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From Basic Good To Natural Right

Posted on:2008-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:J M DiaoFull Text:PDF
GTID:2166360215463202Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This thesis attempts to explore a route, which runs through finnis'new theory of natural law, starting from basic good.What is the most fundamental good and welfare of people? How to pursue these indispensable values? The first chapter rewords the answer of finnis to these two questions. He enumerates seven basic goods by the form of list as the answer to the first question, and lists nine requests of practical reason to answer the second. The list of basic goods is the great contribution of finnis to the theory of natural law, and the requests of practical reason provide detailed guide to the pursuit of value. Such precise writing style makes"empty"or"abstract", the frequent criticisms to natural law scholars, unable to be imposed to finnis. Knowledge is treated as the theoretical pattern of basic good; practical reason not only is one of basic goods, but also is the methodology of the pursuit of basic good. Each of them occupies one section of the first chapter.Basic good is the indispensable welfare of people, is the value we should pursue, is the best reason of rational behavior, and the common good is the spread of basic good in community. Common good could be found in various forms of communities, from society to family. The second chapter first introduces the concepts of community and common good and the relationship between the two, and then discusses three basic contents of common good: justice, law and right. This chapter plays a bridging role. On the one hand, basic good changes to common good with the help of community, so that the theory of finnis could play in a broader domain; on the other hand, the discussion about the basic content of common good leads to the topic about natural right, which has the same meaning as human right to finnis, the traditional topic of natural law.The third chapter first briefly reviews the evolution of classical and modern natural right theory in two sections, and then introduces the viewpoint of finnis about natural right, and specially discusses the relationship between natural right and good. This chapter is the key of the thesis. Compared with the basic good and common good, finnis does not spend most words on the natural right. But I believe that, in this domain, especially his opinion of absolute right, finnis unfolds elegant demeanor unreservedly as a natural law scholar.The fourth chapter is the first three chapters'instantiation. From the problem of euthanasia and homosexuality, which has realistic significant extremely, to the theoretical struggle between law and moral, is helpful to understand the new theory of natural law and its application process directly.Certainly, the theory of finnis is by no means perfect. This thesis selects three representative viewpoints from critics, which are attached at the final of chapter, and I believe this will give us a more complete understanding of finnis. As the representative of the new theory of natural law, what is the flash viewpoint of finnis, and how does he maintain the tradition of natural law? Remaining concern with these two questions will be beneficial to read thesis well, and comprehend the attractive natural law theory of finnis better.
Keywords/Search Tags:Finnis, New theory of natural law, Basic good, Natural right
PDF Full Text Request
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