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    Natural Law and Natural Rights

    ISBN-10: 0199599130
    ISBN-13: 9780199599134
    Author(s): John Finnis
    Description: First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a  More...
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    Edition: 2nd
    Publisher: Oxford University Press
    Binding: Hardcover
    Pages: 500
    Size: 6.50" wide x 9.50" long x 1.50" tall
    Weight: 2.046
    Language: English

    First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years ofdiscussion, criticism and further work in the field to develop and refine the original theory.The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence.The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings.The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complexrelation between legal and moral obligation; and the practical and theoretical problems created by unjust laws.A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

    Evaluation and the Description of Law
    The Formation of Concepts for Descriptive Social Science
    Attention to Practical Point
    Selection of Central Case and Focal Meaning
    Selection of Viewpoint
    The Theory of Natural Law
    Images and Objections
    Natural Law and Theories of Natural Law
    Legal Validity and Morality
    The Variety of Human Opinions and Practices
    The Illicit Inference from Facts to Norms
    Hume and Clarke on 'Is' and 'Ought'
    Clarke's Antecedents
    The 'Perverted Faculty' Argument
    Natural Law and the Existence and Will of God
    A Basic Form of Good: Knowledge
    An Example
    From Inclination to Grasp of Value
    Practical Principle and Participation in Value
    The Self-evidence of the Good of Knowledge
    'Object of Desire' and Objectivity
    Scepticism about this Basic Value is Indefensible
    The Other Basic Values
    Theoretical Studies of 'Universal' Values
    The Basic Forms of Human Good: A Practical Reflection
    Aesthetic experience
    Sociability (friendship)
    Practical reasonableness
    An Exhaustive List?
    All Equally Fundamental
    Is Pleasure the Point of It All?
    The Basic Requirements of Practical Reasonableness
    The Good of Practical Reasonableness Structures Our Pursuit of Goods
    A Coherent Plan of Life
    No Arbitrary Preferences Amongst Values
    No Arbitrary Preferences Amongst Persons
    Detachment and Commitment
    The (Limited) Relevance of Consequences: Efficiency, Within Reason
    Respect for Every Basic Value in Every Act
    The Requirements of the Common Good
    Following One's Conscience
    The Product of these Requirements: Morality
    Community, Communities, and Common Good
    Reasonableness and Self-interest
    Types of Unifying Relationship
    'Business' Community and 'Play' Community
    'Communism' and 'Subsidiarity'
    Complete Community
    The Existence of a Community
    The Common Good
    Elements of Justice
    General Justice
    Distributive Justice
    Criteria of Distributive Justice
    Commutative Justice
    Justice and the State
    An Example of Justice: Bankruptcy
    'Natural', 'Human', or 'Moral' Rights
    An Analysis of Rights-talk
    Arc Duties 'Prior to' Rights?
    Rights and the Common Good
    The Specification of Rights
    Rights and Equality of Concern and Respect
    Absolute Human Rights
    The Need for Authority
    The Meanings of 'Authority'
    Formation of Conventions or Customary Rules
    The Authority of Rulers
    'Bound By Their Own Rules'?
    Law and Coercion
    Unjust Punishment
    The Main Features of Legal Order
    The Rule of Law
    Limits of the Rule of Law
    A Definition of Law
    Derivation of 'Positive' from 'Natural' Law
    'Obligation', 'Ought', and Rational Necessity
    Promissory Obligation
    Variable and Invariant Obligatory Force
    'Legally Obligatory': the Legal Sense and the Moral Sense
    Contractual Obligation in Law: Performance or Compensation?
    Legal Obligation in the Moral Sense: Performance or Submission to Penalty?
    Obligation and Legislative Will
    'Reason' and 'Will' in Decision, Legislation, and Compliance with Law
    Moral Obligation and God's Will
    Unjust Laws
    A Subordinate Concern of Natural Law Theory
    Types of Injustice in Law
    Effects of Injustice on Obligation
    'Lex Injusta Non Est Lex'
    Nature, Reason, God
    Further Questions about the Point of Human Existence
    Orders, Disorders, and the Explanation of Existence
    Divine Nature and 'Eternal Law': Speculation and Revelation
    Natural Law as 'Participation of Eternal Law'
    Concluding Reflections on the Point and Force of Practical Reasonableness

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