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Reason, Morality, and LawThe Philosophy of John Finnis$
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John Keown and Robert P. George

Print publication date: 2013

Print ISBN-13: 9780199675500

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199675500.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 January 2021

Law and Its Theory

Law and Its Theory

A Question of Priorities

(p.361) 22 Law and Its Theory
Reason, Morality, and Law

Julie Dickson

Oxford University Press

This chapter explores certain aspects of Finnis' views on law and its theory. It is organized as follows. Section II outlines an important and challenging duality in law's nature, and discusses those aspects of Finnis' views which attempt to do justice to it. Section III lays out and begins to analyse several different senses of explanatory priority which play important roles in various legal theorists' understanding of law and of jurisprudential methodology. Section IV discusses Finnis' position in respect of these priorities, and critically analyses the consequences of his views as regards his attempts to do justice to various aspects of law's nature.

Keywords:   John Finnis, nature of law, legal theory, jurisprudence

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