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Finnis's decisionism

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Chapter Summary

This chapter deals with questions such as how can a basic good such as 'play' or 'aesthetic experience' be sensibly linked to our understanding of positive law and how can Finnis hope to provide a foundation for rights on the basis of these goods. It describes Finnis's methodological point of view and explains Finnis's double-sided picture of law. His views on how positive law can be linked to natural law are also described, after analyzing Finnis's concept of the common good. The practical implication of his analysis is further examined. The (Neo-) Kantian conceptual framework of Finnis's theory is, responsible for the decisionist account of the common good.

Keywords: (Neo-) Kantian conceptual framework; concept of common good; Finnis's theory; natural law theory; positive law

10.1163/9789004247383_012
/content/books/b9789004247383s012
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