John Finnis

This essay draws upon observations made by Elizabeth Anscombe regarding, respectively, the mutual need of scientific theory and philosophical analysis, the manner in which human rationality may show itself as a principle of bodily action, and the fulfilment in the New Testament of the central promise of Hebrew scripture. It examines something of the nature of material organization and the incorporation and subsumption of that into living systems, among which emerges the human, rational form of life. Noting the distinctness of the human soul as a principle of thought, reflection, and free choice, certain aspects of scripture are identified and explored to suggest what Anscombe may, or might well, have had in mind in speaking of a “royal road.”

This essay argues that Plato's critical analysis of the ethics of discourse is superior to Habermas', and more generally that Habermas has no sufficient reason to propose or suppose the philosophical superiority of “modernity.” The failure of Hume and Kant and much modern philosophy to understand the concept and content of reasons for action underlies Habermas' attempted distinction between ethics and morality, and Rawls' concept of public reason. A proper study of discourse also yields a metaphysics of the person, and thus reinforces the ethics.

In lieu of an abstract, here is a brief excerpt of the content:OBJECT AND INTENTION IN MORAL JUDGMENTS ACCORDING TO AQUINAS JOHN FINNIS U'flkueTBity Oollege Unwersity of Oa:ford INTENTION IS OF END, choice is of means. A human aict ~s specified by (and s? is co.rrect:ly describe~ in terms of) its end. A human act IS specified by (and so Is correctly described in terms of) its object. An a:ct which is bad by reason of its object cannot be justified by its end (its: good intention ). A human a:ct is specified by (and so is correctly described in iterms of) its intention.... Such a sequence of statements of St. Thomas ought to leave an impression of confusion. That impression would be heightened by the traditional representation of his analysis of acting in a schema of 12 terms signifying a sequence of psychological acts involved in willing and doing something. For in this analysis, intention seems to precede ·deliberating, judging, and choosing, and so, as deliberating, judging, and choosing often present themselves to consciousness distinctly, intention is presented in this analysis as if it were a distinct content of consciousness. When intention is so conceived, iit becomes possible to imagine that one can, so to speak, choose to direct (an) intention to or withhold it from the various aspects of one's chosen behavior, e.g. it.hose consequences which one foresees and welcomes or those one chooses to bring about onJ.y with regret. To some contemporary moralists, such approving or regretting of consequences is precisely what engages or disengages one's will and thus one's responsibility; what Christians or Jews used to regard as immoral can be uprightly done if done merely as a means to good ends and only with reluctance, I JOHN FINNIS regret, disapproval, i.e. if in no way approved or adopted as an end, i.e. if not really intended.1 Other modern moralists deny that one's responsibility for consequences of deliberate behavior can be so dependent on an inner ruct of intending (as distinct from the choosing and doing) ; they judge one responsible for everything one deliberately and with foresight causes.2 So they too reject the " doctrine " of double effect which Christian moralists had articulated as a development or codification of the elements of St. Thomas's discussion of self-defense, a disoussion whose first premise is that a human ad is specified (i.e. identified for the purposes of moral assessment) by its intention. Today there are other moralists again who combine the two foregoing lines of thought: they reject the doctrine of double effect as giving exaggernted importance to choice (means) over intention (end); one should take into account alil foreseeable consequences of one's chorce and ensure that it is likely to have a greater proportion of good than of bad consequences, and one must never approve (intend) any bad consequences -one may never deliberately cause them as ends hut only as means, means which one deliberwtely causes, not for their own sake, hut only for the sake of those proportionately greater good (or less bad) consequences which one does intend.8 1 Cf., e.g., Richard McCormick, S.J., "Medicaid and.Abortion," Theological Studies 45 (1984): 716-717. 2 Cf. Bruno Schueller, "The Double Effect in Catholic Thought: A Re· evaluation," in McCormick and Ramsey, Doimg Evil to Achieve Good (Chicago: Loyola University Press, 1978), 191: "... 'intend as a means' and 'permit', when referring to a non-moral evil, denote exactly the same mental attitude." Schueller, "La moraliM des moyens," Recherches de Science Religieuse 68 (1980) : 211 (causilng moral evil is never justified, causing non-moral evils is justified in pursuit of non-moral good of corresponding importance); 221· 2: "pour tous les biens dont la possession contribue au bien-etre de l'homme... [q]uoi que l'on choisisse... les consequences negatives qui resultent du choix sont un pur moyen en vue des consequences positives qui en resultent." s Cf. K.-H. Peschke, "Tragfaehigkeit und Grenzen des Prinzips der Doppelwirkung," Studia Moralia 26 (1988): 110-112, where Peschke states the "principle of double effect" (which he ascribes to Catholic theology and attacks ) in terms not of what is directly or...

Law centrally or archetypically is a moral idea, but not so much an ideal as a requirement of justice. Studying it contemplatively, as Simmonds's admirable Law as a Moral Idea does, tends to truncate the investigation of law's moral character and to obscure the extent to which jurisprudence can and should be a critical moral inquiry. The book's virtues—especially its critiques of Hart, Raz and Kramer—outweigh these two objections and the further, lesser objection that the distinctions it draws between its project and the strategy of Natural Law and Natural Rights perhaps misconceive the latter, which the present article accordingly tries to clarify