- 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
Value, Practice, and Idea
Value, Practice, and Idea
- Chapter:
- (p.310) (p.311) 19 Value, Practice, and Idea
- Source:
- Reason, Morality, and Law
- Author(s):
N.E. Simmonds
- Publisher:
- Oxford University Press
The relationship between social institutions and the domain of reason and value is poorly understood. One part of the problem springs from a tendency to think of values as radically independent of social practice, rather than acknowledging the extent to which they must be found within our forms of association. The practices of law are not attempts to realize values that can be conceived of independently of the practices in question: rather, the values are expressed within the practices. Legal positivists have attempted to capture the close association between law and value by arguments concerning law's ‘claims’ or law's ‘aims’, but such endeavours are unsuccessful.
Keywords: practice, value, law, morality, rule of law, common good
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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
