John Finnis

John Finnis on After Dark 26th June 1987.jpg
John Finnis on the television discussion programme After Dark in 1987
John Mitchell Finnis

(1940-07-28) 28 July 1940 (age 82)
Alma materUniversity of Adelaide
University of Oxford (DPhil)
Notable workNatural Law and Natural Rights (1980, 2011)
EraContemporary philosophy
RegionWestern philosophy
Natural law theory
ThesisThe idea of judicial power, with special reference to Australian law (1965)
Doctoral advisorH. L. A. Hart
Doctoral studentsNeil Gorsuch[1]
Robert P. George
Main interests
Philosophy of law
Political theory
Philosophy of religion
Notable ideas
Criticism of legal positivism

John Mitchell Finnis, AC, KC (Hon), FBA (born 28 July 1940) is an Australian legal philosopher, jurist and scholar specializing in jurisprudence and the philosophy of law. He is the Biolchini Family Professor of Law, emeritus,[2] at Notre Dame Law School and a Permanent Senior Distinguished Research Fellow at Notre Dame's de Nicola Center for Ethics and Culture.[3] He was Professor of Law & Legal Philosophy at the University of Oxford from 1989 to 2010, where he is now professor emeritus. He acted as a constitutional adviser to successive Australian Commonwealth governments in constitutional matters and bilateral relations with the United Kingdom.[4]

His academic focus is in the areas of jurisprudence, political theory, and constitutional law, while his practice at the English Bar saw him in cases at the High Court and at the Court of Appeal. He is a member of Gray's Inn. He was appointed an honorary Queen's Counsel in 2017.[5] In 2019 he was appointed a Companion of the Order of Australia (AC), Australia's highest civilian award.[6]

Early life and education

Finnis was educated at St. Peter's College, Adelaide and the University of Adelaide, where he was a member of St. Mark's College. He obtained his Bachelor of Laws (LL.B.) degree there, winning a Rhodes scholarship to University College, Oxford, in 1962, where he obtained his Doctor of Philosophy degree with a thesis on the concept of judicial power, with reference to Australian federal constitutional law.[7][8] Also in 1962, Finnis converted to Roman Catholicism.[9]

Finnis was a friend of Aung San Suu Kyi, also an Oxford graduate; and, in 1989, Finnis nominated her for the Nobel Peace Prize. Aung San Suu Kyi won the prize but did not receive it until June 2012, when she recalled how her late husband, Michael Aris, had visited her under house arrest and brought her the news "that a friend, John Finnis" had nominated her for the prize.[10]


Finnis is a legal philosopher and author of Natural Law and Natural Rights (1980, 2011), a seminal contribution to the philosophy of law and a restatement of natural law doctrine. For Finnis there are seven basic goods; life, knowledge, play, aesthetic experience, sociability of friendship, practical reasonableness and religion. In his book on Finnis' student Neil Gorsuch while at Oxford University, John Greenya has described Finnis's views by stating: "Some of John Finnis's views are very controversial. For example, in defending his long-held position against same-sex marriage and same-sex coupling, he once compared them to bestiality."[9]

Philosopher Stephen Buckle sees Finnis's list of proposed basic goods as plausible, but notes that "Finnis's account becomes more controversial when he goes on to specify the basic requirements of practical reasonableness". He sees Finnis's requirement that practical reason requires "respect for every basic value in every act" as intended both to rule out consequentialism in ethics and also to support the moral viewpoint of the Catholic Church on a range of contentious issues, including contraception and masturbation, which in his view undermines its plausibility.[11]

Finnis's work on natural law ethics has been a source of controversy in both neo-Thomist and analytical circles. Craig Paterson sees his work as interesting because it challenges a key assumption of both neo-Thomist and analytical philosophy: the idea that a natural law ethics must be based upon an attempt to derive normative (or "ought") statements from descriptive (or "is") statements.[12]

According to Andrew Sullivan, Finnis has articulated "an intelligible and subtle account of homosexuality" based on the new natural law, a less biologically-based version of natural law theory. Finnis argues that the state should deter public approval of homosexual behaviour while refusing to persecute individuals on the basis of their sexual orientation, basing this position not on the claim that homosexual sex is unnatural but on the idea that it cannot involve the union of procreation and emotional commitment that heterosexual sex can, and is therefore an assault on heterosexual union. Sullivan believes that such a conservative position is vulnerable to criticism on its own terms, since the stability of existing families is better served by the acceptance of those homosexuals who are part of them.[13] Other scholars, such as Stephen Macedo and Michael J. Perry, have also criticised Finnis's views.[14]

He has supervised several doctoral students including Neil Gorsuch,[1] Justice Susan Kenny of the Federal Court of Australia, Robert P. George of Princeton University, and John Keown of Georgetown University.[15] In 2013 George and Keown summarised some of Finnis's media work as "He has, for example, debated embryo research with Mary Warnock on BBC's Newsnight and with Jonathan Glover in the Channel 4 Debate; discussed euthanasia with a leading Dutch euthanasiast on the same channel's After Dark, and written on eugenic abortion in The Sunday Telegraph".[16]

In the 2019 Queen's Birthday Honours for Australia, Finnis was appointed a Companion in the General Division of the Order of Australia, the country's highest civilian honour, for his eminent service as a jurist and legal scholar.[6]



In May 2011, Oxford University Press published a five-volume collection of essays by John Finnis and a second edition of Natural Law and Natural Rights. Their release was marked by an all-day conference at the Notre Dame Law School on 9 September 2011.


Video lectures


  1. ^ a b Gorsuch, Neil McGill (2004). The right to receive assistance in suicide and euthanasia, with particular reference to the law of the United States. (DPhil thesis). University of Oxford. OCLC 59196002. EThOS icon of an open green padlock
  2. ^ "Faculty and students celebrate Professor John Finnis as he moves to emeritus status | the Law School | University of Notre Dame".
  3. ^ "Permanent Senior Distinguished Research Fellows // De Nicola Center for Ethics and Culture // University of Notre Dame".
  4. ^ Notre Dame Faculty Page for John Finnis
  5. ^ "Lord Chancellor welcomes historic promotion of talent for new silks - Press releases - GOV.UK". Retrieved 24 January 2017.
  6. ^ a b "2019 Queen's Birthday Honours List" (PDF). The Governor-General of the Commonwealth of Australia. 10 June 2019. Archived (PDF) from the original on 13 April 2021. Retrieved 11 August 2021.
  7. ^ Finnis, John Mitchell (1965). The idea of judicial power, with special reference to Australian law. (PhD thesis). University of Oxford. OCLC 694895648. EThOS icon of an open green padlock
  8. ^ "John Finnis". Faculty of Law, University of Oxford. 2011. Archived from the original on 7 September 2011. Retrieved 25 March 2008.
  9. ^ a b Greenya, John (2018). Gorsuch: The Judge Who Speaks for Himself. Threshold Editions. p. 47. ISBN 9781501180385.
  10. ^ Video on YouTube
  11. ^ Stephen Buckle, "Natural Law" in Peter Singer (ed.), A Companion to Ethics. Blackwell Publishers, 1997, ch. 13, p. 171.
  12. ^ Paterson, Craig (2006). "Aquinas, Finnis and Non-naturalism". In Pugh, Matthew S.; Paterson, Craig (eds.). Analytical Thomism: Traditions in Dialogue. London: Routledge. pp. 171–194. doi:10.4324/9781315262604. ISBN 9781315262604.
  13. ^ Sullivan, Andrew. Virtually Normal: An Argument About Homosexuality. Picador: London, 1996. pp. 98–99
  14. ^ Stein, Edward, The Mismeasure of Desire: The Science, Theory, and Ethics of Sexual Orientation. Oxford University Press, 1999. p. 356
  15. ^ George, Robert Peter (2014). Constitutional Structures and Civic Virtues. Emory University. Archived from the original on 27 November 2020. icon of an open green padlock
  16. ^ Keown, John; George, Robert P., eds. (2013). Reason, Morality, and Law: The Philosophy of John Finnis. Oxford University Press. p. 90. doi:10.1093/acprof:oso/9780199675500.001.0001. ISBN 9780199675500.