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On The Stephen Macedo And John Finnis Exchange: Natural Law, Liberalism, And Homosexuality: A Critical Assessment, Brian B. Coleman
On The Stephen Macedo And John Finnis Exchange: Natural Law, Liberalism, And Homosexuality: A Critical Assessment, Brian B. Coleman
Philosophy Theses
This essay is an exploration of the debate between John Finnis and Stephen Macedo on the value of homosexuality. In “Is Natural Law Theory Compatible with Limited Government?” Finnis, a natural law theorist, rejects value-neutralist arguments, stating that the political community can and should make value judgments about its members’ life-choices and that such normative evaluations are compatible with liberalism. Particularly, Finnis argues that homosexuality is in its essence always harmful and degrading, thus unable to participate in the basic human goods it imitates. Furthermore, he argues that the political community in liberal democratic societies is justified in discouraging homosexual …
A Defense Of Soft Positivism: Justice And Principle Processes, Keith William Diener
A Defense Of Soft Positivism: Justice And Principle Processes, Keith William Diener
Philosophy Theses
This thesis addresses the historic debate between natural law theorists and positivists. After providing a foundation for the debate by discussing the thirteenth century natural law theory of St. Thomas Aquinas and the criticisms of it by positivist philosopher John Austin, this thesis turns to the theory of H.L.A. Hart. My primary aim is to outline a defense of the soft positivism of H.L.A. Hart in face of the criticisms of Ronald Dworkin by appealing to two nonexclusive roots of moral principles in the law: justice and criminal law.