Human Rights and Common Good: Collected Essays Volume III (Collected Essays of John Finnis)

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 The volume's previously unpublished papers include a foundational consideration of labor unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's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. 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, Foundational Discussions Of Migration Rights, National Boundaries, And The Rights Of Non-citizens, And A Challenging Paper On Virtue And The Constitution. The Volume Then Focuses On Central Problems In Modern Political Communities, Including 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, Nussbaum And Koppelman On Same-sex Relations, And Dummett And Weithman On Open Borders. The Volume's Previously Unpublished Papers Include A Fresh Statement Of A New Grounding For The Morality Of Sex, A Surprising Reading Of C.s. Lewis's Abolition Of Man On Genetic Control And Contraception, And An Introduction Focussing On The Ultimate Basis Of Equality And Human Rights. -- Publisher's Information. Pt. 1. Human Rights And Common Good: General Theory. Human Rights And Their Enforcement (1985) -- Duties To Oneself In Kant (1987) -- Rawls's A Theory Of Justice (1973) -- Distributive Justice And The Bottom Line (1979) -- Limited Government (1996) -- Virtue And The Constitution (2001) -- Migration Rights ( 1992) -- Boundaries (2003) -- Nationality And Alienage (2007) -- Pt. 2. Justice And Punishment. Hart's Philosophy Of Punishment (1968) -- The Restoration Of Retribution (1972) -- Retribution: Punishment's Formative Aim (1999) -- Pt. 3. War And Justice. War And Peace In The Natural Law Tradition (1996) -- Pt. 4. Autonomy, Euthanasia, And Justice. Euthanasia And Justice (1995) -- Economics, Justice, And The Value Of Life (1992) -- Euthanasia And The Law (1998) -- Pt. 5. Autonomy, Ivf, Abortion, And Justice. C.s. Lewis And Test-tube Babies (1984) -- The Rights And Wrongs Of Abortion (1973) -- Justice For Mother And Child (1993) -- Pt. 6. Marriage, Justice, And The Common Good. Marriage: A Basic And Exigent Good (2008) -- Law, Morality, And 'sexual Orientation' (1997) -- Sex And Marriage: Some Myths And Reasons (1997). John Finnis. Includes Bibliographical References And Index. 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. ## Abstract This volume collects twenty-two published and unpublished chapters on a variety of topics related directly to human rights, justice, and the common good. The first nine date from 1970 through to 2007. They begin with a study — in dialectic with Dworkin's earlier lecture on the same themes — of the bearing of contemporary legal and political theory on the incorporation of a declaration of rights and freedoms in British law. There follow chapters on place of rights, and of duties to oneself, in Kant's moral and legal theory and some contemporary interpreters of Kant; on the application classical conceptions of distributive justice to modern problems; on the emergence of the ideal of government limited by, inter alia, respect for human rights, and contemporary distortions of the ideal that are proposed by Rawls, Dworkin, and followers of theirs (not least in relation to marriage); on the place of civic virtues and respect for diverse persons in constitutional order; and two chapters on the great question of migration rights and the legitimacy of national boundaries preventing free and equal migration. Part Two groups three chapters on the justice of punishment, concluding with the mature statement of retribution's place as punishment's formative justifying aim, in engagement especially with Nietzsche's ‘genealogy of morals’. Part Three surveys just way theory in its historic development and current shape. Parts Four, Five, and Six each group three chapters: on autonomy, justice, and euthanasia; on autonomy, justice, and human reproduction; and on marriage in its relation to justice and the common good. "The collected essays of John Finnis brings together 106 papers, including nearly two dozen previously unpublished works. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy, the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the collected essays reveal the connections and coherence of the different branches of Finnis's work, showing the full picture of his philosophical contribution for the first time. Covering topics from self-refutation and discourse ethics to evolution and religion, and the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century"--Page 4, book jacket Reason in Action collects John Finnis's work on practical reason and moral philosophy. Ranging from foundational issues of meta-ethics to modern ethical debates, the essays trace the emergence and development of his new classical theory of natural law through close engagement with a broad range of contemporary thinkers and problems. This work collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; economic justice; and the justification of punishment v. 1. Reason in action -- -- v. 2. Intention and identity -- -- v. 3. Human rights and common good -- -- v. 4. Philosophy of law -- -- v. 5. Religion and public reasons.