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C/L/126. John Finnis: 'the prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.' (Holmes: 1897)

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3500
DATE:
2007
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39.99 GBP

This assignment discusses, in detail John Finnis theory on basic goods and how far it accords with the above statement which was made by Oliver Wendell Holmes. This piece of work discusses the adequacy of this aphorism, concluding that whilst Holmes basic tenet is that law is entirely separate from morals, his concept of practical reasonableness introduces some element of 'social goodness' into law. Finnis views are in some ways similar to Holmes although in some way very different. Finnis attempts to follow a similar view to Holmes, although as will be demonstrated, is unsuccessful, and it can not be said that the above aphorism is endorsed by the work of Finnis.

 

KEYWORDS: Jurisprudence, John Finnis, basic goods, Oliver Wendall Holmes, Law theory, Natural La,

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