John (Professor of Law and Legal Philosophy at Oxford University and Professor of Law at the University of Notre Dame) Finnis – författare
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3 produkter
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The essays in Intention and Identity explore themes in Finnis's work touched on only lightly, if at all, in Natural Law and Natural Rights, developing profound accounts of personal identity and existence; group identity and common good; and intention and choice as action- and self-shaping. In his many-faceted study of what it is to be a human person, and a human community, Finnis not only engages with contemporary philosophers and bioethicists such as Peter Singer, Michael Lockwood and John Harris, with thinkers from other traditions such as Karol Wojtyla (John Paul II), and with judges in the highest courts. He also offers illuminating and deeply considered readings of Shakespeare and Aquinas, and debates with Roger Scruton, Joseph Raz, Hans Kelsen, John Rawls, Glanville Williams, Richard Posner, Ronald Dworkin and others. The role of intention in the criminal law and the law of civil wrongs is searchingly explored through case-law, as are judicial attempts to understand conditional and preparatory intentions. Moral or bioethical issues discussed include in vitro fertilization, cloning, abortion, euthanasia, and 'brain death', patriotism, multi-culturalism and immigration. The papers show the power of a sometimes neglected aspect of the new classical theory of natural law. The volume includes previously unpublished papers on whether brain life is relevant to the beginning of a person's life, on its relevance to the end of one's life, and a substantial introduction in which John Finnis reflects on the changes in his thinking on personal reality and on how intention is to be analysed and understood and its moral significance appreciated.
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This central volume in the Collected Essays brings together John Finnis's wide-ranging contribution to central issues in political philosophy. The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights -- a searching critique of Ronald Dworkin's moral-political arguments and conclusions, of the European Court of Human Rights' approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant's thought on the intersection of law, right, and ethics. Other papers in the book's opening section include an early assessment of Rawls's A Theory of Justice, a radical re-interpretation of Aquinas on limited government and the significance of the private/public distinction, and a challenging paper on virtue and the constitution. The volume then focuses on central problems in modern political communities, including the achievement of justice in work and distribution; the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman's right to choose, Habermas on abortion, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders. The volume's previously unpublished papers include a foundational consideration of labour unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's Abolition of Man on contraception, and an introduction reviewing some of the remarkable changes in private and public morality over the past half-century.
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John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects nearly thirty papers: on the foundations of law's authority; major theories and theorists of law; legal reasoning; revolutions, rights and law; and the logic of law-making. The essays collected include Finnis' recent appreciations and root-and-branch critiques of Hart's legal and political theories, his engagements with other central figures and works in the field, including Dworkin's Law's Empire; Raz on authority and coordination; Coleman, Leiter and Gardner on legal positivism and naturalism; Aquinas as founder of legal positivism; Weber on the fact-value distinction and legitimation; Unger on indeterminacy in law; Posner on intention and economics; Kelsen and courts on revolutions; game-theory and rational-choice theory; with misinterpreters of Hohfeld on rights logic; John Paul II on voting for unjust laws; analogy's role in legal reasoning; the distribution of constitutional authority in the Empire and its dissolution; the judicial opportunism of separation of powers doctrine in the Australian constitution; the architecture of Blackstone's Commentaries; restitution in civil wrongs; and many other aspects of law and legal theory. Several papers bring to bear his extensive work as a constitutional adviser and lawyer on persistent problems of constitutional theory. Previously unpublished papers include two on critical or post-modern legal theory, and an introduction reflecting on legal philosophy's development and future.