Philosophy of law could be roughly categorized into THREE topics:

1. Analytic Jurisprudence
2. Normative Jurisprudence
3. Critical Theories of Law

Analytic Jurisprudence involves providing analysis of the essence of law

so as to understand what differentiates it from other systems of norms.

Under analytic jurisprudence is the natural law theory.

As per Judge last last week, natural law is a system of law base on a
close observation of human nature, and based on values intrinsic to
human nature that be deduced and applied independently of positive
law.

According to John Finnis natural laws are there to help us human beings
to prosper, to promote common good.

And who is John Finnis?

JOHN MITCHELL FINNIS

Born: July 28, 1940

Father: Maurice M. S. Finnis
Mother: Margaret McKellar Stewart
Married to: Marie Carmel McNally in 1964
With 2 children
He graduated his law school in Adelaide University of Australia 1961
and graduated his Doctorate in Philosophy in Oxford University.

Before converting into Catholicism, Finnis was an atheist.

Finnis is one of the brightest legal minds of the 20th and 21st century
He is a professor of Legal Philosophy in Oxford University up until the
year 2010.

He published

Natural Law and Natural Rights in 1980 and published 2nd Edition in
2011
Fundamentals of Ethics in 1983

Finnis say that the old natural law does not apply comfortably with our
modern-day society.

For Finnis while the idea of Aquinas’ idea that “God pitched these laws
into the seams of nature that would help us live a more godly life” were
applicable then, now we have to look at natural laws at how would they
apply today.

Finnis believes that there is a natural laws or natural justice that flows
throughout humanity. But what is the purpose of those natural law? Is
it to please God?
Finnis say that the answer to Godly questions are definitely part of our
lives, but he believes that the natural laws are there to help human
beings to flourish.

The corner stone of Finnis’ theory is that laws are there to help human
beings to flourish or prosper.

Finnis starts by restating/replacing the primary precepts of Thomas

Aquinas.

The primary precepts according to Thomas Aquinas:

Protect and preserve human life.

Reproduce and educate one’s offspring.
Know and worship God.
Live in a society.

Finnis replaces these primary precepts with 7 basic goods. Seven things
which constitutes good behavior or the opposite of which that
constitute bad behavior.

These seven basics according to him are universal. Meaning they apply
to everyone all of time equally.

Philosophers tend to fall into two categories, either:

1. Rules come from God

2. Or Rules worked out by human logic and intelligence.

Finnis is a reason-based philosopher.

Finnis believes that these basic goods are self-evident and exists
independently of either God or Humanity. That human beings are able
to independently work out by reason what these basic goods are. So, if
we sit back and we reason and use our intelligence, we will discover
these basic good. We will not be able to come up with these ourselves.

If an action supports the basic goods, it’s a good action. However, if the
action goes against the basic good, then it constitutes a bad action.

So, what are these 7 basic goods?

1. Life. It is the promotion of life, preservation of life, doing things

that supports life being good. It also includes promotion of
healthy life and promoting good quality of life within people.
2. Knowledge. The pursuit of things that interest you, gaining of
knowledge, understanding the world around us. Finnis says that
gaining knowledge or education is a powerful tool. You should
want to know about the world around you and be interested in it.
and doing that is a basic good, it is a good thing.
3. Play. The good in enjoying things. You should enjoy things that
you love but not to the detriment of other basic good. Do not feel
guilty on enjoying things thinking that we take our time enjoying
those things. It’s a basic good that we derive pleasure from things.
E.g, singing, making music, watching tv, cars, reading novels. We
all have our own things that we enjoy and don’t feel guilty about
it as it is a good thing that we do things that we enjoy. Linked
strongly to the basic good of play is the fourth basic good.
4. Aesthetic Experience. The good in enjoying beauty in things.
Appreciating creative works. Appreciating beauty in what we see
is really important but also creating things that are beautiful.
 5. Sociability/Friendship. Living in a good and harmonious society.
Treating your partner or your friend well is a basic good, doing
good for the envirddonment because it helps the whole of our
society is a basic good.
6. Practical Reasonableness. The basic good of deciding how to act
morally based on our knowledge and experience.
7. Religion. Our concern about the order of things that transcends
individual interest. Allow ourselves to concern about the ultimate
questions. To work out about the existence of God, how the world
came to be, the meaning of life itself. Going to church, reading the
holy book, going to mosque, or following religious rules may help
an individual to answer the ultimate questions.

The 7 basic goods are the basis of human decisions. If your action
supports the 7 basic goods, then it is a good action, a moral act.
Conversely, any action that harms or contradicts one of the basic
goods, then it is not a moral action.

These basic goods are equal of importance according to John Finnis.

While there is no hierarchy among these goods, some of the goods are
more emphasized at certain time.

For example, A doctor might have a higher understanding or higher use

of the basic good life seek to preserve or protect the lives of their
patients. A student may have higher priority on basic good of
knowledge then play. An artist might have higher priority on basic good
of play, knowledge, and aesthetic experience than all the other basic
goods.
So how do we decern which one of the basics good to prioritize, how
do we work out what is important?

Finnis believes that we need to be told how to make a good decision

and that we can work it out ourselves through reason.

Finnis Came up with the 9 requirements of Practical Reason which will

help us how to react or decide on any circumstance to make good
decisions in our lives.

1. Coherent plan of life. View life as a whole. Do not just live

moment to moment. Do not make decisions that only benefits
that moment. E.g., You have an upcoming exam this week and
you are invited to a party, to play a game, a drink on the pub. If
you consider the future and view your life as a whole, is it a really
good decision to go play, drink, or party at the expense of your
exams. Many of us are guilty of this, well mainly me.
2. No arbitrary preference of certain good. If you view your live as a
whole and you have a coherent plan on your life, then you should
be able to reason which one of the basic good to prioritize not
because of emotion or spur of the moment but due to reason. If
you are a doctor, you’re going to prioritize the basic good of life, if
you are a student, the basic good of knowledge. You should
prioritize with a good reason
3. Non preference amongst persons. All the basic goods apply to all
people. You cannot make decisions in isolation; you need to
people around you in making decision. You should look out for the
basic good of others. Your decision should not be based on
selfishness, double standards, hypocrisy or indifference onto
 others. Your decision should be impartial and it should not impair
the basic goods of others.
4. Detachment. You should not be obsessed with one particular
project or basic good. Obsession to a particular project or good
can lead to the neglect of the other basic good and will not help
you flourish. E.g. Too much time spent on pursuing knowledge
might hurt your basic good of life or deterioration of health. The
whole point of basic good is to make you flourish, human being
living their best life. If you are too committed to a computer game
that it stops your from seeing someone else, pursuing knowledge,
enjoying music, eating your meal, then that particular
commitment or obsession does not make you flourish as it goes
against or it becomes so important that you neglect the other
basic goods.
5. Commitment. You should do stuff, commit to a project and don’t
be just lazy. If over commitment to the point of obsession is a bad
thing, then complete detachment to the point of laziness is also
bad thing. Doing nothing and sitting all day isn’t really fulfilling any
of the goods either. Do a thing a thing a fulfill one of the basic
goods. Learn how to play an instrument, pursue knowledge, or
learn a new skill.
6. Efficiency. Do things and achieve the good efficiently. One should
calculate and plan actions in a utilitarian way.
7. Never commit an act that harms basic good. You should never
commit an action that will harm a basic good, even if that action
will indirectly benefit a different basic good. An action that harms
or contradict a basic good is not a moral action or a bad action.
One should not kill even if it will indirectly save more lives after.
We have a moral responsibility to ourselves that we are looking
out for the basic goods.
 8. One should look after the common good of the community.
Doing good things for the community that you are part of, the
city, the barangay, or even your family. Even as small as
remembering the birthday of your brother, celebration of your
wedding anniversary. This is a basic good of sociability/friendship.
9. Follow one’s conscience. You should be able to decide for
yourself based on your conscience and practical judgement and
not just because of authority. Don’t do the basic goods just
because someone told you to but because you are able to reason
out yourself what is a good thing to do from the bad.

His view on unjust laws

Finnis believes that an unjust law that hurts or harms a basic good is
not morally good but is still a binding law.

He says that in some situations, we must obey an unjust law and even
comply with an unjust law to further common good. So, an unjust law
might sometimes have to be complied with. We cannot automatically
assume that an unjust law is no law at all and need not to be obeyed.

In other words, he argues that a legal system is there to further the

common good. Therefore, any disobedient act that tends to weaken
the legal system as a whole may be unjustified. He thinks, that
sometimes a law may have to be obeyed, even if it seems immoral,
because disobeying it might weaken the whole system.