John Finnis and New Natural Law — the seven basic goods
Exam Snapshot
John Finnis's "New Natural Law" theory, presented in his landmark 1980 book Natural Law and Natural Rights, modernized classical natural law. He bypassed theological explanations to argue that law must serve seven self-evident, irreducible "basic goods" crucial for human flourishing. Candidates must master these seven goods, the concept of incommensurability, and the requirements of practical reasonableness.
Core Concept
Unlike traditional natural law (which derived moral laws from biological nature or divine command), John Finnis argued that moral values are self-evident to human reason. He formulated a secular, analytical version of natural law built on two core pillars:
1. The Seven Basic Goods
These are the universal forms of human flourishing. They are pre-moral, self-evident (not needing proof), and equally important (incommensurable):
- Life: The drive for self-preservation, physical health, and freedom from bodily harm.
- Knowledge: Pursuing truth and intellectual curiosity for its own sake, not just for utility.
- Play: Recreational performances, sports, or games enjoyed solely for their execution.
- Aesthetic Experience: The appreciation of beauty in art, nature, or human creations.
- Sociability (Friendship): Establishing peaceful relations, harmony, and acting for the well-being of others.
- Practical Reasonableness: Using one's intelligence to guide choices, actions, character, and lifestyle.
- Religion (Transcendence): Raising questions about cosmic order, ultimate origins, and human destiny.
2. The Nine Requirements of Practical Reasonableness
To transition from identifying these basic goods to making actual moral and legal decisions, Finnis proposed nine rules of practical reasoning:
- Having a coherent plan of life.
- No arbitrary preference among the seven basic goods.
- No arbitrary preference among persons (treating others as equals).
- Maintaining detached impartiality (not obsessing over one life plan).
- Remaining committed to your life plan.
- Pursuing efficiency within reason (the limited relevance of consequences).
- Respect for every basic value in every act (the end does not justify violating a basic good).
- Favouring and fostering the common good of one's community.
- Following one's own conscience.
Nepal Law Anchors
While John Finnis wrote from a Western analytical standpoint, his theory is reflected in the constitutional architecture of Nepal:
- Preamble of the Constitution of Nepal: The commitments to human rights, rule of law, and social justice align directly with Finnis's eighth requirement of "fostering the common good."
- Part 3 (Fundamental Rights): The Constitution legalizes Finnis's basic goods. For instance, Article 16 (Right to Live with Dignity) corresponds to Life; Article 31 (Right to Education) corresponds to Knowledge; and Article 26 (Right to Religious Freedom) corresponds to Religion.
Confusable Terms
| Concept | John Finnis (New Natural Law) | Thomas Aquinas (Traditional Natural Law) | Legal Positivism (Hart/Austin) |
|---|---|---|---|
| Source of Morality | Self-evident practical reason (secular). | Divine reason, eternal law, and theology. | Morality is separate from the concept of valid law. |
| Derivation | Rejects "is-ought" fallacy; values are independent of natural facts. | Derives "ought" (moral rules) from "is" (human nature and teleology). | Law is a social fact derived from sovereign command or rules. |
| Basic Goods | Seven specific, incommensurable human goods. | Inclinations toward good guided by natural inclinations and eternal law. | No predefined "goods"; legal validity depends on systemic pedigree. |
MCQ Traps
- Trap: Hierarchy of Goods: MCQs may ask which of the seven goods is the most important. Correct Frame: None. Finnis explicitly states that the seven basic goods are incommensurable (equally fundamental; none can be reduced to or ranked systematically below another).
- Trap: Definition of Religion: A question might suggest Finnis's "Religion" refers exclusively to institutionalized worship. Correct Frame: No, "Religion" in Finnis's context refers broadly to any inquiry into cosmic order, ultimate meaning, or a transcendent source of reality.
- Trap: Derivation of Values: Positivists claim natural law commits the "naturalistic fallacy" (deriving moral values from natural facts). Correct Frame: Finnis is famous for avoiding this. He asserts that the basic goods are pre-moral and self-evident directly to human reason, not derived from any scientific observation of nature.
Example
If a state decides to build a massive industrial factory, it directly promotes Life (via economic survival and physical resources) but might destroy the natural landscape. Under Finnis's 7th rule of practical reasonableness, the state cannot completely sacrifice one basic good (like Aesthetic Experience or another person's Life/Health) solely to maximize another. Law must act as a framework where all citizens can harmoniously pursue all seven basic goods without arbitrary exclusion.
Memory Hook
Recall the seven goods with the acronym L-K-P-A-S-P-R:
Let Kids Play Always, Some Prefer Reading.
- Life
- Knowledge
- Play
- Aesthetic Experience
- Sociability (Friendship)
- Practical Reasonableness
- Religion
Quick Revision
- The Text: Published in Natural Law and Natural Rights (1980).
- Is-Ought Fallacy: Finnis successfully insulated natural law from David Hume's classic critique by declaring basic values to be self-evident rather than derived from physical facts.
- Incommensurability: The 7 goods cannot be measured against one another on a single scale.
- Common Good: The objective of law is to secure a state of affairs where all members of a community can collaborate to realize their basic values.
- Rule of Law: Finnis views the Rule of Law as a requirement of practical reasonableness, functioning to secure predictability and dignity.