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/lp/oxford-university-press/natural-law-theory-new-and-old-WROW1OcAh2
- Publisher
- Oxford University Press
- Copyright
- © The Author(s) 2023. Published by Oxford University Press on behalf of University of Notre Dame. All rights reserved. For permissions, please email: journals.permissions@oup.com.
- ISSN
- 0065-8995
- eISSN
- 2049-6494
- DOI
- 10.1093/ajj/auad004
- Publisher site
- See Article on Publisher Site
Abstract
In the second edition of Natural Law and Natural Rights John Finnis observes that, whilst he expected criticism of his theory from positivists, he did not expect it from traditional natural law theorists who felt that the theory was insufficiently grounded in Aquinas’s doctrines. Finnis argued that the divergence was a mirage occasioned by his addressing topics out of the standard orders of treatment. This essay considers what Finnis’s theory would look like if placed back into Aquinas’s orders of treatment, and gauges the extent to which it conforms to Aquinas’s doctrines, and the extent to which it is divergent and “new.” This analysis may hopefully serve as a starting point for further study.
Journal
American Journal of Jurisprudence – Oxford University Press
Published: Feb 1, 2023
Keywords: John Finnis; Thomas Aquinas; Natural Law