Debating Finnis on Petrazycki : Nine Scholars in Dialogue on Legal Realism and Natural Law

In this book, John Finnis provides a virtually unparalleled, in-depth assessment of Leon Petrazycki’s work by a Western scholar. In the opening chapter, Finnis takes up the challenge of reading Petrazycki not simply as a historical curiosity of Eastern European jurisprudence but as a thinker whose wide-ranging and ambitious ideas continue to spark debate today. He critiques not only Petrazycki’s non-standard “economic analysis of law,” which differs markedly from the Chicago School model (not to mention from Guido Calabresi’s and Pietro Trimarchi’s versions), but also many other aspects of Petrazycki’s various contributions to jurisprudence. These include, above all, his legal-realistic but nonetheless appreciative treatment of the natural-law tradition(s), which makes Petrazycki both distinctive and difficult to classify in terms of standard schools of thought. Finnis’ essay is followed by nine further contributions. Written by scholars from different traditions and standpoints, they criticize, reassess, and elaborate upon Finnis’ arguments, creating a rich and multi-voiced dialogue. The volume concludes with Finnis’ own, extensive “concluding reflections,” in which he directly responds to his fellow contributors, clarifying his original questions and replying to the challenges raised in their chapters. This unique volume showcases Finnis’ insights, while enabling his interlocutors to highlight the depth and complexity of both Finnis’ and Petrazycki’s thought, as well as broader issues – more relevant now than ever – such as the differences between Catholic natural law, Orthodox natural law, and Petrazycki’s atheistic, humanistic, anti-speciesist ideal of substituting love for law and morality alike.