Intention and Identity: Collected Essays Volume II (Collected Essays of John Finnis)

## Abstract This volume contains nineteen published and unpublished chapters from 1987 to 2009. They are grouped into four parts. The chapters in the first part examine the ways in which being a person grounds the equality of all human beings, acknowledged as law's point even in Roman law and, rather shakily, in modern legal theory (Kelsen, Hart, Dworkin); legal rules can be seen as relationships between persons; persons are primary bearers of meaning and objects of legal interpretation, various aspects of personal identity (both natural and acquired by self-determination) are depicted by Aquinas and Shakespeare (better than Locke); and the reality of human spirit and dignity was vindicated by Elizabeth Anscombe's account of even simple physical gestures. Part Two groups four chapters. The first two carefully analyse what is involved in any group's acting and, consequently, its existence as a group, taking off from Hart's and Dworkin's inconclusive discussions of corporate persons, Honoré's showing of the importance of links and interaction, Thomas Nagel's attempt to distinguish public from private morality, and Scruton's elaborate discussion of corporate persons. The second two seek to show the importance and conditions for nations and national identity, in the face of arguments for a cosmopolitan morality, and of Dworkin's and Raz's arguments about respect and insult. Part Three is the longest part and the seven chapters include close studies of the idea of intention (and of willing, more generally) in Aquinas (poorly understood by many modern theologians, but centre on equally close analysis of intention (including conditional intention) in recent English criminal law, in Anglo-American law of torts, in recent English anti-discrimination law, and more generally. Part Four is about individuality or identity in early human embryonic existence, and in the severely injured conditions often called ‘brain death’ (as discussed by Peter Singer) or, less severe, ‘permanent vegetative syndrome’ (as judicially discussed in Bland). This volume contains nineteen published and unpublished chapters from 1987 to 2009. They are grouped into four parts. The chapters in the first part examine the ways in which being a person grounds the equality of all human beings, acknowledged as law's point even in Roman law and, rather shakily, in modern legal theory (Kelsen, Hart, Dworkin); legal rules can be seen as relationships between persons; persons are primary bearers of meaning and objects of legal interpretation, various aspects of personal identity (both natural and acquired by self-determination) are depicted by Aquinas and Shakespeare (better than Locke); and the reality of human spirit and dignity was vindicated by Elizabeth Anscombe's account of even simple physical gestures. Part Two groups four chapters. The first two carefully analyse what is involved in any group's acting and, consequently, its existence as a group, taking off from Hart's and Dworkin's inconclusive discussions of corporate persons, Honoré's showing of the importance of links and interaction, Thomas Nagel's attempt to distinguish public from private morality, and Scruton's elaborate discussion of corporate persons. The second two seek to show the importance and conditions for nations and national identity, in the face of arguments for a cosmopolitan morality, and of Dworkin's and Raz's arguments about respect and insult. Part Three is the longest part and the seven chapters include close studies of the idea of intention (and of willing, more generally) in Aquinas (poorly understood by many modern theologians, but centre on equally close analysis of intention (including conditional intention) in recent English criminal law, in Anglo-American law of torts, in recent English anti-discrimination law, and more generally. Part Four is about individuality or identity in early human embryonic existence, and in the severely injured conditions often called ‘brain death’ (as discussed by Peter Singer) or, less severe, ‘permanent vegetative syndrome’ (as judicially discussed in Bland ) "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 essays show the power of a sometimes neglected aspect of the new classical theory of natural law. The volume includes previously unpublished essays 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 nature of human spirit, and on the changes in his thinking about personal reality and about how intention is to be analysed and understood, and its moral significance for individuals and groups appreciated. ."--Publisher's information The essays in Intention and Identity explore themes in Finnis' 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 analyzed and understood and its moral significance appreciated. 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. 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 Cover 1 Contents 8 List of Abbreviations 10 The Cover Picture 12 Introduction 14 Part One: Nature and Freedom in Personal Identity 30 1. The Priority of Persons (2000) 32 2. Personal Identity in Aquinas and Shakespeare (2005) 49 3. Anscombe on Spirit and Intention (2009) 82 Part Two: Group Identity and Group Acts 92 4. Purposes, Public Acts, and Personification (1987) 94 5. Persons and Their Associations (1989) 105 6. Law, Universality, and Social Identity (2007) 113 7. Cosmopolis, Nation States, and Families (2008) 135 Part Three: Acts and Intentions 144 8. Human Acts (1987) 146 9. Intentions and Objects (1991) 165 10. Intention and Side Effects (1991) 186 11. Intention in Tort Law (1995) 211 12. Conditional and Preparatory Intentions (1994) 233 13. ‘Direct’ and ‘Indirect’ in Action (2001) 248 14. Intention in Direct Discrimination (2010) 282 Part Four: Persons Beginning and Dying 290 15. Organic Unity, Brain Life, and Our Beginning (1988) 292 16. When Most People Begin (1993) 300 17. On Producing Human Embryos (2000) 306 18. Brain Death and Peter Singer (1998) 315 19. Intentionally Killing the ‘Permanently Unconscious’ (1993) 326 Bibliography of the Works of John Finnis 336 Other Works Cited 348 Acknowledgements 356 Index 358 A 358 B 360 C 361 D 363 E 364 F 364 G 365 H 366 I 367 J 367 K 368 L 369 M 369 N 370 O 371 P 371 Q 372 R 372 S 373 T 374 U 375 V 375 W 375 X 376 Y 376 Z 376 "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. Intention and Identity presents John Finnis's accounts of personal existence; group identity and common good; and the moral significance of personal intention. Joining conceptual analysis with ethical problems surrounding the beginning and end of life, the papers show the power of a neglected aspect of Finnis's natural law theory. This work presents John Finnis's accounts of personal existence ; group identity and common good; and the moral significance of personal intention. Joining conceptual analysis with ethical problems surrounding the beginning and end of life, the papers show the power of a neglected aspect of Finnis's natural law theory 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.