The Nazi race theories in the fascist regime are unjust because this regime violates many rights that individuals deserve to have. Nazi race theories made Hitler to create prosecution policies, genocide, racial extermination and utilized the ‘final solution’ to exterminate the Jewish population. Certainly, this regime is unfair because everything has to benefit the state, and absolutely nothing must be against the state. It becomes intolerable because individuals are not important, and are utilized to obey order without choices.
The laws of this legal system can be challenged by using the work of Finnis. Finnis would concentrate on its “legitimacy and whether it gives the common good” (Pavlich 36) for society because these laws did not provide a common good for everyone. He would examine to what extent it allows subjects to pursue the basic goods. However, this regime does not allow subjects to pursue the basic goods because the policies are not providing the choices. The valuing and transmission of life are violated because this regime killed and exterminated the Jewish population. However, the valuing and transmission of life was respected for individuals that were part of the perfect race. This law does not facilitate with the interest of common good for society, it violates the requirements that law serve the common good of all people in society. It only facilitated the interest of the perfect race. This regime is intolerable because uses individuals to act in favour of the regime itself and demands active participation and passive approval from individuals.
Law was misused by the leader and did not equally serve the population. This anti-Semitic law clearly violated Finni’s basic aspects of well being and the value of sociability that requires ‘a unity of common action’ and the formation of shared objectives that serve the population (Pavlich 36). Objectives were not shared and unity was destroyed because Hitler wanted to eliminate Jewish population. The law was unjust because it does not provide the common good in society. This law presented pain and problems to all people. It destroyed many forms of “human flourishing” especially “sociability and friendship, across a social body” (36). Finnis sees law as species of “legitimate rules emanating from a rule-bond authority working in the common good” (37) because the function of law is to shape and order human interaction. If a ruler’s law offends against the common good, “it forfeits a moral right to govern its subjects and justice is always about securing and nurturing that common good” (35) because these principles come from the theory of universal human good and it is necessary to secure it.
Finnis argued that a healthy community requires a common code of conduct that “orders and coordinates interactions to achieve a common good” (35) but the laws destroyed human interaction. In addition, these laws can be challenged by religion because religion was one of the main causes for these anti-Semitic laws. Jewish people were killed and prosecuted for their religion because it played a major role in this legal system. However, Finnis disagrees with the idea that unjust laws should not be obeyed because sometimes “when an unjust law should be obeyed so as not to weaken the legal system overall” (Pavlich 36).