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):

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:

  1. Having a coherent plan of life.
  2. No arbitrary preference among the seven basic goods.
  3. No arbitrary preference among persons (treating others as equals).
  4. Maintaining detached impartiality (not obsessing over one life plan).
  5. Remaining committed to your life plan.
  6. Pursuing efficiency within reason (the limited relevance of consequences).
  7. Respect for every basic value in every act (the end does not justify violating a basic good).
  8. Favouring and fostering the common good of one's community.
  9. 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:

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

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.

Quick Revision