natural law Flashcards

1
Q

t

who created natural law theory

A

aquinas

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2
Q

what type of theory is natural law

A

relgious ethical nd somewhat influenced by the ctholic church
an absolutist ethical theory
a deontological theory
and a telelogical

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3
Q

what is an absolutism theory and why does it relate too natural law

A

actions are morally good or bad in themselves, no other critieria is needed to assess whether an action is good or bad

natural law is an absolutist ethic - this is because quinas belived that god made all actions either good or bad in themselves

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4
Q

what is a deontological theory and why does it relate too natural law

A

the action only should be judged right or wrong when deciding the morality of an action

natural law: it mostly judges actions

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5
Q

what is a telelogical theory and how does natural law relate too this

A

right and wrong should be judges by the end purpose of our action

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6
Q

what is the natural law theory in simple

A

attempt to find a rational basis for christian morlaity / ethics
by acting according to our god given nature we will flourish in our life with god, thus reaching the highest good
it focuses on rules that govern how we ought to behave however it has been adopted by the catholic church
so acing towards god rules that whats we should do and gods beliefs

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7
Q

what is the purpose of natural law

A

aquinas reason that the universe was created by god with an end purpose. as humanity is the most impoartant part of gods created universe then humanity must two have an ultimate end purpose set by god
aquinas belive dthat natural law had two purposes: to explain what the god created the end purposes is for all humanity and to explin the way in which gods end purpose for humanity can be achieved.

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8
Q

what did aquinas belive that the end purpose for all humanity

A

aquinas velived that the ultimate end purpose for all humanity was to achieve eternal life in heaven with god after death

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9
Q

how did aquinas argues that natual laws second purpose was how to achieve the end

A

aquinas said that humanity can achieve eternal life in heaven by becoming more like god (our highest good) - he belived that people were born with the god given end purpose to develop as closly as we can to image of god
if a person can follow aquinas natural law then they can develop into the image of god and if they can do this that they have achieved their highest good and will achieve their ultimate purpose with god

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10
Q

how did aquinas believe people good try and chieve thier highest goods (1st) step

A

the primary and secondary precepts

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10
Q

what is orderly living

A

we should live toghther in harmony

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11
Q

what is the primary precept: power

A

aquinas reasoned that becausehumanity was created by god into a pruposefull univer than humanity must also have god given purposes
he reasoned five purposes based on this
he said that the 5 primary precepts were permanant and unchanging because they were set by god from the beginning of time.
they include: preservation of life
orderly living
worship god
education
reproduction

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11
Q

what is preservation of life

A

we should preserve their own life and those of the innocent

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11
Q

what is worship god

A

We all have a duty to worship our creator

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12
Q

what is education

A

everyone should seek to be eduacted and thus understand the nature of gods earth

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13
Q

what is reproduction

A

humanity should procreate nd have babies

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14
Q

what is the secondary precepts

A

the secondary precepts work on the idea that any action breaks one of the primary precepts above is a bad and any action that up holds a primary precept is good
for exammple: one of the precepts if reproduction so homosexuality and contrception goes against that primary precept.

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15
Q

what are aqinzses virtues

A

if a persons characters was virtuous it would help them uphold the above deontological secondary preceps.
there was 7 good virtues that are split into two parts
the 4 cardinal virtues
the 3 revealed virtues

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16
Q

what are the 4 cardinal viirtues - jcpt

A

the first cardinal virtue is courage: the ability to overcome fear by having discipline and endurance - it should be used to stand up for whats right
temperance: self discipline with our physial appetities - the ability to resist the temptation of say casual sex
prudence - associated with wisdom - the ability to judge the appropriate action at a given time - when to back down when we know we are wrong
justice: enccourages a person to look outward from themselves and to make a stand when they see an injustice is committted - standing up for bullying

they are the originate writings of aristotle

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17
Q

what are the 3 revealed virtues - little fat hogs

A

faith: total belief in god
hope: the belief that god is always present with you - never give up on gods love
love: love everyone that we know and ourselves

they are the virtues originate from the bible

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18
Q

what are naturals law ecterior and interior acts

A

exterior acts: the actions a person carries out - helping an old person cross the road

interior acts: the intentions behind our acts
- helping homeless people withbthe intention too just brag about it.

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19
Q

why are the interior acts and exterior acts for natural law

A

aquinas says that he adds thie in because he accepts that we can hide our true intentions behind our good actions
therfore despite the good exterior this particular action was only carried out for the bad intention
so for aquinas to be morally goof a person must do both a good action and do it for a good action

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20
Q

what is real and apparent good

A

people dont use thie god given reason corectly

21
Q

what is apparent good

A

aquinas belived that anyone who is bas isnt deliberatly bad they are just using their god given purpose wrong

22
Q

what is real good

A

aquinas called good reasoning the rea; good

23
Q

what are aquinas four levels of laws

A

eternal law
divine law
natural law
human law

24
Q

what is eternal law

A

the law states that god created all moral laws - however only god can know theses laws and humans dont have the brain knowledge for it they only know it partially.

25
Q

what is divine law

A

the reflection of gods eternal laws is seen through the bible - reveled in the ten commandments

26
Q

what is the natural law

A

aquinas accepts not everyone will have the opportunity to read the bible and see the divine laws

27
Q

what is human law

A

how we live day by day

28
Q

natural law applicarion

A

abortion: asvg

29
Q

Strength of natural law

A

Natural Law is Universal
* Natural Law is applied the same to all people, at all times i.e. it is universal.
* This is an excellent basis for morality because everyone will be treated the same regardless of gender, race or culture e.g. abortion is usually wrong according to Natural Law whether you are 16 or 30, British, Italian, South African etc

Provides society with much needed common morality
* It can be argued we live in a society in moral decline.
For example, serious attacks on people, abortions etc continually show an upward trend.
Therefore, what society needs in order to improve morality, is a universal, decisive and clear deontological moral ethic, like Natural Law, that everyone should follow.
* A supporter of this was Pope Benedict: he called modern ethics a ‘dictatorship of relativism’. What he is saying is that society needs a common, clear and decisive ethical standard: something that Natural Law could provide.
Natural Law promotes human rights
* This can be seen in the ‘Human Rights Charter of the United Nations’ signed in 1947.
* Some of the main rights that were agreed upon were:
’The right to life’, ‘The right to an education’ etc. Thes are similar to some of Natural Laws Primary Precepts.
Natural Law is Objective
• Natural Law is completely objective (it is not biased by our own feelings and desires). This is a good basis for ethics because Natural Law is constant and will not change to match any emotional whim.

30
Q

Weaknesses of natural law

A

Natural Law ignores consequences
* Natural Law ignores any potential bad consequences of our actions.
* For example, a Natural Law secondary precept is that
’contraception is wrong’ because it breaks the Primary
* Precept of ‘reproduction’.
* However, the consequences of this is that poor families, particularly in third world countries, are having children they can ill afford to bring up. Thus creating greater poverty and suffering.
* Natural Law ignores these bad consequences.
People are different
Natural Law states that God made us all the same - with the same 5 primary precepts (POWER).
Therefore, we all have the same purposes in life (the primary precepts) and thus can be judged by the same Secondary Precepts.
* This is an issue taken up by Philosopher Gareth Moore.
He claims people are different, for example, we are affected uniquely affected by our culture and up-bringing.
* Therefore, it can seem unjust to judge all people, on the same five criteria (the primary precepts).
Secular Society
* We live in a Secular Society (a declining religious society). Thus, Natural Law can seem irrélevant because Natural Law is based on the idea that God created us and we all have the same God given reason.
* This is something that society does not generally believe in anymore.
Postmodern Society
• Moreover, Sociologists argue we live in a Postmodern society (that includes the idea that people are not inclined to accept deontological rules). Therefore, Natural Law does not fit with Postmodern Society because Natural Law has fixed.

31
Q

develpoment - john finnis

what os his development on the seven basic human goods

A
  1. life - self perservation, fredom from pain. mariage between a man and women - freedom to procreate
  2. knowledge - to compreheand and make sense of the world and our existence
  3. play - seeking fun
  4. aesthetic experience - an appeciation beuty both in the natural and the world we create ourselves
  5. friendship - peace and harmony between poeple
  6. practical reasonableness - the working out of how to put a basic good into the practise
  7. relgion - the freedom to have a harmony between the self and non human reality that gives meaning and purpose to life
32
Q

develpoment - john finnis

what are the nine requirements

A
    1. have a coherant plan of life - view life as a whole = have committments
  1. no arbitary prefrences among values - prioritisng of goods is necessary but must be rational and never reject a good outroght
  2. no arbitary prefrences among persons - goods should be avlaible for everyone
  3. detachement - dont fixtate on things
  4. commitment - dont abandon committments
  5. efficiency winthin reason - actions should be effective
  6. respect for every basic value in every act - dont actively damagage a basic goods
  7. the requirments of the common good - fosters the good for evrryone in community
  8. follows one conscience - even though conscience can make error never do something you believ is wworng
33
Q

what is the role of virtue and human flourishing

A

The Role of Virtue and Human Flourishing: Aquinas’s natural law is ultimately concerned with leading human beings toward human flourishing or happiness (beatitude). For Aquinas, the highest human good is eternal union with God, which can only be fully attained in the afterlife. However, humans can experience happiness in this life by living virtuously and in accordance with natural law. Virtue is the habitual disposition to act in accordance with reason, and cultivating virtue leads individuals to fulfill their natural inclinations in ways that promote human flourishing.

34
Q

john finnis

what is thr common good

A

-nienr requirments of the basical good is that they are for everyone
- humans need to live toghter and co operate with each other
- if society is unfulfilled than i am less likley to be fullfilled
- it serves the common good if everyone can seek the seven basic good autonomously.

35
Q

john finnis

what is the need for authority

A
  • a moral theory like the natural law established the good and the law provides rules that allows us to co ordinate with eadh others
  • john finnis belives that we need a leader who acts as a coordinator to ensure evreyone can be free to pursue the basuc goods without preventing others from doing the same
36
Q

finnis

what is theoretical reasoning

A
  • describes what is true
  • relies on some self evident principles to be able to pursure knowledge
  • cannot produce contradictiory statments
  • assess the way things are
  • reasoning lead to understadning
37
Q

finnis

what is practical reasoning

A
  • describes how to act
  • takes the self evident basics goods and establishes how to put them into practise in relaity
  • assess what to do
  • reaoning leads to actions
38
Q

finnis

what are features on the nine requirments

A
  1. intrinsically good
  2. all equally good
  3. universal to all cultures
  4. self evident
  5. not based on anything else
  6. objectively and fundamentallu
39
Q

hoose

what is hooses book called

A

the american debate and the european roots

40
Q

hoose

what is propotionalism

A

20th century develpoment of natural law, centrered around a debate about proportinoate reason as identified by thomas aquias doiuble effect

41
Q

what is the principle of double effect

A

Thomas Aquinas’s Theory of the Double Effect is a principle in moral philosophy that helps guide the evaluation of actions that may have both a good effect and a bad effect. The principle is a critical part of Aquinas’s ethical thinking, particularly in cases where an action has unintended consequences that are harmful, but the good that results from the action is significant enough to justify it. The Double Effect principle is often used to resolve moral dilemmas in which a person must decide whether to act in a way that will produce both a good and a bad outcome.

The Four Conditions of the Principle of Double Effect
Aquinas did not develop the Double Effect doctrine in the systematic way it is known today, but he discussed it in several places, notably in the Summa Theologiae. The principle has been interpreted and developed over time, especially in Catholic moral theology. Aquinas’s principle is typically formulated with four conditions that must be met for an action with both good and bad effects to be morally permissible:

The Action Itself Must Be Good or Neutral: The act itself must be morally neutral or good. If the act itself is intrinsically wrong (e.g., murder or lying), then the Double Effect principle does not apply, even if the result might be good. The agent’s intention must not be to do evil, even though evil may be an unintended consequence. For example, if a doctor intentionally kills a patient to relieve their suffering, that would violate this first condition because the act itself (killing) is morally wrong.

The Good Effect Must Not Be Achieved by Means of the Bad Effect: The good effect must not be produced by means of the bad effect. In other words, the bad effect cannot be the direct cause of the good effect. This condition emphasizes that the good and bad outcomes must be distinct, and the bad effect cannot be used as a means to achieve the good result.

The Intention Must Be the Good Effect: The agent must intend the good effect and not the bad effect. While the bad effect may be foreseeable, it must not be the intended consequence of the action. The agent’s primary intention must be to bring about the good result, not the harmful one, even if the harmful effect is tolerated or accepted as a side effect.

The Good Effect Must Outweigh the Bad Effect: The good effect must be proportionally greater than the bad effect. In other words, the potential benefits of the action must justify the foreseeable harm. If the bad effect is too great or disproportionate to the good that will result, then the action is not morally permissible.
However, if the harm outweighs the benefit (for example, the patient will suffer severe pain but still die anyway), the action might be considered morally impermissible.

42
Q

what is the principle of double effcect in simple

A

a principle to manage a situation where the precepts conflict, where one action will produce two effect one which goes against a precept the action that was intended to be judged

43
Q

hoose

what is hooses argument on proportionalism

A

Proportionalism: Hoose has also been associated with the proportionalist approach to natural law ethics, particularly in how moral decisions are made when there are conflicting moral principles. Proportionalism is an ethical theory that attempts to balance competing values and goods in moral decision-making. It suggests that actions may be justified if the good consequences (or the benefits) outweigh the negative consequences (or harms), even if those harms are significant, as long as they are not disproportionate to the good achieved.

In this regard, Hoose’s proportionalism can be seen as a way of addressing situations where strict adherence to absolute moral norms might lead to outcomes that seem morally unacceptable. For example, proportionalism allows for the idea that in some cases (such as medical treatments), it may be morally permissible to cause some harm if it leads to a greater overall good (such as saving a life or preserving a person’s quality of life).

44
Q

hoose

Moral Absolutism vs. Moral Relativism:

A

Hoose advocates for moral absolutism in the context of natural law. He believes that there are objective moral truths grounded in human nature that apply universally. This is distinct from moral relativism, which holds that moral principles can vary based on culture or individual preferences. However, he is more flexible than strict forms of natural law theory (like those of earlier Catholic philosophers) in that he allows for context and proportional reasoning when moral dilemmas arise.

45
Q

what is hooses opinion on the basic human goos

A

Hoose’s natural law theory focuses on identifying basic human goods that are essential for human flourishing. These goods are seen as being rooted in human nature and essential to achieving a fulfilled and meaningful life. These goods are universal and common to all people, regardless of culture or religion. Some of the basic human goods Hoose identifies include:

Life and the preservation of life.
Knowledge and the pursuit of truth.
Friendship and social relationships.
Work and the ability to contribute to society.
Spiritual goods, such as the relationship with God and religious freedom.

46
Q

hoose

what is hooses argument on a proportionalist maxism

A
  • it is never right to go against a principle unless there is a proportionate reason that jusifys it
  • in such circumstances they must weigh up how much value and disvalue gained in the act when breaking a principle or going against it
47
Q

hoose

how do you give a preference within the actions

A

-an actions that brings about more good than evil
- an action that maximises both quality and quantity of good where possible
- a value that is most fundemental or basic
- the most practical
- an act that protects the most urgent

48
Q

How is hoses proportionalism based on agape

A

Proportionlism allows that a loving act can be an optic evil and can be wrong if it has more disvalue than value - giving to charity just to post it all over social media

49
Q

What is goose’s distinction on a good act and a right act

A

Good act - an act that follows a moral principles and is performed out of love for god and his law
Right act - an act that could go against a principle but for a proportionate reason - the value disproves the disvalue eg killing a human to save the life of a child

50
Q

How do you apply hooses proppotionalism to immigration

A

The value and disvalue of the two consequences
1. The value and disvalue of them coming into the uk
2. The value and disvalue of staying in the current country they are in

51
Q

How is finnis theory relate to immigration

A

The seven basic goods need to be considered when decding if someone should immigrate to another country

52
Q

The strengths and weaknesses of finnis

A

+it is based on values of a contemporary socity
+ it allows us to have freedom to choose between acts that are good rather than forcing action

  • it still controls our behaviour through restrictive unbending laws
  • teh goods are appealing but not moral laws
53
Q

The strengths and weaknesses of house

A

+ it is based on common sense rather than blind obediences to impersonal laws
+it allows the use of reason rather than blind obediences
-they have little authority