Justice is the problem of how goods are to be distributed. This problem can be divided into two sub-questions: the “form of distribution” and the “content of the goods.” Although Rawls’s “principles of justice” serve as a helpful guide for a just form of distribution, his thoughts on the content of the goods are open to criticism. Finnis, a critic of Rawls, has brought the discussion of goods into the philosophical context. According to Finnis, there are seven basic human goods, one of which is play. Play is an experience every human has. Although it may initially seem unserious and childish, play has a profound background in philosophical literature. Huizinga defined man as Homo Ludens and claimed that the fundamental human activity that has created culture and civilization since the earliest humans is play. Many philosophers have dealt with the theme of play, and some have explained the world as a play. The conception of “play as a world symbol” reaches its peak in Fink. Finnis’s concept of play is based on all this extensive literature. According to Finnis, law is the authority that answers the question of how the common good is to be realized. The reason for realizing the common good lies in the fact that the world is a friendly play with God. By valuing the common good valued by God, we too can succeed in the play. Humans realize the common good by playing and including others in the play. These theoretical discussions can be concretized in the game of chess. Chess is both a game and a symbol of the world. Inspired by the egalitarian and inclusive nature of chess, ways can be sought for everyone, without excluding disadvantaged individuals, to realize and express themselves through play, thereby playing can be a guide to just law.
One of the prominent thinkers in contemporary legal philosophy is John Finnis. In his theory, Finnis identifies seven fundamental human goods, one of which is “play.” The inclusion of play among these goods is often met with skepticism, particularly by those unfamiliar with the concept. However, play is not arbitrarily chosen; it has a broad philosophical background. In Turkish legal literature, Finnis is frequently cited, and some monographic studies and theses focus on his work. However, these works do not specifically examine play. In international literature, studies engage more extensively with Finnis’s concept of play, yet no monographic work solely addresses this topic.
To avoid fundamental debates in legal philosophy, this study assumes that justice is both an essential element of law and its primary aim. Discussions on the relationship between law and justice are thus excluded. Based on this assumption, the study has three objectives: first, to identify Finnis’s and play’s place within justice debates; second, to provide a comprehensive analysis of play; and third, to explore whether play can guide the pursuit of a just legal system.
This study does not comprehensively analyze Finnis’s legal approach but focuses on “play.” Rather than examining Finnis’s entire theory, it seeks to read the cultural, philosophical, and legal dimensions of play as a guiding principle for a just social order. To illustrate this, participation in play by disadvantaged individuals is examined as a practical problem, making this study unique.
Law consists of three dimensions: social, normative, and value-dimension. It is directed toward justice, which all societies and legal systems respect. However, justice is difficult to define, requiring both formal analysis of distribution methods and substantive analysis of what is distributed. Aristotle was the first to comprehensively study justice’s form. In modern justice theories, John Rawls is central. He critiques classical equal opportunity doctrine and includes disadvantaged individuals in his justice framework. However, Rawls’s theory relies on the “thin theory of the good” and seeks equality through “social primary goods” within a liberal framework. Finnis challenges this, arguing that fundamental goods go beyond social primary goods and includes play among them.
Play is a crucial theme in cultural and philosophy studies . Johan Huizinga, a key figure in this area, argues that play is not merely a cultural phenomenon but that culture itself is a form of play. He analyzes social institutions through this perspective. Philosophically, play relates to the meaning and purpose of life. Philosophers such as Heraclitus, Plato, Schiller, Nietzsche, Heidegger, and Gadamer—examined in this study—interpret life as a form of play. They propose that the world is a divine or cosmic game in which humans participate, engaging with both the world and themselves. Eugen Fink further develops this interpretation, seeing the world as a symbol of play.
Finnis, a leading figure in contemporary natural law, attributes a similar meaning to play. His central question is: “Why should I serve the common good?” He argues that God takes pleasure in human service to the common good. According to Finnis, friends value what their friends value, and to be God’s friends, we must serve the common good. Play, in this context, is both a means of engaging with life’s meaning and cultivating a relationship with God. At the same time, play is inherently valuable, pursued solely for enjoyment. Its philosophical meaning does not negate its intrinsic nature.
To further understand play and its relevance to justice, this study examines chess as an illustrative example. Chess detaches individuals from ordinary life and has an intrinsic purpose. It creates an alternative reality, fostering a playful and non-serious domain. Chess embodies Finnis’s fundamental goods, including play, aesthetic experience, and sociability. Additionally, chess is accessible to people of all ages and social classes, allowing competition without physical limitations, making it a rehearsal for equality.
Through this discussion, the study concludes that constructing a just social order cannot rely solely on liberal values. Disadvantaged individuals may have fundamental human needs beyond Rawls’s “social primary goods,” and exploring ways to accommodate these needs is necessary. By integrating Finnis’s concept of play into justice theory, this study highlights the importance of a broader understanding of fundamental goods in pursuing a just society.
Philosophy of Law, Play, Justice, John Finnis, Chess
