Philosophy of Law: Collected Essays Volume IV (Collected Essays of John Finnis)

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 Previously unpublished papers include two on critical or post-modern legal theory, and an introduction reflecting on legal philosophy's development and future. 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 Over Twenty 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; The Architecture Of Blackstone's Commentaries; Restitution In Civil Wrongs; And Many Other Aspects Of Law And Legal Theory. Previously Unpublished Papers Include Two On Critical Or Post-modern Legal Theory - One On Analogical Reasoning In Law, And A Survey Of Legal Philosophy's History And Current Of Development. An Introduction Carries Forward The Debate With His Contemporaries, And The Reflections On How Legal Philosophy Got To Where It Is -- Publisher's Information. Pt. 1. Foundations Of Law's Authority. Describing Law Normatively (2003) -- Law's Authority And Social Theory's Predicament (1984) -- Law As Coordination (1989) -- Positivism And 'authority' (1987) -- P. 2. Theories And Theorists Of Law. A Grand Tour Of Legal Theory (2002) -- Legal Philosophy: Roots And Recent Themes (1998) -- The Truth In Legal Positivism (1996) -- Blackstone's Theoretical Intentions (1967) -- Weber, Objectivity, And Legal-rational Authority (1985) -- On Hart's Ways: Law As Reason And As Fact (2007) -- Hart As A Political Philosopher (2009) -- Reason And Authority In Law's Empire (1987) -- Critical Legal Studies (1985) -- 'legal Liberalism' Or Liber Et Legalis? (1986) -- Individuals, Communities, And Postmodernism: Some Notes (1995) -- Pt. 3. Legal Reasoning. Allocating Risks And Suffering: Some Hidden Traps (1990) -- Practical Reasoning In Law: Some Clarifications (1990) -- Rights: Their Logic Restated (1972) -- Analogical Reasoning In Law (1994) -- Adjudication And Legal Change (1999) -- Pt. 4. The Two Senses Of 'legal System.' Revolutions And Continuity Of Law (1971) -- Just Votes For Unjust Laws (2004). John Finnis. Includes Bibliographical References (p. [479]-488) And Index. Cover 1 Contents 8 List of Abbreviations 10 The Cover Picture 12 Note 13 Introduction 14 Part One: Foundations of Law’s Authority 34 1. Describing Law Normatively (2003) 36 2. Law’s Authority and Social Theory’s Predicament (1984) 59 3. Law as Coordination (1989) 79 4. Positivism and ‘Authority’ (1987) 87 Part Two: Theories and Theorists of Law 102 5. A Grand Tour of Legal Theory (2002) 104 6. Legal Philosophy: Roots and Recent Themes (1998) 170 7. The Truth in Legal Positivism (1996) 187 8. Blackstone’s Theoretical Intentions (1967) 202 9. Weber, Objectivity, and Legal-Rational Authority (1985) 224 10. On Hart’s Ways: Law as Reason and as Fact (2007) 243 11. Hart as a Political Philosopher (2009) 270 12. Reason and Authority in Law’s Empire (1987) 293 13. Critical Legal Studies (1985) 312 14. ‘Legal Liberalism’ or Liber et Legalis? (1986) 333 15. Individuals, Communities, and Postmodernism: Some Notes (1995) 340 Part Three: Legal Reasoning 348 16. Allocating Risks and Suffering: Some Hidden Traps (1990) 350 17. Practical Reasoning in Law: Some Clarifications (1990) 366 18. Rights: Their Logic Restated (1972) 388 19. Analogical Reasoning in Law (1994) 402 20. Adjudication and Legal Change (1999) 410 Part Four: The Two Senses of ‘Legal System’ 418 21. Revolutions and Continuity of Law (1971) 420 22. Just Votes for Unjust Laws (2004) 449 Bibliography of the Works of John Finnis 480 Other Works Cited 492 Acknowledgements 502 Index 504 A 504 B 506 C 507 D 509 E 510 F 510 G 511 H 512 I 513 J 513 K 514 L 515 M 515 N 516 O 517 P 517 Q 518 R 518 S 519 T 520 U 521 V 521 W 521 X 522 Y 522 Z 522 "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 ## Abstract This volume collects twenty-two chapters, grouped in four parts. These include two recent appreciations and critiques of Hart's legal and political theories; a thorough appreciation and critique of Dworkin's Law's Empire, and of Raz's theory of authority and coordination; and critiques of John Gardner on legal positivism and of Jules Coleman and Brian Leiter on positivism and naturalism. Aquinas is celebrated as founder of a sound account of law's positivity. Weber's accounts of the fact-value distinction, and of legitimation, Unger's theory of indeterminacy in law, Posner's law and economics and mishandling of intention, Kelsen's (and the courts') struggles with revolution, Hohfeld's misinterpreters on rights, Blackstone's architecture of the law, and John Paul II on legitimately enacting unjust laws are all subjects for detailed studies. One very long chapter and one short one survey the sweep of legal theory's history and main elements. 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 volume of John Finnis's collected essays shows the full range and power of his contributions to the philosophy of law. The volume collects over 20 papers on the foundations of law's authority; major theories and theorists of law; legal reasoning ; revolutions, rights and law; and much more 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.