The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex couples (...) and sterile heterosexual couples. The NNLs believe that it is a necessary condition for two people’s being morally and legally entitled to get married that they be able to perform sexual acts that are “suited to procreating.” But sterile heterosexual couples are incapable of performing such acts. Therefore, it should follow from the NNLs’ own premises that sterile heterosexual couples are not entitled to marry. But the NNLs do not draw this conclusion. Instead, they maintain that sterile heterosexuals can marry while denying that the same is true of same-sex couples. The sterility objection claims the NNLs are being inconsistent in treating the two kinds of couples differently. Although the sterility objection has been endorsed by recent critics, I don’t think it has yet been adequately defended. The NNLs have responded by arguing that there is a sense in which the sex acts of sterile heterosexual couples are as suited to reproduction as those of fertile heterosexuals. Thus they maintain that the distinction they draw between the two kinds of couple has a rational basis. A successful defense of the sterility objection must show that this response on the part of the NNLs fails. Such is the task I undertake in this paper. I argue that the NNLs’ response fails because acts of penile-vaginal intercourse between sterile heterosexuals lack the actual causal power to produce conception that sexual acts need to be considered truly reproductive, and because their assumption that penile-vaginal intercourse always functions reproductively is bad biology. (shrink)

The presence of a human being/organism—a living human ‘whole’, with the defining tendency to promote its own welfare—has value in itself, as do the functions which compose it. Life is inseparable from health, since without some degree of healthy functionality the living whole would not exist. The value of life differs both within a single life and between lives. As with any other form of human flourishing, the value of life-and-health must be distinguished from the moral importance of human beings: (...) less fulfilled means not less important morally, but more in need of being fulfilled. That said, to say that life and health has value is not to say exactly what—if anything—that value requires by way of active promotion at a given time. Many factors must be taken into account in making health care decisions, even if the worth of all lives, and the dignity of all human beings, must in every case be acknowledged. (shrink)

Jonathan Dancy, who defends a version of moral particularism, is committed to the view that any feature or reason for action might, in logical terms, have a positive moral valence in one context, a negative moral valence in a different context, and no moral valence at all in yet another context. In my paper, I attempt to demonstrate that, despite the denial by Dancy that proposed grounding properties with invariant moral valences may play a foundational role in morality, his own (...) approach toward moral reasoning unknowingly assumes such foundational grounding properties. I argue that Dancy's moral particularism is unknowingly directed toward moral absolutism, and, in making that argument, uncover reasons, admittedly inconclusive, to favor an absolutist ethic. (shrink)

Some philosophers have maintained that even if John R. Searle’s attempted derivation of an evaluative proposition from purely descriptive premises is successful, moral ought would not have been derived. Searle agrees. I will argue that if Searle has successfully derived “ought,” then, based on various approaches taken towards the content of “morality,” this is moral ought. I will also trace out some of the benefits of a successful derivation of moral ought in relation to natural law ethics. I sketch a (...) possible derivation of moral obligations based on one of the basic goods in natural law ethics (i.e., friendship) that resembles Searle’s attempted derivation of an individual’s obligation to keep her promise to someone else. I also sketch a possible derivation of moral obligations based on another of the basic goods in natural law ethics – knowledge. This derivation may not parallel Searle’s attempted derivation as closely as the derivations based on friendship, but it seems to at least involve the derivation of moral obligations from all non-moral premises. (shrink)

I attempt to identify a problem running through the foundation of R. M. Hare’s ethical prescriptivism and the more recent sentimentalism/ethical expressivism of Simon Blackburn. The non-cognitivism to which Hare and Blackburn’s approaches are committed renders them unable to establish stable contents for basic moral principles and, thus, incapable of conducting a logical analysis of moral terms or statements. I argue that objective-descriptive- natural ethical theories are in a much better position to provide a satisfying account of the logical analysis (...) of moral terms or statements. Such ethical theories can arrive at basic moral principles with stable contents, thus paving the way for the kind of descriptive approach that can accommodate stable truth conditions. This, in turn, provides stable grounds for the logical analysis of moral terms and statements. (shrink)

El objetivo principal de este artículo es diseñar un método para detectar qué cosas pueden considerarse “evidentes”. Comienza analizando cómo se ha entendido la evidencia en la tradición aristotélica y tomista hasta nuestros días. Después del estudio histórico, en el Capítulo III se procede a realizar un análisis sistemático de la noción de evidencia y sus clases. En este trabajo se descubren diez características que aparecen en las cosas evidentes (en las ideas, en los primeros principios, nociones más básicas, pruebas, (...) etc.). Definidas estas diez características, la forma de diseñar una prueba de evidencia resulta fácil. El Capítulo IV hace esto: primero se diseña un test negativo, que muestra que algún argumento no es evidente, y luego un test positivo, que indica que alguna idea, principio, prueba, etc. parece ser evidente. Terminamos este trabajo con algunas consideraciones sobre cómo este test-dual puede funcionar en la ciencia del derecho. (shrink)

One contested moral commitment shared by the American Medical Association and American Nurses Association has to do with the place of conscience in the practice of medicine. These organizations, each in their own way, urge their respective members to engage in careful moral discernment regarding their professional life, and they assert the existence of an obligation on the part of others to respect the conscientious objections of healthcare professionals and to accommodate objecting individuals. Yet despite the value that these organizations (...) place on conscience and objector rights, these organizations do not offer elaborate philosophical defenses of their positions. This shortcoming is exposed by the light of contemporary philosophical challenges to conscience-friendly policies. What such challenges demand is a philosophical defense of these organizations’ moral commitments and corresponding policy recommendations. The point of this article is to indicate how the Catholic philosophical tradition’s account of the nature and importance of conscience can philosophically underwrite these organizations’ conscience-related principles and practices. It can be seen, then, that the Catholic tradition is far from inimical to the contemporary practice of medicine and that, on the contrary, this tradition offers philosophically serious grounds on which to rest some of the most morally significant values and guidelines endorsed by these contemporary health-professional organizations and their members. (shrink)

As Alan Wood has recently pointed out, there is "a long and strong philosophical traditionthat parcels out cognitive tasks to human faculties in such a way that belief is assigned to the will".1 Such an approach lends itself to addressing the ethics of belief as an extension of practical ethics. It also lends itself to a treatment of reasons for belief that is an extension of its treatment of reasons for action, for our awareness of reasons for action provides the (...) framework within which we make reasonable, and hence morally acceptable, choices. One who holds that agents can make reasonable (and unreasonable) choices in relation to our "cognitive tasks" should, then, also expect that those choices occur in a framework established by our apprehension of reasons for belief. This paper seeks to articulate what an extension of an account of reasons for actions to an account of reasons for belief would look like. I also make some suggestions as to how the ethics of belief might parallel practical ethics. (shrink)

There are two perspectives available from which to understand an agent's intention in acting. The first is the perspective of the acting agent: what did she take to be her end, and the means necessary to achieve that end? The other is a third person perspective that is attentive to causal or conceptual relations: was some causal outcome of the agent's action sufficiently close, or so conceptually related, to what the agent did that it should be considered part of her (...) intention? Recent goods based views in ethics are divided as to whether only the first person perspective, or a mix of both perspectives, are necessary to understand intention and action. But resolution of the issue is necessary if goods based views are to be able to deploy to principle of double effect; for that principle requires an account of how to distinguish what is genuinely a matter of intention in human action from what is not. I argue that the pure first person account is better than the mixed account. (shrink)

RÉSUMÉ: Je discute dans le présent article le concept de vertu naturelle chez Aristote et Thomas d’Aquin. J’analyse l’idée de Thomas d’Aquin de vertus qui sont naturelles à tous les être humains en m’aidant de la théorie contemporaine de la loi naturelle; et je défends son idée de vertus qui sont naturelles à certains êtres humains en discutant quelques problèmes en éthique contemporaine de la vertu et en comparant ses conceptions à celles de David Hume. Finalement, je recours au concept (...) de vertu naturelle pour examiner la question de l’unité des vertus et le problème du «courageux meurtrier nazi». Je comprends cette exploration du thème de la vertu naturelle comme une contribution à la réflexion sur la vertu en général et, plus particulièrement, au débat entre une éthique de la vertu et une éthique des principes. (shrink)

RésuméJe discute dans le présent article le concept de vertu naturelle chez Aristote et Thomas d'Aquin. J'analyse l'idée de Thomas d'Aquin de vertus qui sont naturelles à tous les être humains en m'aidant de la théorie contemporaine de la loi naturelle; et je défends son idée de vertus qui sont naturelles à certains êtres humains en discutant quelques problèmes en éthique contemporaine de la vertu et en comparant ses conceptions à celles de David Hume. Finalement, je recours au concept de (...) vertu naturelle pour examiner la question de l'unité des vertus et le problème du «courageux meurtrier nazi». Je comprends cette exploration du thème de la vertu naturelle comme une contribution à la réflexion sur la vertu en général et, plus particulièrement, au débat entre une éthique de la vertu et une éthique des principes. (shrink)

This paper addresses the justice of national self-determination claims and defends a right to self-determination rendered as both a primary right, meaning that it does not require grievances or injustices, and a prima facie right, meaning that it is defeasible by the presence of injustices or the prospect of baneful consequences. The paper’s distinct contribution lies in the ground of this right, arguing that autonomy is not alone sufficient and that a better grounding can be found in a common civic (...) life, understood as a species of the basic good of interpersonal harmony. This basic good, and the norm of self-determination that protects it, rest on the foundation of natural law. The paper manifests the collection’s focus on liberty and security by exploring the claims for liberty proffered by a group desiring collective political autonomy, claims that bear upon the security of the group’s members, the security and liberty of minorities and of people liable to be subjected to illiberal practices, and the security of all who would experience war and violence in conflicts over self-determination. (shrink)

In this article I consider the respective merits of three interpretations of divine command theory. On DCT1, S’s being morally obligated to φ depends on God’s command that S φ; on DCT2, that moral obligation depends on God’s willing that S be morally obligated to φ; on DCT3, that moral obligation depends on God’s willing that S φ. I argue that the positive reasons that have been brought forward in favor of DCT1 have implications theists would find disturbing and that (...) the positive reasons brought forward in favor of DCT2 support only a weak formulation of DCT2 that is indistinguishable from other theistic moral theories. DCT3 is, however, a distinctive theory that theists have strong reasons to affirm. (shrink)

In this essay, I outline fundamental anthropological and moral principles related to human sexuality and gender identity and then apply these principles to analyze and evaluate the views of several authors who attempt to carve out a “middle way” between liberal and traditionalist approaches to these issues. In doing so, I engage especially with the claim that gender dysphoria, rather than being a psychological issue, is a type of biological intersex condition in which one’s “brain sex” is out of line (...) with one’s genital and chromosomal sex. I argue that understanding the human person as a unity of body and soul and recognizing human sexuality as ordered toward the human good of marriage understood as inseparably unitive and procreative reveals the flaws in this position and helps to show why hormonal or surgical gender reassignment therapy is not a medically or ethically appropriate response to gender dysphoria. I also offer an alternative characterization of gender dysphoria and suggestions for responding with true compassion to those who suffer from it. (shrink)

Alasdair MacIntyre asks, if all individuals are in fact potential authorities of natural law and agree on its fundamentals, how can we explain manifest moral disagreement? Contemporary Thomistic natural law theorists have not attempted to address this particular issue to a significant degree. MacIntyre, taking this large-scale rejection seriously, focuses on the communal factors that allow individuals to recognize their need for and commitment to Thomistic natural law. By doing so, he attempts to give reasons for why we should expect (...) natural law to be widely denied in contemporary society. In this paper, I argue that MacIntyre’s approach to natural law is capable of accounting for the seemingly paradoxical claim that these per se nota first principles of natural law might suffer apparent widespread rejection. Moreover, I will argue that MacIntyre’s account is also capable of explaining why we should actually expect such rejection to occur. (shrink)

Resumen Según autores como Grisez y Finnis, la teoría clásica de la ley natural es inmune a la crítica contenida en el argumento de la ley de Hume, porque aquella teoría no aspira a derivar la ética de la metafísica, ni los enunciados prácticos de enunciados fácticos. La autonomía de la razón práctica, sostienen estos autores, permite una explicación de la teoría de la ley natural que no exige ningún recurso a la metafísica o a cualquier otro conocimiento teórico de (...) la naturaleza. Esta tesis ha sido fuertemente discutida por autores vinculados al neo-tomismo que niegan la validez de la regla lógica expresada en la ley de Hume y, a la vez, afirman que la teoría tomista de la ley natural sólo se sostiene sobre sus fundamentos metafísicos. Esta discusión, sin embargo, es manifestativa de la equivocidad con que unos y otros han recibido la ley de Hume, y de la falta de análisis sobre sus supuestos y sobre el modo en que tales supuestos dialogan con la tradición clásica del iusnaturalismo.According to authors such as Grisez and Finnis, the classical theory of natural law is immune to the criticism contained in Hume’s law argument, because that theory does not pretend to derive ethics from metaphysics, nor practical statements from factual statements. These authors argue that the autonomy of practical reason allows an explanation of the theory of natural law, which does not require any recourse to metaphysics or any other theoretical knowledge of nature. This thesis has been strongly contested by authors linked to neo-Thomism, who deny the validity of the logical rule expressed in Hume’s law and, at the same time, affirm that the Thomistic theory of natural law can only be sustained on its metaphysical foundations. This discussion, however, is indicative of the ambiguity with which they have received Hume’s law, and of the lack of analysis on the assumptions of such law and on the way in which such assumptions dialogue with the classical tradition of natural law. (shrink)

Deanna Kuhn's theory of informal argumentation (1991) evaluates arguments according to a theory/evidence model where subjects first articulate a theory and then must provide critical testing of alternatives on the basis of evidence. Using this model, Kuhn reports that many subjects fail to supply adequate evidence for their 'theories' and are often unable or unwilling to generate alternatives. In this paper an account of practical reasoning is provided that suggests an alternate interpretation for Kuhn's subjects' poor perfonnance. It is argued (...) that treating practical arguments as failed theoretical justifications causes Kuhn to misrepresent the contribution of many of her subjects' arguments. (shrink)

Ronit Stahl and Ezekiel Emanuel have recently issued a stark challenge to conscience protections in medical law and ethics. Their argument is flawed, however. They misrepresent the nature and relevance of conscientious protection in the military, misinterpret the scope of consent tendered by modern medical professionals, and offer no reason to think either that conscientious objection harms patient well-being or that such harm should solely determine the permissibility of conscientious objection. Moreover, and most fundamentally, Stahl and Emanuel do not recognize (...) that conscience protections promote moral integrity, a basic aspect of human well-being that justifies protective action. (shrink)

Questions concerning the role (or lack thereof) of God in morality are implicitly or explicitly important in Western philosophical ethics. I describe some of the different ways philosophers treat (or ignore) God and the foundations of morality more generally, and I highlight some of the implications of these approaches for bioethics. I demonstrate that the starting points we choose for morality set the course for fundamentally different accounts of what is permissible and impermissible, good and bad, and right and wrong.

The term ‘culture wars’ has been used to describe deep, apparently intractable, disagreements between groups for many years. In contemporary discourse, it refers to disputes regarding significant moral matters carried out in the public square and for which there appears to be no way to achieve consensus or compromise. One set of battle lines is drawn between those who hold traditional Christian commitments and those who do not. Christian bioethics is nested in a set of moral and metaphysical understandings that (...) collide with those of the dominant secular culture. The result is a gulf between a moral life and an approach to bioethics framed in the face of a transcendent God and a final judgment versus a moral life and an approach to bioethics framed as if the world were without ultimate meaning and as if death were the end of personal existence. These approaches are separated by a moral and metaphysical gulf that sustains incompatible life worlds and incompatible understandings of bioethics. Attempts to bridge the gulf with secular reason are ineffective because there is no shared conception of reason or standard of evidence. Efforts to use the state to enforce a particular set of metaphysical and moral commitments, whether secular or religious, lead to public disputes with a war-like character. (shrink)

Preimplantation genetic diagnosis (PGD) raises serious moral questions concerning the parent-child relationship. Good parents accept their children unconditionally: they do not reject/attack them because they do not have the features they want. There is nothing wrong with treating a child as someone who can help promote some other worthwhile end, providing the child is also respected as an end in him or herself. However, if the child's presence is not valued in itself, regardless of any further benefits it brings, the (...) child is not being treated as an end in the full sense of the term. In this paper, I argue that these principles apply to human embryos, as well as to born human offspring: the human moral subject is a bodily being, whose interests and rights begin with the onset of his or her bodily life. The rights of the living, bodily human individual include a right not to be attacked/abandoned because of his or her genetic profile. PGD is harmful to the parent-child relationship, and we give mixed messages to parents by expecting them to show unconditional commitment to offspring after birth, while inviting them to take a very different approach at the prenatal stage. (shrink)

This essay examines whether the Catholic magisterium's use of Aquinas to condemn homosexual acts is actually Thomistic. Rather than being aligned with the magisterium, Aquinas advances a moral epistemology better illuminated by the work of philosopher Judith Butler. Deploying Butler as a means of immanent critique, I show how magisterial attempts to argue against lesbian and gay sex fail on their own terms. Reading Aquinas alongside Butler shows us why we need not choose between fidelity to Thomistic natural law and (...) affirmation of lesbians and gays. (shrink)

In this paper I critically examine the implications of the uncodifiability thesis for principlism as a pluralistic and non-absolute generalist ethical theory. In this regard, I begin with a brief overview of W.D. Ross’s ethical theory and his focus on general but defeasible prima facie principles before turning to 2) the revival of principlism in contemporary bioethics through the influential work of Tom Beauchamp and James Childress; 3) the widespread adoption of specification as a response to the indeterminacy of abstract (...) general principles and the limitations of balancing and deductive approaches; 4) the challenges raised to fully specified principlism by the uncodifiability thesis and 5) finally offer a defense of the uncodifiability thesis against various critiques that have been raised. (shrink)

The past in which theory of this kind had its origins is notably similar to the present. For this is theory–practical theory–which articulates a critique of critiques, and the critiques it criticizes, rejects and replaces have much in common whether one looks at them in their fifth century B.C. Hellenic (Sophistic) or their modern (Enlightenment, Nietzschean or postmodern) forms.

This article engages two fundamentally different kinds of so-called natural law arguments in favor of specific moral absolutes: Elizabeth Anscombe's claim that certain actions are known to be intrinsically wrong through intuition, and John Finnis's claim that such actions are known to be wrong because they involve acting directly against a basic human good. Both authors maintain, for example, that murder and contraceptive sexual acts are known to be wrong, always and everywhere, through their respective epistemological lens. This article uses (...) the counter-example of anesthesia to challenge these two approaches to substantiating natural law claims. The paper concludes by rejecting the view shared by Professors Finnis and Anscombe that once one rejects these foundations for moral absolutes, one is left with moral subjectivism. In fact, one is left with moral absolutes of a more restricted nature, which are known philosophically, and with more robust moral absolutes held on religious grounds. Virtues are needed in the moral life, among other reasons, because such norms require discernment and integrity for their correct application. (shrink)

Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...) law theories of practical rationality can then be understood as attempts to capture the principles that would govern engagement with the basic goods under ideal conditions. The article begins by offering an account of normative inclinations as human dispositions both to act in certain ways and to believe that the actions are worthwhile or required. It then explores the implications of this account for natural law ethics, discussing the role of the basic goods in practical rationality, whether the goods may change over time and the connection between the goods and human nature. (shrink)

This is a response to James Dubois’ “Is anesthesia intrinsically wrong?” I do not address many of the claims in this article but only DuBois’ use of the moral evaluation of the medical use of anesthesia as a counter example to two lines of reasoning developed to defend the traditional Catholic prohibition of contraception. Elizabeth Anscombe's dialectical defense of this teaching does not imply that such a defense must logically apply to the use of anesthesia. John Finnis’ defense of this (...) teaching on the basis of a natural law argument does not imply that consciousness is a basic human good. (shrink)

Fetuses and their mothers (and other adults) share many objective interests. These include interests in disjunctive ways of achieving human well-being, including the formation and success of good projects such as particular friendships. Pursuing such good projects is in the individual’s interests and is what growing up is all about. Some interests are time-sensitive, and determining which interests apply at what stages in life requires asking which benefits are in some sense appropriate to the individual and still in his/her actual (...) or possible or even hypothetical future. Human individuals not only have interests in unconditional benefits to them, including the welfare of existing family members, but in conditional benefits to them, including the welfare of possible future family members. Even if not all interests apply to the individual at every stage, if an adult-type benefit is still in the (long-term) future, the young individual including the fetus has a stake in that benefit, conditional as the benefit may sometimes be. Fulfilment is enhanced by pursuit and conscious enjoyment of ‘human goods’, but as with adults, the stake in these remains strong even if psychological links with the long-term future in which this happens are tenuous or non-existent. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

Size is not always a gauge of significance. The issue that I propose to address here centers on a single clause from the Summa theologiae. But it goes nearly to the heart of St Thomas's teaching on natural law. It concerns the way in which Thomas thinks the human mind comes to understand good and evil. The specific question raised by the clause is the role played in this process by what Thomas calls "natural inclination." This question leads to an (...) even more basic one: what it is, for Thomas, that constitutes a truly intellectual grasp of the good. (shrink)

For various centuries, the question of whether natural law is normative or not has been posed. In contemporary legal philosophy, the scholar who is considered to be the main defender of natural law is the Catholic philosopher John Finnis. Finnis contends that natural law can provide a good account of normativity. However, is Finnis right? In this article, I aim at answering this question and I contend that, in broad terms, Finnis is correct in affirming that natural law can provide (...) a good account of normativity. (shrink)