Natural Law Theory, “New” and Old

Abstract

In the second edition of Natural Law and Natural Rights John Finnis observes that, whilst he expected criticism of his theory from positivists, he did not expect it from traditional natural law theorists who felt that the theory was insufficiently grounded in Aquinas’s doctrines. Finnis argued that the divergence was a mirage occasioned by his addressing topics out of the standard orders of treatment. This essay considers what Finnis’s theory would look like if placed back into Aquinas’s orders of treatment, and gauges the extent to which it conforms to Aquinas’s doctrines, and the extent to which it is divergent and “new.” This analysis may hopefully serve as a starting point for further study.