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Full-Text Articles in Law
The Basic Principles Of Natural Law: A Reply To Ralph Mcinerny, John M. Finnis, Germain Grisez
The Basic Principles Of Natural Law: A Reply To Ralph Mcinerny, John M. Finnis, Germain Grisez
Journal Articles
In the preceding volume of this journal, Prof. Mclnerny criticized certain theoretical positions of Finnis and Grisez as well as their interpretation of St. Thomas. In the present article Finnis and Grisez reply that Mclnerny's criticisms lack cogency, because he has misunderstood their theories, judged their exegesis by his own different interpretation assumed gratuitously to be correct, and mixed philosophical and historical criticism in a way which helps to clarify neither the problems of ethical theory nor those of Thomistic exegesis.
The Problem Of Unjust Laws, Charles E. Rice
The Problem Of Unjust Laws, Charles E. Rice
Journal Articles
John Finnis has contributed most significantly to our understanding of how "practical reasonableness"' has affected creation and evaluation of human law. The main objective of a theory of natural law is to show how sound laws are to be derived from principles based on reason. It is true, as Finnis points out, that "the affirmation that 'unjust laws are not law' . . is [generally] a subordinate theorem" of natural law theory. Nevertheless, the experience of the past half century requires that we examine seriously, as Finnis has, the moral obligation of the unjust law.