- Title Pages
- Editors’ Preface
- Acknowledgments
- List of Abbreviations
- List of Contributors
- Introduction
- 1 Value: a Menu of Questions
- 2 Finnis on Well-being
- 3 Reasoning about the Human Good, and the Role of the Public Philosopher
- 4 On the Most Fundamental Principle of Morality
- 5 What is Natural Law Like?
- 6 Intention and Side Effects
- 7 Intention and Side Effects
- 8 John Finnis on Thomas Aquinas on Human Action
- 9 On Moral Philosophy and Kinds of Human Actions<sup>*</sup>
- 10 Finnis on Justice
- 11 Retributivism in the Spirit of Finnis<sup>*</sup>
- 12 The Nature of Limited Government
- 13 Pure Perfectionism and the Limits of Paternalism
- 14 ‘Lawful Mercy’ in <i>Measure for Measure</i>
- 15 The Basis for Being a Subject of Rights
- 16 Constitutional and Other Persons
- 17 Bioethics after Finnis
- 18 A New Father for the Law and Ethics of Medicine
- 19 Value, Practice, and Idea
- 20 The Irony of Law
- 21 Ideas of Easy Virtue
- 22 Law and Its Theory
- 23 Finnis on Legal and Moral Obligation
- 24 Constitutional Principle in the Laws of the Commonwealth
- 25 Intention and the Allocation of Risk
- 26 The Right to Religious Liberty and the Coercion of Belief
- 27 Natural Law and the Transcendent Source of Human Fulfillment
- 28 Reflections and Responses
- Bibliography of the Published Works of John Finnis
- Index Introductory Note
The Nature of Limited Government
The Nature of Limited Government
- Chapter:
- (p.186) 12 The Nature of Limited Government
- Source:
- Reason, Morality, and Law
- Author(s):
Leslie Green
- Publisher:
- Oxford University Press
This chapter explores the moral limits on state action: their sources, character, and stringency. It explains what is special about the liberal tradition of limited government: individuals and groups must have a protected sphere of action, and governments must respect legality. It argues, against Patrick Devlin, that the possible absence of absolute moral reasons against government intrusion in a sphere is consistent with justified absolute positive limits on intrusion. It argues, against John Finnis, that the fact that some associations (e.g., churches or universities) have intrinsically valuable ‘common goods’ does not entitle them to further immunity from government regulation. It concludes by suggesting why certain ‘natural law’ moralities have been considered unreasonably intrusive, for they neglect the significance of moral fallibility to a theory of limited government.
Keywords: authority, limited government, liberalism, natural law, rights, legality, Patrick Devlin, John Finnis, Henry David Thoreau
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- Title Pages
- Editors’ Preface
- Acknowledgments
- List of Abbreviations
- List of Contributors
- Introduction
- 1 Value: a Menu of Questions
- 2 Finnis on Well-being
- 3 Reasoning about the Human Good, and the Role of the Public Philosopher
- 4 On the Most Fundamental Principle of Morality
- 5 What is Natural Law Like?
- 6 Intention and Side Effects
- 7 Intention and Side Effects
- 8 John Finnis on Thomas Aquinas on Human Action
- 9 On Moral Philosophy and Kinds of Human Actions<sup>*</sup>
- 10 Finnis on Justice
- 11 Retributivism in the Spirit of Finnis<sup>*</sup>
- 12 The Nature of Limited Government
- 13 Pure Perfectionism and the Limits of Paternalism
- 14 ‘Lawful Mercy’ in <i>Measure for Measure</i>
- 15 The Basis for Being a Subject of Rights
- 16 Constitutional and Other Persons
- 17 Bioethics after Finnis
- 18 A New Father for the Law and Ethics of Medicine
- 19 Value, Practice, and Idea
- 20 The Irony of Law
- 21 Ideas of Easy Virtue
- 22 Law and Its Theory
- 23 Finnis on Legal and Moral Obligation
- 24 Constitutional Principle in the Laws of the Commonwealth
- 25 Intention and the Allocation of Risk
- 26 The Right to Religious Liberty and the Coercion of Belief
- 27 Natural Law and the Transcendent Source of Human Fulfillment
- 28 Reflections and Responses
- Bibliography of the Published Works of John Finnis
- Index Introductory Note
