1 year
The proposition “The law serves man” is the old maxim of the law. There is no great difficulty in understanding this sentence literally. However, it is not easy to explain this sentence from a law point of view. So how can you approach it t ...
1 year
The proposition “The law serves man” is the old maxim of the law. There is no great difficulty in understanding this sentence literally. However, it is not easy to explain this sentence from a law point of view. So how can you approach it to understand this proposition? Ancient Roman law states, "All laws are made for human being." So what is the purpose of the law here, and what is the law and human being? For this problem, John Finnis' theory was explored. According to Finnis, the concept of modern law has the following human understanding: First, all human beings are the same person and are equal to each other. Second, healthy people can communicate with others and live the way they want. Third, well-being as a human being and its pursuit are important. Hart argued that the purpose of the law was "survival." Dwrokin claimed to be a “equal treatment” of members of the political community. However, the Universal Declaration of Human Rights states that all human beings are equal in dignity and rights, are not discriminated against before the law, are entitled to equal protection, and have the right to be recognized as humans before the law. The law aims for 'the basic human good' and 'the common good'. That is because it is pursuing human well-being. Humans embody and realize their intentions, judgments, and choices through the law. Through this process, humans become what they want. The status of human beings is bestowed by its life, and it is not necessary for the law to impart legal personality to human beings. Another group of actors in the community is also the reality of the human order. The legal interpretation of the legal community is also more appropriate for the conversational model interpreted in dialogue between people than the technical model interpreted according to simple logic and literary rules. Finally, the foundation of human nature and fundamental equality is that human beings are soul-bearing beings
2 year
This study deals with Grisez's research, criticism, and response, which is the starting point of the New Classical Natural Law Theory. In his research published in 1965, Grisez argues for a different interpretation of Aquinas's text on law. And Grisez's argument is completed by Finnis. Grisez reveals five main things in his research. First, it is revealed that the general interpretation of the first principle of Aquinas' practical reason is not valid. Second, it shows that the interpretation of the meaning of “good” and “bad” is wrong for that reason, and reveals what the meaning of good and bad as the value of moral action in light of Aquinas' purpose and reason. Third, the misinterpretation of the meaning of good and bad shows that good and bad are misinterpreted as limitations, not as the source of human action, and reveals that they are the source of human action. Fourth, it shows that the misinterpretation of good and bad as the limit of human action is because the natural law is misinterpreted as a set of commands, and the precept of the natural law, the first principle, is not a command. Fifth, it is revealed that the reason why the natural law was misinterpreted as a set of commands was because the concrete precept of the natural law was regarded as a conclusion simply drawn from the first principle. In this article, rather than intensively looking at all five of them, I have focused on the interpretation of the first principle of practical reason, the point of criticism. Therefore, this study aims to deal with the first principle of practical reason among Finnis-Grisez's studies. This study aims to deal with the first principle of practical reason among Finnis-Grisez's studies. I examine how the interpretation of the first principle differs from the existing interpretation. To do this, I examine purpose and good in detail. In addition, It also examines critical points such as (1) the distinction between facts and values, (2) basic goods as a predecessor of morality, and (3) hierarchical problems between basic goods. Through this, it is revealed that the first principle of practical reason is related to the fact of the existence of humans and the world, It is revealed that basic goods are not morality itself, but an element that judges morality as a step ahead. Finally, it is revealed that basic goods do not have a hierarchical order because it is impossible to incommensurable with each other. Through this, I would like to clarify what the theoretical basis of the new classical natural law theory is.