Finnis & Hoose's Proportionalism

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  • Finnis & Hoose's Proportionalism
    • Hoose's theory
      • Immigration
      • Proportionalism - never go against 7 basic goods unless proportionate reason to
      • Casuistry, unique basis - relative - situation, not rule-based
    • Finnis' Theory
      • new natural law, is a real goodness
      • Theoretical reason= true, can't prove, Practical reason = how - act. Seven Basic Goods: 1 PLAY for play's sake 2 LIFE3 AESTHETIC experience 4 RELIGION 5 PRACTICALREASONING 6 life 7 sociability
        • try to fulfil these, put yourself first - not always best for you.. - authority important
        • prefers simple ans : complex one - validity of deductive inferences - the PRINCIPLE OF INDUCTION - Kuhn - there could be a paradigm shift = one version of reason replaced by another
      • Immigration
        • 1) play (play's sake)
        • 2) practical reasonableness (reason what's best to do (self))
          • Untitled
        • 3) aesthetic
          • access to new cultures
        • 5) knowledge (own sake)
          • increases knowledge of other cultures
        • 6) life
          • protects life - immigrants
        • 4) sociability
        • 7) religion (connection w orders transcend ind. humanity)
      • Law profess. Oxford 1980 - 'Natural Law and Natural Rights' - re-statement judges' Ratio Decidendi, Catholic - work links Jesus & law
      • 'any worthwhile activity is worth doing because it participates in one or more basic goods'
      • the statement 'there are 7 basic goods' is just as true as 'there are infinitely many primes.' (can't prove but know true - can only show REFLECTION of - can't PROVE God's love
        • link - meta ethics - intuitionism, can't prove, cognitive
      • 1) not all can experience - not democratic / universal - aesthetic if blind? 2) most people act in way think is good but don't all act same way - is there really one standard of good? 3) can't all know same degree - what is good, eg. if never experienced it (child abuse)
      • certain 'basic goods' all same - reflect God's love - obvious, have to accept them
        • don't all have same knowledge & experience & * not all aware - principles of theoretical rationality - (eg. toddler might not understand MODUS PONENS argument
          • Finnis acknowledges some who don't respect basic goods - they are just wrong (- if reason teaches us this to support theory how can some peoples' be wrong?

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