral judgments, against Michael Perry's ultimately nihilist claims that egoism's challenge to moral normativity has gone unanswered and that “reason for A” does not entail “reason for” anyone else. Section III takes up Steven Smith's suggestion that such subjectivism is encouraged by the talk in Natural Law and Natural Rights of “pursuing goods,” talk which is individualistic and neglectful of persons, inimical to an understanding of friendship, and impotent in the face of egoism. Here as elsewhere the key is to grasp that understanding any basic or intrinsic human good is to understand it as good for anyone like me and thus—since as I instantiate and embody a universal, viz. human being—as a good common to anyone and everyone. Section IV argues that common good gives reason for exercise and acceptance of authority, and for allegiance, even in time of breakdown. Section V argues that natural law theory is no more dependent on affirming God's existence than any other theory is, in any of the four orders of theory, but equally that is not safe for atheists. For, like any other sound theory, it suggests and is consistent with questions and answers about its grounds, in this case about the source of its normativity and of the human nature that its normative universals presuppose and affirm; and the answers are those argued for, too abstemiously, in the last chapter of NLNR and, more adequately, in the equivalent chapter of Aquinas. (shrink)

This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Aquinas' thought, combining an accessible, historically-informed account of his work with an assessment of his central ideas and arguments. John Finnis presents a richly-documented critical review of Aquinas's thought on morality, politics, law, and method in social science. Unique in his coverage of Aquinas's primary and secondary texts and his own vigorous argumentation on many themes, the author focuses on the (...) philosophy in Aquinas's texts, and demonstrates how this interconnects with the theological elements. Professor Finnis shows how Aquinas, despite some medieval limitations, makes clear and profound contributions to present debates. (shrink)

In reply to the readily inferable denial, in para. 304 of the papal exhortation Amoris Laetitia, that there are any exceptionless negative moral norms, this article (1) recalls and reaffirms the philosophical and doctrinal tradition’s thesis that there are such norms. It then (2) sketches what is involved in identifying a kinds of act by its object; (3) reflects briefly on the three successive and different iterations of the teaching of the Catechism of the Catholic Church on capital punishment; and (...) (4) draws attention to the Catechism’s notable but little discussed, non-pacifist teaching against all intending to kill, even in just war. ------------------------------------ Received: 30/04/2024. Reviewed: 25/09/2024. Accepted: 7/10/2024. (shrink)

The moral justification for government is, that it is needed to promote the community's interest. What is that interest an interest in? Upon what basis can disagreements about the community's interest and individual interests be reconciled? Can democracy enable dissatisfaction with their reconciliation to be lived with? Perhaps, if people are prepared to meet the requirements of democratic citizenship. What are these requirements, and what is their justification? These are the questions with which this book is concerned.

The essays in Religion and Public Reasons seek to argue for, and illustrate, a central element of John Finnis' theory of natural law: that the main tenets of ...

Nuclear deterrence requires objective ethical analysis. In providing it, the authors face realities - the Soviet threat, possible nuclear holocaust, strategic imperatives - but they also unmask moral evasions - deterrence cannot be bluff, pure counterforce, the lesser evil, or a step towards disarmament. They conclude that the deterrent is unjustifiable and examine the new question of conscience that this raises for everyone.

The concept of co‐ordination problems helps solve the problem of authority and obligation in legal theory, but only if the concept is carefully distinguished from the game‐theoretical concept of co‐ordination problems and their solutions. After explaining the game‐theoretical concept, the author defends its application to legal theory by reviewing the exchange he has had with Joseph Raz about the authority of law. Extending that debate, he argues that criticisms from Raz and others miss the point of the co‐ordination thesis; its (...) primary benefit is that it illuminates the source of law's moral authority in the way law enables individuals to co‐ordinate their actions for the common good without imposing a national common enterprise upon them. (shrink)

Human Rights and Common Good collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; national territory and migrants' and non-citizens' rights; the justification of punishment; and the public control of euthanasia, abortion, and marriage.

G. E. Moore observed that to assert, 'I went to the pictures last Tuesday but I don't believe that I did' would be 'absurd'. Over half a century later, such sayings continue to perplex philosophers. In the definitive treatment of the famous paradox, Green and Williams explain its history and relevance and present new essays by leading thinkers in the area.

In lieu of an abstract, here is a brief excerpt of the content:OBJECT AND INTENTION IN MORAL JUDGMENTS ACCORDING TO AQUINAS JOHN FINNIS U'flkueTBity Oollege Unwersity of Oa:ford INTENTION IS OF END, choice is of means. A human aict ~s specified by (and s? is co.rrect:ly describe~ in terms of) its end. A human act IS specified by (and so Is correctly described in terms of) its object. An a:ct which is bad by reason of its object cannot (...) be justified by its end (its: good intention ). A human a:ct is specified by (and so is correctly described in iterms of) its intention.... Such a sequence of statements of St. Thomas ought to leave an impression of confusion. That impression would be heightened by the traditional representation of his analysis of acting in a schema of 12 terms signifying a sequence of psychological acts involved in willing and doing something. For in this analysis, intention seems to precede ·deliberating, judging, and choosing, and so, as deliberating, judging, and choosing often present themselves to consciousness distinctly, intention is presented in this analysis as if it were a distinct content of consciousness. When intention is so conceived, iit becomes possible to imagine that one can, so to speak, choose to direct (an) intention to or withhold it from the various aspects of one's chosen behavior, e.g. it.hose consequences which one foresees and welcomes or those one chooses to bring about onJ.y with regret. To some contemporary moralists, such approving or regretting of consequences is precisely what engages or disengages one's will and thus one's responsibility; what Christians or Jews used to regard as immoral can be uprightly done if done merely as a means to good ends and only with reluctance, I JOHN FINNIS regret, disapproval, i.e. if in no way approved or adopted as an end, i.e. if not really intended.1 Other modern moralists deny that one's responsibility for consequences of deliberate behavior can be so dependent on an inner ruct of intending (as distinct from the choosing and doing) ; they judge one responsible for everything one deliberately and with foresight causes.2 So they too reject the " doctrine " of double effect which Christian moralists had articulated as a development or codification of the elements of St. Thomas's discussion of self-defense, a disoussion whose first premise is that a human ad is specified (i.e. identified for the purposes of moral assessment) by its intention. Today there are other moralists again who combine the two foregoing lines of thought: they reject the doctrine of double effect as giving exaggernted importance to choice (means) over intention (end); one should take into account alil foreseeable consequences of one's chorce and ensure that it is likely to have a greater proportion of good than of bad consequences, and one must never approve (intend) any bad consequences -one may never deliberately cause them as ends hut only as means, means which one deliberwtely causes, not for their own sake, hut only for the sake of those proportionately greater good (or less bad) consequences which one does intend.8 1 Cf., e.g., Richard McCormick, S.J., "Medicaid and.Abortion," Theological Studies 45 (1984): 716-717. 2 Cf. Bruno Schueller, "The Double Effect in Catholic Thought: A Re· evaluation," in McCormick and Ramsey, Doimg Evil to Achieve Good (Chicago: Loyola University Press, 1978), 191: "... 'intend as a means' and 'permit', when referring to a non-moral evil, denote exactly the same mental attitude." Schueller, "La moraliM des moyens," Recherches de Science Religieuse 68 (1980) : 211 (causilng moral evil is never justified, causing non-moral evils is justified in pursuit of non-moral good of corresponding importance); 221· 2: "pour tous les biens dont la possession contribue au bien-etre de l'homme... [q]uoi que l'on choisisse... les consequences negatives qui resultent du choix sont un pur moyen en vue des consequences positives qui en resultent." s Cf. K.-H. Peschke, "Tragfaehigkeit und Grenzen des Prinzips der Doppelwirkung," Studia Moralia 26 (1988): 110-112, where Peschke states the "principle of double effect" (which he ascribes to Catholic theology and attacks ) in terms not of what is directly or... (shrink)

This Article invites Professor Henry Veatch to consider some of Finnis' previous work. Finnis asserts that his work presents "serious questions" for those who interpret Aristotle and Acquinas in the way the Veatch does and invites Veatch to respond.

The four kinds of explanation identified by Aquinas at the beginning of his commentary on Aristotle's Ethics are deployed to show that the identity of the human person is sui generis and mysterious, even though each of its elements is more or less readily accessible to our understanding. The essay attends particularly to the explorations by Aquinas and, with different techniques, by Shakespeare of the experience and understanding of one's lasting presence to oneself as one and the same bodily and (...) mental self, and one's self-shaping by one's free choices, especially of commitments. Shakespeare further explores these, quite deliberately, through displays of mistaken identity and humiliating deflations of the personas one constructs for life in society. (shrink)

Moral Absolutes sets forth a vigorous but careful critique of much recent work in moral theology. It is illustrated with examples from the most controversial aspects of Christian moral doctrine, and a frank account is given of the roots of the upheaval in Roman Catholic moral theology in and after the 1960s.

Human Rights and Common Good collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; national territory and migrants' and non-citizens' rights; the justification of punishment; and the public control of euthanasia, abortion, and marriage.

The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism.

This essay, in the context of a conference on justice, reviews and reaffirms the main theses of “The Priority of Persons” (2000), and supplements them with the benefit of hindsight in six theses. The wrongness of Roe v. Wade goes wider than was indicated. The secularist scientistic or naturalist dimension of the reigning contemporary ideology is inconsistent with the spiritual reality manifested in every word or gesture of its proponents. The temporal continuity of the existence of human persons and their (...) communities is highly significant for the common good, which is the point and measure of social justice, properly understood. Forms of injustice that are more or less independent of this temporal dimension are nonetheless important. The nation and its lasting are neglected in much of the social-political theory assumed by contemporary legal theory. So too is the family and the “covenant” between its generations, a neglect that opens the door to euthanasia. (shrink)

The past in which theory of this kind had its origins is notably similar to the present. For this is theory–practical theory–which articulates a critique of critiques, and the critiques it criticizes, rejects and replaces have much in common whether one looks at them in their fifth century B.C. Hellenic (Sophistic) or their modern (Enlightenment, Nietzschean or postmodern) forms.

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...) on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

Religion and Public Reasons collects the theological work of John Finnis, spanning his contribution to such foundational issues as the justification for belief in revelation and moral-theological methodology; to the role of religion in public reason and law; and to major controversies within Catholic thought and practice since the 1960s.

Near-death experiences offer a glimpse not only into the nature of death but also into the meaning of life. They are not only useful tools to aid in the human quest to understand death but are also deeply meaningful, transformative experiences for the people who have them. In a unique contribution to the growing and popular literature on the subject, philosophers John Martin Fischer and Benjamin Mitchell-Yellin examine prominent near-death experiences, such as those of Pam Reynolds, Eben Alexander (...) and Colton Burpo. They combine their investigations with critiques of the narratives' analysis by those who take them to show that our minds are immaterial and heaven is for real. In contrast, the authors provide a blueprint for a science-based explanation. Focusing on the question of whether near-death experiences provide evidence that consciousness is separable from our brains and bodies, Fischer and Mitchell-Yellin give a naturalistic account of the profound meaning and transformative effects that these experiences engender in many. This book takes the reality of near-death experiences seriously. But it also shows that understanding them through the tools of science is completely compatible with acknowledging their profound meaning. (shrink)

This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (c) relative (...) inattention to the deliberations of law-makers as distinct from subjects of the law. These flaws contributed to a concept or theory of law that so truncated its account of the juridical, and of the sources of legal reasoning, that it could provide little or no guidance in situations of legal difficulty. The paper suggests that these flaws result, to some significant extent, from the skeptical doubts about morality evident particularly in his later work. All this has implications for the kind of approach to law and legal theory often self-described as positivist. (shrink)

Discusses Catholic teaching about homosexuality. Explains the philosophical rationale for that teaching. Argues that homosexual activity is wrong, along with all other non-marital sexual activity, because it undermines the goods of marriage.