Open AccessAnti-metaphysical foundation of contemporary theory of natural law: Theory of law and practical rationality in works of John Mitchel Finnis
Author(s) -
Dejan Vuk Stanković
Publication year - 2017
Publication title -
theoria
Language(s) - English
Resource type - Journals
eISSN - 2406-081X
pISSN - 0351-2274
DOI - 10.2298/theo1701005s
Subject(s) - epistemology , metaphysics , rationality , natural law , legal positivism , philosophy , philosophy of law , natural order , positive law , positivism , law , argument (complex analysis) , sociology , black letter law , comparative law , private law , political science , biochemistry , chemistry
The contemporary natural law theory was grounded in the philosophical and the jurisprudential work of Australian legal and moral philosopher John Mitchell Finnis. He reaffirmed the natural law and also corrected some of false notions about it which were dominant through the history of legal philosophy. Finnis moral and legal philosophy could be understood by the specific theoretical figure - moral argument for law. This theoretical concept implies unity of two mutually connected moments which are necessary for a philosophical treatment of any socially relevant phenomena: methodological and epistemological as well as practical. The meeting point of these two philosophically relevant dimensions is theory of practical rationality exposed in the philosophy of John Mitchell Finnis. By grounding his concept of natural law on the theory of practical rationality, John Finnis historically contextualize it. He made some sort of specific anti metaphysical concept of natural law theory that is alternative to the classical natural law as well as to the legal positivism, which mainly exposed in the legal theories of Hans Kelsen and H.L.A Hart.