Natural Law as Practical Methodology: A Finnisian Analysis of City of Richmond v. Croson

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.