Aquinas' Natural Law: Laws and Precepts

Question 1

What theory did Aquinas build on?

Answer 1

Aquinas built upon Aristotle’s Natural Law and the idea that the universe has a natural order that works to achieve an ‘end’ or ‘purpose’ (telos).
Unlike Aristotle, due to his Roman Catholic beliefs, Aquinas argued that this end is to be in unity with the Christian God. he called this the Beatific Vision.
He incorporated Aristotle’s Cardinal Virtues but argued that human flourishing and well being are vital and the true realisation of it is to be found in unity with God.

Question 2

Aristotle

Answer 2

384BC-322BC
Thought end goal for man was to live a moral life- we needed to use reason to know how to behave.
The combination of reason and moral action follow the natural order.
Foundation of Natural Law- thought telos for man was to be reasoning creatures so that we reason to recognise how to behave. When we act morally we have fulfilled our telos.

Question 3

The ultimate goal according to Aristotle

Answer 3

Overriding goal= eudaimonia (flourishing/ happiness)- not simply pleasure but living well and being fulfilled.
Happiness came about through making reasoned choices -> consequence.

Question 4

Cicero

Answer 4

• credited with NL’s first systematic appearance.

“True law is right reason in agreement with nature; it is of universal application. Unchanging and everlasting, it summons to duty by it’s commands, and averts from wrongdoings by its prohibitions”

• believed the ‘author’ of this law was God.
• connection between natural law and divine law was developed by Aquinas.

Question 5

Outline of Aquinas’ Natural Law

Answer 5

• Judges morality of an action on the purpose for which things are intended. (given by God)
• universe has a ‘natural order’ towards a purpose that human beings are apart of
• Humans must act as to fulfil their nature and purpose as created by God.
• One common human nature, so the same purposes apply to everyone.
• To act in accordance with Natural law is to perform an intrinsically good action, even better if from a good motive.
• Sin is falling short pf these purposes by mistakenly following an apparent good over a real good. Actions which fall short of God’s purpose are evil.

Question 6

How is Aquinas’ Natural Law seen?

Answer 6

As moral absolutism as emphasis is often placed upon the primary precepts and their corresponding moral obligations.
This leads to this being viewed as deontological ethics because moral behaviour is determined by fundamental principles (unrelated to consequences)
Role of virtues is still important to Aquinas.

Question 7

Involvement of reason

Answer 7

It is reason that determines how we apply precepts and to work out the purposes involved in each action- leading to secondary precepts which are more specific.

Aquinas’ natural law can also be viewed as teleological because (1) it is based on the end purpose of the beatific vision and (2) in the development of secondary precepts, an end goal is considered.

Question 8

Activity of human reasoning- two concepts

Answer 8

Aquinas believed NL can be found in the activity of human reasoning.
Believed that God has given humans the abilities of SYNDERISIS (the use of reason to understand basic moral principles and an understanding of right and wrong) and CONSCIENTIA (the actual ethical judgement a person makes which leads to a particular course of action based upon these principles. Practical application of conscience).

Question 9

How can we know natural law?

Answer 9

1) THROUGH REVELATION: eg. Paul’s letter to the Romans.
Paul asks why Gentiles obey laws from the Torah, when they’ve never heard of it.
God gave us two laws; the Torah for Jews, NL for Gentiles.

2) THROUGH HUMAN REASON: a moral life is a life lived according to reason. An immoral life is one lived at odds with reason.
Reason tells us that the ultimate purpose or telos of human life= fellowship with God.

Following NL is the way humans can share in God’s eternal nature.

Question 10

‘Natural good’

Answer 10

‘Natural good’ refers to the fact that we act consistently with the NL when applying reason to moral principles. This happens because they are in line with our true purpose.

Question 11

Design of Natural law- God’s likeness and image

Answer 11

• Aquinas believed NL was created by God and designed to help us reach our telos of enjoying fellowship with God and being in His perfect image.
• Obeying NL means doing actions that help us develop as closely as possible to the image of God- but it is not possible to reach true perfection on earth.
• Aquinas’ view of final purpose was in terms of the eternal (afterlife) rather than the temporal (here and now)

Genesis: (Beatific vision)
Made in God’s likeness (need to work towards) and image (already achieved)

Question 12

Natural laws association with divinity and reason

Answer 12

Although NL has divine origins, it still requires the use of reason (synderesis). God is the source of the NL, but it is rooted in the human mind.
When reasoning takes place, good reasoning will result in us following the NL.
As we are made in God’s image, we have the potential to reflect His image perfectly- to become morally good.

Question 13

Casulstry

Answer 13

• the science of judging cases of conscience or moral problems. (from Latin casus meaning case)
• NL uses reason to work out the morally correct behaviour.
• when the core principles of a predetermined moral behaviour are applied to a ‘case’, context or situation.
• reason is used to apply the rule and make judgement on the morality of the situation.

Question 14

Deontological/ teleological?

Answer 14

Dispute between nature of the theory.
Natural moral law often seen as deontological and absolutist. But can also be deemed teleological through casulstry.
Although NL is determined by principles established divinely, and we have a duty to follow them, the fact that we are applying these principles to ‘cases’ demonstrates that the end result is being considered.

Therefore it is accepted that NL has some teleological elements.

Question 15

Aquinas’ moral precepts outline

Answer 15

• Aquinas believed these applied to all humans without exception. They are good acts because they lead us towards our telos.
• Most fundamental one that underpins all the precepts is: “Act in such a way as to achieve good and avoid evil”
• If the action helps us fulfil our purpose, then it is good.
• Primary precepts help us to identify what are our God-given purposes in life, and therefore which acts are ‘good’

Question 16

Aquinas’ moral precepts

Answer 16

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

Question 17

Secondary precepts

Answer 17

• can be deduced from primary precepts (PP are always true, held universally, self evident)
• not strictly universal as they might not hols in certain circumstances and are derived through reasoning from the primary precepts.

Question 18

Secondary precepts example

Answer 18

‘do not steal’
- supports primary precept of ‘orderly living in society’
- it is accepted that sometimes not following secondary precept might support another primary precept
- eg. stealing to feed a hungry child (preserving innocent life)- primary precept takes precedence. NL always demands that primary precepts are adhered to.
- we need casulstry to ‘work out’ what to do

Question 19

Aquinas’ definition of law

Answer 19

“a certain rule and measure of acts whereby man is induced to act or is restrained from acting”

• rule and measure of human actions is reason, law has an essential relation to reason (first place= divine reason, second place= human reason) - WHEN it acts correctly ie. in accordance with the purpose or final cause implanted in it by God.
• Law is directed by good, and especially to the universal or common good- addressed not primarily to private persons but to a whole or community.

Question 20

Promulgation

Answer 20

• meaning the application of the law to those to whom it is applied and the communication of this to them.
• this is essential to the nature of the law
• NL is promulgated by God- “God has installed it into human minds so as to be known by them naturally”
• Divine and human laws can be promulgated by word or mouth or, even better, by writing.

Question 21

Aquinas’ kinds of law

Answer 21

• Aquinas recognises four main kinds of law.
• Eternal, natural, human, divine- the last three depend on the first, but in different ways.
• Hierarchy, does not include divine law- not in conflict with natural law, reaches human beings by a different route, revelation.

Question 22

Four levels of Aquinas’ law

Answer 22

Most common law: HUMAN LAW- we seek common good by establishing rules based in experienced judgements.
NATURAL LAW- part of the eternal law that applies to human choices in identifying precepts and is known through synderesis.
DIVINE LAW- refers to Bible, which guides us to our goal of perfection. Aimed at correcting mistakes resulting from the fall, perfection cannot be achieved in this life.
ETERNAL LAW- we only know this in part as this refers to the principles by which God governs the universe.

Question 23

Eternal law

Answer 23

• identical to the mind of God as seen by God himself.
• can be called law as God stands to the universe which he creates as a ruler does to a community which he rules
• when God’s reason is considered as it is understood by God Himself ie. in it’s unchanging, eternal nature, it is eternal law.

Question 24

Divine law

Answer 24

• derived from eternal law as it appears historically to humans (through revelation)
• divided into Old Law and New Law- roughly corresponds to Old and New Testament of the Bible.

Old Law ≈ Ten Commandments
- commands conduct externally- reaches humans through their capacity for fear- law promised earthly rewards (social peace and it’s benefit)
New Law ≈ Teachings of Jesus
- commands internal conduct- reaches humans by the example of divine love- promises heavenly reward.

Question 25

Human Law

Answer 25

• sense of teleology inputted.
• could be determined as ‘positive law’- laws actually enacted and put in force in our human communities. BUT human law fits just those so-called positive laws which are what written and enacted laws should be.
• so-called laws which fall short of what they should be are not true laws at all.
• laws devised by human reason adapted to geographical, historical, and social circumstances.
• human law is no exception to the direction of common good. (promotion of virtue is necessary for this, and human laws become instruments for virtue)
• Aristotle points out that most people are kept from crime by fear of the law. Aquinas accepts this, suggesting that by coercion even men who are evilly disposed may be led in the direction of virtue.

Question 26

What did Aristotle reason for laws being important? (three points)

Answer 26

1) Easier to find a few wise persons who can make good laws than to find many who, in the absence of laws, can judge correctly in each instance.
2) Lawmakers can deliberate at length before making laws while many particular cases must be judged quickly, when they arise.
3) Lawmakers judge in the abstract and are less likely to be swayed by emotions evoked by concrete circumstances or by the kinds of things that tend to corruption;
less danger of perversion of law, which is formulated in general, than there would be a perversion of judgement in particular cases where no law exists to guide judgement.

Question 27

How are laws general?

Answer 27

• laws are general BUT adapted to the nature of the community, which is subjective, and to the classes of individuals who make up the society.
  eg. one set of laws that govern conduct of trade, another to govern the control of parents over their children (police force etc.)
• laws are general in TWO WAYS: all are worthy of the name laws are directed towards the common good, and even specific laws , say, for merchants, are general in some way- that they go farther than a single case.

Question 29

Five points regarding human law