Philosophy of Law

Essay 11 Practical Reasonableness

Philosophy of Law
Essay 11 Practical Reasonableness Tentative Question What are the basic requirements of practical reasonableness? Introduction Practical reasonableness is one of the basic forms of good and therefore it is considered to be one of the basic values. Since life is too short, it is not possible to participate in all of these basic values as much as we would like to. This implies that somehow one has to plan. Planning suggests the use of reasonableness in a practical way. To participate thoroughly in any commitment one calls for skill or at least a strong commitment. Practical reasonableness in itself: 1. Enables us to participate in the other basic values (goods) 2. Guides us in our commitments 3. Guides us in our selection of projects and helps us in carrying them out. According to Aristotle, what is right and morally good is simply seen by the man who is right minded, good morally and is a person of good habits. To fail to live up to these requirements is irrational whilst the person who lives up to these requirements can be referred to as Aristotles spoudaious; that is, a mature man. St. Thomas Aquinas says that these requirements of practical reasonableness are requirements not only of reason and of goodness but also of human nature. As with each basic form of good, each of these requirements is fundamental and hence is capable, when focused upon of seeing the most important. The requirements of Practical Reasonableness The requirements of practical reasonableness are: 1. 2. 3. 4. 5. 6. 7. A coherent plan of life No arbitrary preference amongst values No arbitrary preferences amongst persons. Detachment Commitment Efficiency within reason Respect for every basic value in every act

Chris Frendo LLB

Philosophy of Law 8. Common Good 9. Following ones conscience 1 - A coherent plan of life

Essay 11 Practical Reasonableness

Consciously or unconsciously, all persons have and form a plan of life. John Rawls describes the first requirement of practical reasonableness as rational plan to life. It is irrational to just devote ones attention exclusively to specific projects or to live merely from moment to moment. Therefore in our plan of life there must be no arbitrary preference. In order to carry out a coherent plan of life, it is important to be strict and severe; in fact, to be rigorous is vital for any success in life. Hence, one must be strong and not fall into other temptations that let him deviate from his plan. In other words, one must be committed to his plan. Commitment to something involves both direction and control of impulses. As Rawls suggests, we should see our life as a whole, in an effort to harmonize general commitments. 2 No arbitrary preference amongst values Any commitment to a coherent plan of life involves some degree of concentration on one or some of the basic forms of good. However, this commitment shall be rational on the basis of ones self assessment and capacity, circumstances and tastes. Thus if the commitment is on the basis of ones assessment of ones capabilities, circumstances or even ones tastes, then the commitment is rational. If the commitment is of human excellence, instrumental goods as wealth or opportunity, reputation or pleasure, the commitment is unreasonable. 3 No arbitrary preference amongst persons There should be fundamental fairness among humans who are or may be the partakers of those goods. The justification of self-concern is not because I am I and not someone else but because only in this way will I have the opportunity to participate in the basic values. Jesus Christ teaches do to others what you would have them so for you. One must put himself in his neighbors shoes and not condemn others for what he is willing to do himself. These are requirements of reason and to ignore them is to be arbitrary as between individuals. Therefore, one must respect other persons plan of life, as there plan is also a part of practical reasonableness which is a fundamental good. 4 Detachment One must have a detachment from all the projects which one undertakes in so far that if that project failed, one will not consider his life drained of meaning. We should not despair when someone is better than us in doing something. Chris Frendo LLB 2

Philosophy of Law 5 Commitment

Essay 11 Practical Reasonableness

In everybodys life, one should strike a balance between commitment and detachment. The requirement of commitment is simply that having made ones general commitments, one must not abandon them lightly. However, in being committed, one must be reasonably committed to that line of life yet not in a fanatical way. 6 Efficiency with reason When one picks a coherent plan of life, one has to be efficient and aiming for something good. Ones actions should be judged by their effectiveness, by their fitness and for their purpose, by their utility. Where a choice is to be made, it is reasonable to prefer basic human goods such as life to merely instrumental goods such as property. The sixth requirement may be outlined as to be efficient when pursuing our goals which we adopt for ourselves and to avoid the harms which we choose to regard as unacceptable. This requirement has many applications in the moral sphere of thinking, but its sphere of proper application has limits and every attempt to make it the exclusive, supreme or central principle of practical thinking is irrational and hence, immoral. 7 Respect for every basic value in every act Practical reasonableness suggests that in our behavior we have to make sure that no act goes against one of the basic values. Reason requires that every basic value be at least respected in each and every action. This requirement deals with consequences of ones acts. The good or bad consequences of acts cannot be measured; as happens when for example, one kills someone when lost at sea on a boat, in order to save him and others, so that other persons are given a greater chance of survival. However, it does not follow that the value of that persons life is less important than others. It is not practical reasonableness to say that someone elses life is more important than ours or vice versa. Therefore there is no way to measure these values since they are all fundamental. In all the problems we are faced with we have to bear in mind a clear distinction between sentiments, feelings, emotions, generosity and the only way to understand is an appeal to reason. In conclusion one can say that everything is morally and/or reasonably required to be done by natural law and everything is morally and/or reasonable required not to be done is contrary to natural law. 8 The requirements of the common good There is a common good for human beings, in as much as the common values; life, play, friendship and freedom in practical reasonableness are good for every person and each of these human values is itself a common good in as much as it can be participated in an Chris Frendo LLB 3

Philosophy of Law

Essay 11 Practical Reasonableness

exhaustible number of persons in an inexhaustible number of ways and occasions. In fact most of our concrete moral obligations, responsibilities and duties have their basis in the common good. This requirement favors the common good of ones communities. 9 Following ones conscience This requirement may be referred to as a summary of all the other requirements. This requirement is that one must act in accordance to ones own conscience. St. Thomas Aquinas holds that if one does what one judges to be unreasonable or fails to do what one judges to be required by reason, then ones choice is wrongful, however faulty ones judgment of conscience may be. The dignity of the mistaken conscience is what is expressed in the 9th requirement. It flows from the fact that practical reasonableness is not simply a mechanism for producing correct judgments, but an aspect of personal full-being to be respected in every act as well as over-all whatever the consequences. Conclusion To conclude, one can say that each of these requirements can be thought of as a mode of moral obligation or responsibility; the product of these requirements being morality. Bibliography Chapter 5 of Natural Law and Natural Rights John Finnis

Chris Frendo LLB