This is the complete a - z note on the jurisprudence topic, you just have to go through it once and you can easily attempt the question and get A ++ grade in finals
this is a marked answer by a senior professor you just need to read it and you can even write the same just need to change it a bi...
From the outset it can be said that personally Finnis would favor the bakery as “Finnis have
claimed that sexual acts between persons of the same sex are morally defective.” (Lloyd’s
Introduction to Jurisprudence).
There are 2 basic assertion of Finnis’s theory;
1. Human Goods – which are necessary for human existence – which he also refers to as
“form of human flourishing”
2. Certain level of practical reasonableness is required to attain those goods.
Lloyd’s Introduction to Jurisprudence, highlights that Finnis’s goods are based on communal
benefit, as it is stated that “Finnis’s answer is that human goods must be seen in the light of a
community in human beings.” Thus one aspect of Lady Hale’s judgment would be that the
religion was more linked to the community benefit as compared to the claim brought by Mr. Lee
as it catered to discrimination on an individual level.
Practical reasonableness is defined by Finnis as “a set of basic methodological requirements…
which distinguish sound from unsound practical thinking…” (Page 137)
According to Finnis, there are total seven human goods, which he considers as “the basic values
of human existence” (Page 137). They are explained below;
1. Knowledge; this caters to seeking knowledge for the sake of knowledge, without any
particular reason. As he refers that the mindset of one who is seeking knowledge is
simply that “It would be good to find out.” (Page 138).
2. Life; He defines life as including “physical (including mental) health, and freedom from
pain and injury.” (Page 138).
3. Play; this includes to engage in a performance without any specific aim to achieve, and
which is meant to be “enjoyed for its own sake” (Page 139).
4. Aesthetic experience; The law should be able to provide such circumstances which
allows the people to appreciate beauty. It can be argued that this will take place if one is
truly mentally happy.
5. Social ability, or friendship; Finnis describes a good friendship as “acting for the sake of
one’s friend’s purposes, one’s friend’s well-being” (Page 139).
6. Practical Reasonableness; This involves being practical about the decisions one make,
by using their own intelligence effectively. “The value if complex, involving freedom,
and reason, integrity and authenticity” (Page 139).
7. Religion; this includes getting answers whether the “universal order” goes beyond the
nature of science or not.
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