Chapter

Practical Reasoning in Law: Some Clarifications

John Finnis

in Philosophy of Law

Published in print April 2011 | ISBN: 9780199580088
Published online September 2011 | e-ISBN: 9780191729409 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580088.003.0018
Practical Reasoning in Law: Some Clarifications

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This chapter responds to criticisms of Natural Law and Natural Rights, Chapter 16 of this volume, and a version of Chapter 14 in Volume I of this text. The topics debated are method in natural law theory; ‘rational choice’ and incommensurability (an important section engaging with a number of hypothetical pertinently raised by David Luban); consequentialism; fairness, and the decision about ‘affirmative action’ in City of Richmond v Croson (1989) 488 US 469; easy cases at law; and the obligation to obey the law.

Keywords: natural law theory; rational choice; incommensurability; Luban; consequentialism; affirmative action; obligation to obey the law

Chapter.  10430 words. 

Subjects: Jurisprudence and Philosophy of Law

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