Natural Law

Question 1

What is natural law?

Answer 1

• Deontological -looks at the rules / acts itself

^ looks at the intent behind an action and not its outcomes.

• St Thomas Aquinas and Aristotle developed this theory - To maintain that humans are designed for perfection, we should pursue good/avoid evil.
• Natural Law is discovered through human reason and not through revelation: Everything is created for a particular function
• Natural Law is an absolutist theory (the idea that morality and truth is ‘absolute’ i.e., the same for everybody regardless of the context)

Question 2

Aquinas Tiers of Law

Answer 2

He defines laws in general ‘a rule of action put into place by one who has care of the community’
Aquinas thinks of morality in terms of law

1. Eternal Law - Gods plan =whatever the culture, society etc, laws still remains. it is absolute and not relative to different people or situation. God planted the eternal law in every person’s rational soul
2. Divine Law - The rules sent to us by God, the Bible. Teachings and commandments. (E.G.) Sermon on the mount. This sacred scripture, revealed by God, is God teaching human beings how to live
3. Natural Law - do good, avoid evil(synderesis rule) = it allows humans to percieve eternal law through the application of human reason - through through the reflection of the world, accessbible for thewhole of humanity.
4. Human Law - law of your society = which follows secondary precept = This is a response to the messages from God in reason and in revelation. Human laws have customs and practices of society. Look around the world, and many human societies come up with the same laws, protect life, lookafter the young etc

Question 3

Synderesis rule:

Answer 3

• The moral consciousness of every person to do good and restrains from evil
• use casuistry =working out if a telos of an action is ethically good
• when applying - known as conscientia

Question 4

Origins of natural law & in practice

Answer 4

• Aquinas developed this idea from Aristotle. He beleived there was an unchanging order to the physical world. So by understanding this principle, we all act toward an ultimate aim
• Its teleological = the action is either right or wrong
• Natural law argues that everyone and everything acts with telos - we all act toward an ultimate aim.

e.g. the ‘telos’ of sex is to procreate. however any sexual activity that prevents the telos (contraception) is wrong

Pope Benedict shared rhat society **has a ‘LOST SENSE OF VALUE’ **= without an absolutist ethical theory like natural law, humans feel free to do as they please leads them to pursuit apparent good.

Question 5

St Thomas Aquinas- Context

1225

Answer 5

• influenced by Aristole.
• He’s the most influential writer and think of catholic Christianity = was a saint in the eyes of the church
• 12th century writer
• propose natual law in his works of summa theologica 1265

Question 6

Aristotle ethical theory - virtue theory

4 cardinal virtues

350BC

Answer 6

A virtue is behaviour showing moral standards. (in other words - something that better our actions.)

E.G. honesty,generosity,courage

He believed if we possessed certain virtues and acted on them, we would flourish as humans.
The aim is for humans is to be happy ‘Eundaimonia’ [meaning that humans should always seek purpose and meaning]

Aristotle’s four cardinal virtues, foundational to moral excellence, are:

1. Courage: Confronting fear with bravery.
2. Temperance: Exercising self-control and moderation in desires.
3. Prudence: Employing practical wisdom in decision-making.
4. Justice: Upholding fairness, equality, and moral principles in interactions.

These virtues guide behavior towards eudaimonia, or flourishing, serving as the basis for ethical living - ensures a life of caritas, dedicated our lives to God.
These virtues provides:
Development of Character: by repeatedly acting in accordance with virtuous principles until they become second nature.
It also provides Practical Wisdom: Aristotle identifies practical wisdom as the intellectual virtue necessary for making moral decisions and determining the mean between extremes in particular situations.

Question 7

Aristotle 3 types of souls

Answer 7

Aristotle proposed three types of souls:

• Vegetative/Nutritive : plants - able to grow and reproduce. Responsible for basic functions like growth, reproduction, and nutrition. It is the lowest level of soul and is associated with plants.
• Sensitive: animals- able to grow, reproduce and move. Animals with this type of soul can perceive their environment and react to it but lack reasoning abilities.
• Rational: humans - same as animals but also with the ability to reason. According to Aristotle, this is what distinguishes humans as rational beings.

These types of souls play a vital role in his natural law theory:
It provides purpose which guides the actions and behaviors of living beings, suggesting that there is a natural order inherent in the universe that humans can understand and follow.
+ It suggests that humans have a special capacity for moral reasoning and decision-making, which should guide their actions in accordance with natural law principles.

Question 8

precept

Answer 8

a general rule intended to regulate behaviour

Question 9

Primary Precepts

Answer 9

In order to follow the synderesis rule, Aquinas developed the five primary precepts which are the fundamental of Natural Law.

(direct reflection from eternal law)

1) Self-preservation/preservation of the innocent.
2) Continuation of humanity through reproduction
3) Education of children
4) to live in a peacefully society
5) worship God

Question 10

secondary precepts

Answer 10

Humans then use their reason to apply the requirements of the primary precepts into their life.

This application is known as the secondary precepts.

Examples of secondary precepts:
* do not murder- fulfils the primary precept of preservation
* do not abort- fulfils the primary precept of preservation and continuation of humanity
* Praying- fulfils the primary precept of worshipping God

Question 11

Real and Apparent good

why do we do wrong?

Answer 11

• AQUINAS argued that misguided reason leads humans doing bad things because they are mistaken by apparent goods.
• Aquinas believed in reality of temptation
  “No evil can be desirable, either by natural or by conscious will” (E.G. Adam and Eve)
• no person truly seeks evil, they are only apparently good
• Aquinas thought reason identified cardinal virtues: fortitude, temperance, justice and prudence
  (E.G someone who steals a neighbour’s new car made a decision abt the pleasure gained.)

Question 12

The doctrine of double effect

Answer 12

there are times when you cnnot do good without bad consequences

‘Nothing hinders one act from having two effects’

It’s possible for someone’s action to have two effects, one which upholds a precept and another that doesn’t.

it can be permissible to cause harm if the harm is a side effect of an action whose main intent was meant to bring abt good

If the person intends the good effect, then they can be justified.
Aquinas claimed that it was permissible to kill someone in your own self-defense only to preserve life not to kill.

Depends on the intentions = he distinguishes from exterior and interior action. Interior about our intentions behind the act. Exterior acts are acts that are visible. Best when both acts are good.
The motive should focus on a good effect (hoping to save life).

can also link this to euthanasia - when a doctor has genuine intentions

Question 13

cicero natural law quote

Answer 13

‘true law is right reason in agreement with nature’

Question 14

Interior and exterior acts

Answer 14

Aquinas believed that we must do right thing for right reason. However, if you doing the right things for the wrong reason its not good. both acts should be good.

E.G. Given money to charity (exterior act = good) but if an individual is only doing it to look Good/receive praise (interior act = bad)

Question 15

why the primary/secondary precept is flawed

Answer 15

• The precepts contradict each other:
  e.g. in the case of a mother who could die without abortion creates a dilemma. if she aborts she goes against = do not kill, however if she defends the innocent she looses her life and subsequently goes against the same precept. = known as the double effect

Question 16

strength of natural law

Answer 16

• concentrates on human character
• Gives us clear rules: we dont need to look outside ourselves - timeless - still relevant
• It is an absolutist ethic that guarantees universal protection of human life e.g. primary precept of preservation of life.
• Based on reasoning rather than emotion
• Unites major monotheistic religions.
• It focuses of the value of human life.
• Emphasises social harmony.

Question 17

weaknesses of natural law

Answer 17

• The double doctrine of Effect.
• depends on how you define good; E.G. Moore believes that goodness is unalysable and unnatural. = Its wrong to base our actions on reason as some people have limited practical reasons than other.
• cultural relativism challenges the idea of common natural law = what is right or wrong depends on the culture. (due to a merely different society)
• The theory is based on a belief that we are naturally inclined to do good and avoid evil. = its unreliable - Scripture is more reliable than reason,
  as reason leads to corruption
• Peter Vardy- individual problems do not fit into Natural Law Theory = It limits human freedom and does not take into account exceptions.
• Commits the Naturalistic Fallacy- just because nature is a certain way does not mean it ought to be

Question 18

eternal law

Answer 18

• represents the absolute and eternal part of natural law
• law is the same regardless
• law is unchanging

Question 19

divine law

Answer 19

• God specifically revealed the natural law (e.g.10 commandments)
• teaches humans how to live

Question 20

natural law

Answer 20

• allows humans to percieve eternal law through te application of human reason, through reflection of the world
• eventhough we may not follow holy sciptures we cn still use reason to act in a moral manner

Question 21

reason

Answer 21

determines telos
‘to disparage the dictate of reason is to condemn the command of God’

Question 22

The telos and ultimate end

Answer 22

• Aristole says that every being acts towards an end - happiness or eudaimonia.
• For Aristotle something is good if it fulfilled its end.
• He also thought there was a Prime Mover in the universe responsibile forseetting in the motion. seeing God as the prime mover.
• ‘Natural law goes beyond humans law’ - summa theologica
• Divine help is needed
• The good exterior is compromised by a bad interior act
• However, emotions may confuse/influence decisions making

Question 23

Evaluation of virtues ethics

Answer 23

STRENGTH:
- acknowledges the uniqness of different ethical situations and thereby is capable of taking the situation into accounts
- It’s flexible,promotes human flourishing, life is too complicated and situations too diverse

WEAKNESS: Virtue ethics fails to give clear guidance. Consequnists theorist like situation ethics and utilitarianism are also flexible and provide clear understanding. E.g. the principle of utility and fletcher principle of agape.

Question 24

Does natural law provide a helpful method of moral decision making?

Answer 24

• Natural law comes from the reflection of the natural world. We see that children need to be educated; it seems natural to protect life.
• It provides moral rules that can be applied to various situations, aiming for clarity in a world perceived as relativistic.
• “Application of Natural law varies greatly” CCC
• However, its reliance on religious beliefs, such as the existence of God and purposeful order in the world, can limit its applicability to those who do not share these beliefs. = things we observe are not always straightforward, which undermines the basis on which Natural law generates.
• Despite its legalistic nature, natural law theory recognises the importance of conscience and provides ways for informing societal rules and civil law.

Question 25

Does human nature have an orientation towards the good?

Answer 25

• Aquinas holds a positive view of human nature, suggesting a natural inclination towards doing good, leading to the formation of moral laws that promote flourishing life.
• In a diverse and interconnected society, common morals are deemed necessary to maintain order and prevent chaos, potentially appealing to a legalistic morality like natural law theory.
• However, skeptics like Hobbes(who lived through the English Civil War) argue that human nature is inherently dangerous and damaging, prone to conflict
• Human damages on the natural world challenges the notion of a natural urge towards goodness, this is through pollution etc which raises questions about motivations like self-preservation or personal pleasure.

Question 26

Had the universe as a whole been designed with a telos?

Answer 26

• Natural law theory posits a designed universe with a fixed end or telos for all creation, but some reject this notion, seeing randomness and chaos in the world instead of intentional design.
• Even believers in God find the concept of telos challenging, as it may oversimplify complex human experiences like sexuality.
• Critics like Hans Kung argue that natural law’s reliance on fixed notions of human nature ignores the diverse aspects of human experience.
• However, defenders suggest that natural law could still be valid if it promotes principles that lead to flourishing societies, even if the concept of telos is reinterpreted in this context.

Question 27

Can the doctrine of double effect be used to justify an action, such as killing someone as an act of self-defence?

Answer 27

• Natural law theory protects life and opposes actions that result in harm to life.
• The doctrine of double effect adds complexity by allowing actions with both intended and unintended consequences, such as self-defence resulting in harm to the attacker.
• This principle can be applied to justify various actions, including abortion in cases of medical necessity
• However, questions arise about how to determine true intentions behind actions and whether the distinction between intended and unintended consequences is plausible, revealing weaknesses in the natural law when facing morally ambiguous situations.

Question 28

philosopphical weakness

Answer 28

• whether if this points work or not = more strengths - more weakness?
• would you use this as a way of making decision?
• what would these pholoisiohical theorist says?
• G.E. Moore - Aquinas talks of real and apparent goods. bUT WHAT IS THE MEANING OF GOODNESS - trying to explain goodness is like trying to explain the colour yellow
• Barth - reason is falliable - untrustworthy - should rely on divine revelation in scripture for right or wrong