2A Natural Law: laws and precepts as the basis of morality

Question 1

What is Natural Law?

Answer 1

• The ethical belief that certain rights are inherent by virtue of human nature
• The universe has a natural order working to achieve a telos ∴ as humans are part of the natural world, they too have a purpose
• NL = about acting in ways that move us towards this telos

Question 2

Who can the ideas of Natural Law be traced back to?

Answer 2

• Aristotle
• He thought that the teleological goal for humans = to live a certain kind of life, using reason to recog. how to behave and achieve eudaimonia
• Believed that eudaimonia was very different from pleasure, as he regarded the pursuit of pleasure for its own sake as mere gratification

Question 3

When did Natural Law make its first systematic appearance?

Answer 3

• With Cicero, a Roman lawyer (c. 300 years after Aristotle)
• “True law is right reason in agreement with nature”
- i.e. reason states, ‘do not kill’, as only nature should take life
• For Cicero, the “author” of this law = G.

Question 4

How did Aquinas develop the connection between Natural Law and divine law?

Answer 4

• Agreed with Aristotle that rationality (ability to reason) = key element of human existence
• If the truths + teachings from the Bible could be shown to be based on reason and not just faith, Aquinas could help defend the faith from rising challenges (Europe was emerging from the Dark Ages - a period of intellectual ‘darkness’)
• Agreed with Aris. that everything has a purpose, but unlike Aris., argued that this purpose was given by G

Question 5

Where did Aquinas say that Natural Law was located?

Answer 5

• In the activity of human reasoning
• If we apply reasoning to moral problems, we are acting consistently with NL, as such acts = ‘natural goods’ as they are in line w/ human nature

Question 6

According to Aquinas, why did God create Natural Law?

Answer 6

• To allow humans to achieve the ultimate purpose of enjoying fellowship w/ G. + be in his perfect image

Question 7

What does it mean to obey Natural Law?

Answer 7

• Doing actions that develop our image to reflect the image of G
- Such true perfection ≠ possible on earth; the final purpose of humans is eternal rather than temporal

Question 8

What four levels of law did Aquinas identify?

Answer 8

• Eternal
• Divine (1st reflection)
• Natural (2nd reflection)
• Human

Question 9

What is Eternal Law?

Answer 9

• Refers to the principles by which G governs universe
• Can only be known in part
• Human brains cannot comprehend it, and so there are two “reflections” of Eternal law (Divine and Natural)

Question 10

What is Divine Law? (1st reflection of eternal law)

Answer 10

• Refers to the Bible, which guides us to reaching the goal of perfection, such as through the deontological laws of the 10 Commandments
• It aims at correcting that which was impaired by the fall

Question 11

What is Natural Law? (2nd reflection of eternal law)

Answer 11

• Refers to human choices due to our G-given innate human reason in identifying primary precepts
• Can only be known by our natural reason
• “Natural Law is the law written in all our hearts”

Question 12

What is Human Law?

Answer 12

• Recognition of the need to seek common good by est. customs/traditions of rules based in experienced judgements
• Enforced by society (police,courts, judges etc)
• Aq. recog. that this level of law could sometimes involve wrong reasoning + lead to injustice: “if in any point it defects from the law of nature, it is no longer a law but a perversion of law”
• Should be influenced by the two reflections of Eternal Law

Question 13

How is Natural Law deontological?

Answer 13

• What should be done = determined by principles, not based on consequences

Question 14

How is Natural Law absolutist?

Answer 14

• It identifies the right action by means of primary precepts

Question 15

What is casuistry?

Answer 15

• When core principles of pre-determined moral behaviour are applued to a case (orgin = Latin, ‘casus’, case), context or situation
• Reason is then used to determine a judgement on morality

Question 16

Why do some consider Natural Law a teleological approach?

Answer 16

• Due to the predetermined absolute principles considering the end result
• The origin or casuistry suggests that end results are considered

Question 17

Define primary precepts.

Answer 17

• Fundamental principles revealed to us by G
• They help us identify what our G-given purposes in life are, and identify ‘good’ acts
• Apply to all humans w/o exception
• If we fulfil them, brought closer to G

Question 18

List the five primary precepts. (Hint: POWER)

Answer 18

1) Preserve innocent life
2) Orderly living in society
3) Worship God
4) Educate children
5) Reproduce to continue the species

Question 19

What underpins the primary precepts?

Answer 19

• The most basic natural inclination to “act in such a way as to achieve good and avoid evil”

Question 20

Define secondary precepts.

Answer 20

• Principles that can be derived from the primary precepts
• While the prim.s = always true, self-evident and held universally w/o exception, the sec.s = not strictly universal ∵ may not hold in certain circumstances
- e.g. ‘do not steal’ reflects ‘orderly living in society’, but there are situations when the sec. may be supported by another prim., e.g. if stealing was for a hungry child, the act is justified as ‘preserving innocent life’ takes precedence

Question 21

What did Ronald Preston say about casuistry?

Answer 21

• The flaw w/ it is w/ the ppl who misuse it, not the discipline itself
• He maintains that it is essential as it involves the careful use of thought in applying general principles to specific circumstances
• “Christian ethics would be an exercise in ignorance without it.”