Document Type
Article
Publication Date
1990
Publication Title
Cleveland State Law Review
Keywords
Finnis, natural law, Croson decision, racism
Abstract
The first part of this article examines some of the main features of Finnis's theory of natural law. It suggests that Finnis offers a "soft" theory of natural law anchored in a richer and more realistic conception of human nature than has generally characterized natural law theory. The article's second part briefly describes some methodological aspects of Finnis's theory. The third part seeks to apply Finnis's principles to Justice O'Connor's opinion in City of Richmond v. J. A. Croson Co., a decision that makes it extremely difficult for state and local governments to combat the subtle devises and consequences of racism except in the most narrow sense.
Repository Citation
David R. Barnhizer, Natural Law as Practical Methodology: A Finnisian Analysis of City of Richmond v. Croson, 38 Cleveland State Law Review 15 (1990)
Volume
38
