Chapter 4 - Natural Law ( Prt. 1) Flashcards
refers to the general view that moral rules and principles are objective, absolute and universal truths that can be discovered in the nature of things and in the structure of life itself through the use of reasoned reflection.
Natural law theory
Christendom’s greatest thinker
-the so-called Angelic Doctor of the Catholic Church.
St. Thomas Aquinas
His thorough, grand and systematic religious interpretation and appropriation of the purely secular and humanistic Aristotelian conception of nature has exerted a significant influence in the way Catholic teachings are traditionally framed and articulated throughout is history, particularly on matters concerning sexual morality.
St. Thomas Aquinas
refers to the laws that are built into the nature of life itself, and thus are knowable generally to all people in all societies or cultures.
natural law
Reason that is “built in” in all of us is what enables us to discover what is right and wrong and what’s best for us.
Natural law
Historically, the concept of natural law first appears among the ____ during the _________ B.C.
Stoics
first century
The ___________ believed that “human beings have within them a divine spark (logos spermatikos - “the rational seed or sperm”) that enables them to discover the essential eternal laws that governed the whole cosmos that are necessary in the attainment of individual happiness and social harmony”
early Stoics
The Stoics equated nature with law and reason and taught that what was important was to live a life according to _______.
nature
Living a life according to nature
Wisdom
the ______ seemed to mean the recognition that everything happens according to a certain law, a necessity.
Stoics
The ______ person knows that things must be as they are, and achieves happiness and a sense of purpose by learning how to accept the necessities of things and events.
wise
Believes that everything that exist in nature serves a specific purpose.
Aristotle
is the very reason or purpose of anything that came to be or simply-“the reason for being. - Aristotle
Self-realization or actualization
the very characteristic that makes man truly human
the very function or activity that makes humans distinct from the rest of creation is the
capacity to think
Thus, “to use and exercise our ______\ in suitable ways is the purpose and reason of what is meant to be human.
intelligence
To do what is ____\ according to our nature as rational is what is good or right”
natural
Aristotle’s conception of natural law revolves around four basic ideas. These are (Camp, Olen & Barry, 2015: 75):
- Everything in nature has a purpose.
- Everything in nature has an essential nature certain features that constitute its defining features.
- Everything in nature has its proper good.
- Something’s natural purpose, its essential nature, and its proper good are intimately related.
, in its broadest sense, is “a rule or norm which governs nature and/or actions of things”
Law
It is also generally understood as “any constant way of acting or reacting, any directive rule of activity.”
Law
All beings in the world, both animate and inanimate, are under some sort of a ____.
law
here is understood as a “rule of conduct which governs, directs, or regulates the free acts of men”
law
He defines law as “an ordinance of reason for the common good, promulgated by one who has the care of the community”
St. Thomas Aquinas
Essential Elements for a Law to be Reasonable (hjprpdp)
Must be HONEST
Must be JUST
Must be POSSIBLE OF FULFILLMENT
Must be RELATIVELY PERMANENT
Must be PROMULGATED
Must be DIRECTED TO THE COMMON GOOD
Must be promulgated by ONE WHO HAS CARE OF THE COMMUNITY
This means that a law should not command what is morally wrong or evil. It must promote and uphold the inherent rights and dignity of every human person..
Law must be JUST
This means that a law should not contradict in essence to any higher law. It should also be consistent within itself.
Law must be HONEST
This means that the people who are obliged by a law can follow it without extreme difficulty. A law that is simply beyond the normal capacity of an ordinary individual to fulfill is, strictly speaking, not a law meant for humans but one which is for angels.
Law must be POSSIBLE OF FULFILLMENT
This means that a law, once established and enacted, should be more or lessstabten meaning, it must be something that continues to be binding on the subjects,
Law must be RELATIVELY PERMANENT
This means that a law, in order to be
followed by the subjects, must be made known or publicize to them in a language or manner that is understandable so that they can comply with it.
Must be PROMULGATED
This means that a law should promote the general welfare rather than just serve a few individuals, A law that only benefits a privileged sector cannot be considered a law in the truest and finest sense of the word. Thus a law should always be for the good of all or the entire community
Law must be DIRECTED TO THE COMMON GOOD
This means that a law should be enforced or established by a competent and legitimate authority; be it a single person (president/prime minister/sultan/head of state, etc.) or group of persons, such as the city council (local level) or the senate and congress (in the national level).
Law must be promulgated by one who has the care of the community
Attributes of the Natural Law:
The natural law is… OUHKI
Obligatory
Universal
Has its proper sanctions
Knowable or recognizable
Immutable or unchangeable
The natural law is said to carry with it an obligatory element precisely because .. it imposes upon men the moral obligation to follow it as a necessary condition to attain the last end of man] or [his ultimate] happiness. It declares to man his [moral] duty; it speaks the voice of authority”
The natural law is obligatory.
. The natural law is said to be _______ in its character in the sense that it is applied to all people regardless of differences in culture, tradition, nationality, religion, political beliefs, race, individual temperaments, ethnicity, etc.
The natural law is universal