Chapter 4 - Natural Law ( Prt. 1) Flashcards
1
Q
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.
A
Natural law theory
2
Q
Christendom’s greatest thinker
-the so-called Angelic Doctor of the Catholic Church.
A
St. Thomas Aquinas
3
Q
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.
A
St. Thomas Aquinas
4
Q
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.
A
natural law
5
Q
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.
A
Natural law
6
Q
Historically, the concept of natural law first appears among the ____ during the _________ B.C.
A
Stoics
first century
7
Q
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”
A
early Stoics
8
Q
The Stoics equated nature with law and reason and taught that what was important was to live a life according to _______.
A
nature
9
Q
Living a life according to nature
A
Wisdom
10
Q
the ______ seemed to mean the recognition that everything happens according to a certain law, a necessity.
A
Stoics
11
Q
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.
A
wise
12
Q
Believes that everything that exist in nature serves a specific purpose.
A
Aristotle
13
Q
is the very reason or purpose of anything that came to be or simply-“the reason for being. - Aristotle
A
Self-realization or actualization
14
Q
the very characteristic that makes man truly human
the very function or activity that makes humans distinct from the rest of creation is the
A
capacity to think
15
Q
Thus, “to use and exercise our ______\ in suitable ways is the purpose and reason of what is meant to be human.
A
intelligence
16
Q
To do what is ____\ according to our nature as rational is what is good or right”
A
natural
17
Q
Aristotle’s conception of natural law revolves around four basic ideas. These are (Camp, Olen & Barry, 2015: 75):
A
- 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.
18
Q
, in its broadest sense, is “a rule or norm which governs nature and/or actions of things”
A
Law
19
Q
It is also generally understood as “any constant way of acting or reacting, any directive rule of activity.”
A
Law
20
Q
All beings in the world, both animate and inanimate, are under some sort of a ____.
A
law
21
Q
here is understood as a “rule of conduct which governs, directs, or regulates the free acts of men”
A
law
22
Q
He defines law as “an ordinance of reason for the common good, promulgated by one who has the care of the community”
A
St. Thomas Aquinas
23
Q
Essential Elements for a Law to be Reasonable (hjprpdp)
A
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
24
Q
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..
A
Law must be JUST
25
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
26
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
27
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
28
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
29
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
30
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
31
Attributes of the Natural Law:
The natural law is… OUHKI
Obligatory
Universal
Has its proper sanctions
Knowable or recognizable
Immutable or unchangeable
32
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.
33
. 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
34
Since, natural law possesses an obligatory character, it also has its own ____________ to those who do not obey its commands.
The natural law has its proper sanctions
35
The natural law is one law that is open to all rational beings to discover. And since the person has the natural power of reason and intellect to know certain truths about his/her own being (having been "imprinted" in his/her nature), he/she then can know what this law concerning his/her own being requires.
The natural law is knowable or recognizable
36
Since the author of the natural law is God Himself, whose divine decrees emanate from His unchanging and immutable nature (God as always God, forever and ever), His commands will always be the same as He conceived them from the very beginning in His infinite mind.
The natural law is immutable or unchangeable
37
Basic and Universal Natural Human Inclinations
1 self - Preservation or Survival
2 propagation of our Species
3 To Live in Peace and in Harmony with Other Men
4 To Seek for Truth and Knowledge of the Good
38
- that is, man has to preserve
himself in existence;
self - Preservation or Survival
39
Unite sexually to produce
offspring for the continuance of the next generation of the human race;
propagation of our Species
40
Just and fair dealings with others,
To Live in Peace and in Harmony with Other Men
41
- that is, to use his will and intellect to know the truth and seek the good, including his highest good, which is eternal happiness with God.
To Seek for Truth and Knowledge of the Good
42
Specific Ethical Principles Under Natural Law Theory:
The Principle of….
Double Effect
Inviolable life
Forfeiture
Totality
Stewardship
43
There are situations in life wherein good and bad effects or consequences of an act are both present and unavoidable.
Principle of double effect
44
is a moral principle that "provides a neat algorithm for solving all moral disputes [and problems] in which an act will have two effects, one good and the other bad"
The Principle of Double Effect
45
This principle applies to a situation in which a good effect and an evil effect will result from an act with a good or noble cause or intention/motive.
The Principle of Double Effect
46
In principle, an act that has good and bad effects is morally justified or permissible as long as certain conditions are met or satisfied. These are:
1. The action intended, in and of itself must be good or at least morally indifferent or neutral.
2. The evil effect must not be directly intended but morally allowed only as a regrettable side issue (side effect).
3. The evil effect must not be the means by which the good effect is achieved.
4. The good effect must outweigh the evil effect or at least proportional.
47
springs from the religious belief that life, any human life, is of infinite value as it is a sacred and precious gift from the Almighty Creator. Its worth outweighs everything in the world. It can never be sacrificed by whatever means or for whatever reasons.
The principle of the inviolability of human life
48
No one's life is more important or valuable than others. All lives are of infinite worth (that is, unquantifiable) that we simply cannot weigh one as against the other.
Each individual life is in itself incalculable or immeasurable.
The Principle of the Inviolability of Life
49
This principle applies to every human life, including the life of the unborn (fetus) that is still in the process of developing in the womb of the mother. The unborn, even in the earliest stages of growth does have all the basic natural right to life that must be protected from any harm.
The Principle of the Inviolability of Life
50
Human life from the moment of conception and through all subsequent stages is sacred, because human life is created in the image and likeness of God. This divine truth demands that we all must protect and preserve human life. Even an embryo is marked with a unique identity from the moment of conception.
The Principle of the Inviolability of Life
51
it is therefore immoral for any medical practitioner to participate in any action that intentionally and direonly tomera an innocent human life, such as abortion and direct cuthanasta.to a be said that the doctor's (or any health care professional for that matter) mission IS TO HEAL AND NOT TO KILL
The Principle of the Inviolability of Life
52
or similar cases, the principle of double effect may be applied. But only the ones who are truly competent, qualified and well trained (an ethics committee in a hospital) are given the authority to go through the ethical process of decision-making that the principle provides.
ectopic Pregnancy
53
This means that the life of a criminal is as importan as the life of an upright person. Our status in society does not count when weighing the value of one's life.
The Principle of the Inviolability of Life
54
Death penalty/ capital punishment
* The Principle of Forfeiture
55
There are real life cases wherein a person's life is mortally threatened by the presence of another who is an aggressor. Here, the person who is in mortal danger is innocent (an innocent person is one who has not willfully threatened anyone's life nor having any intention to do harm to anyone in any way).
The Principle of Forfeiture
56
Self defense
The Principle of Forfeiture
57
Thus, in this case, "it is morally permissible for you to defend yoursel; even to the point of taking another life if there is no other recourse or way out). The natural and fundamental human inclination and tendency to self-preservation or survival on the part of the aggressor is herein forfeited in your favor"
your actionis justified, and hence you will not be held accountable and cannot be punished by a court of law
Principle of forfeiture
58
Murder vs Killing
Murder - depriving an innocent person of their life
Killing - taking the life of noninnocent individual
59
refers to the view that a part (of the human body, that y exists for the good of the whole. This particular bioethica principle is often invoked when a particular part or organ of the human body has to be cut off, mutilated, or removed.
Principle of totality
60
it is only when an infectious organ is putting the entire body at risk, that it may be removed. Here, the preservation of the, whote is more important than the conservation
of the part.
Principle of Totality
61
Under the ethical principle of natural law, each person has a natural right to live and to continue in existence. Anything that will obstruct or put in jeopardy that natural basic drive and tendency goes against what is considered good. It is. therefore morally justified for anyone to do whatever is necessary to protect that right, provided no unjust harm is done to others.
Principle of totality
62
defective organ "may be amputated or excised for the good of the whole body organism" (Timbreza 1993:57).
Thus, a woman who is suffering from breast cancer may have this part of her body removed to stop the disease from invading the entire body and thus putting her life at grave risk.
Principle of totality
63
healthy organs may not be subjected to any form of mutilation and/or amputation, as this would pose a mortal danger to the person's health and well-being.
Principle of totality
64
considers as immoral the mutilation or removal of healthy organs for commercial purposes.
Principle of totality
65
has its basis on the religious belief that all life comes from God, the supreme creator and maker of all. This would imply that no individual person could claim that he or she is the owner of anything in the world and that of his or her own body. We humans are only given the power to take good care of creation and do not have sole authority to do whatever we want.
The principle of stewardship
66
morally wrong to commit actions such as suicide and euthanasia since _______ entails proper protection and responsible care of what the Almighty has given.
It goes without saying therefore that it is only God who has dominion over life and of our bodies.
Our duty is to take care of them until God takes them back from us in His own good time
The principle of stewardship
67
The earth and everything in nature as a gift from God, has to be taken cared of and should not be abused in any way.
In this light, we human beings do not own it but rather, we are just caretakers Whose responsibility is to protect it from harm.
This is not just an individual obligation but also a collective one.
This involves the whole community.
The principle of stewardship
68
For a war to be just and thus justified, it has to come from lawful and competent authority.
Lawful Authority
69
According to the Just War tradition, war is justified only if it is waged to protect the innocents from imminent harm.
Just Cause
70
"punishment for offenses or restoration of what was unjustly seized." As such, wars that are waged to invade and subjugate a nation and its people are morally wrong and can never be justified. Just like in the case of an individual person, nations do also have the right to defend themselves from unjust aggressors.
Just Cause
71
Hence, entering into a war with a _______ must include the violation of a nation's right such as its own claim to independence and sovereignty that is being put in jeopardy by the attack of an unjust foreign aggressor.
Just Cause
72
War, even when necessary, can only be justified if it is fought only as the last resort. This simply means that waging a war can hever be a first and primary option of a country against another.
Last Resort
73
all possible peaceful and legal means to resolve conflicts must be thoroughly exhausted and tried before one can resort to war.
Diplomacy, dialogue,
mediations, negotiations, arbitrations, bargaining or compromise are some of the alternatives that can be resorted to.
Only when all these (and more) fail that war can be considered as a legitimate option.
Last Resort
74
- Countries that decide to go to war should cave the element of good faith. This means that one should only have good motive in waging the war. A question to ask here could be:
Is the war for the sake of peace and justice or is it driven by revenge, power and greed?"
Good Intention
75
is necessary, in order to promote the common good, peace, protection of human rights, preservation of moral order, etc. Wars of aggression without any previous provocation and driven primarily, if not solely, by territorial conquest and destruction are simply immoral.
Right intention
76
- War can only be justified if
a nation that resorts to it has a reasonable chance of attaining its objectives. It is never morally right to go to war knowing fully well that success is virtually jmpossible, given one's military capability and that of the enemy,
Reasonable Chance of Success
77
Risking thousands (and even millions) of lives, including the noncombatants is too great a price to pay for a war that does not have, from the very beginning a chance of winning. Such a case can just do more harm than good, and this is never allowed under the moral law.
To be morally justified, a war should have a greater likelihood of victory than defeat.
Reasonable Chance of Success/
78
An un winnable war is an immoral war
Reasonable Chance of Success/
79
For a war to be justified, the right use of means should be intrinsically moral and legal. Countries involved must only employ "ordinary" means in combat.
Right Use of Means
80
The use of weapons of mass destruction, such as nuclear bombs, chemical or biological warfare, is a violation of this particular condition, and thus, morally objectionable.
Right Use of Means
81
/- Since War necessarily involves violence, any violent response thereof must be directly proportional to the act of provocation or aggression coming from the enemy.
Proportional Response
82
The act of self-defense allows only the kind of response that would repel the attack and never to go to the extent of totally pulverizing the enemy to the ground. There must be no wanton slaughter or destruction that has no direct effect on the outcome of the war.
Proportional Response
83
The moral duty to minimize harm entails that a nation should cause little harm as much as possible in trying to protect itself or else it will already be an
over kill
Proportional Response
