Natural Law Flashcards
Natural law - Aristotle
Aristotle believed that everything in the world had a purpose.
Things are ‘good’ or flourish when they achieve their purpose or final cause.
To get to the final cause, there are efficient causes, which are thing that help towards the ultimate purpose
For humans, our ultimate purpose is happiness or eudaimonia. This is not emotional happiness but refers to flourishing or fulfilling our potential.
Natural law - Aquinas
God created the world according to a particular order and this is why we can work out certain laws governing the world.
4 types of law
Eternal laws - the laws God has created for the world
Natural law - using reasoning to understand eternal laws
Divine law - God reveals his laws through holy books and prophets
Human law - using natural and divine law to work out more detailed rules about how to live
Primary Precepts - Aquinas’ Natural Law
Worship God
Live in ordered societies
Reproduce
Learn and seek knowledge
Defend the innocent
Secondary precepts
Using the primary precepts to make more specific rules about actions
Proportionalism
A proportionate response is sensible at times.
For example, ‘do not kill’ is a secondary precept based on the primary precept ‘defend innocent life.’ However, in times of war it may be necessary to kill in order to defend innocent life.
Real vs apparent goods - Natural Law
A real good is one that is connected to our purpose and aims towards the primary precepts.
An apparent good is one that does not follow the primary precepts.
Interior vs exterior acts - Natural Law
Interior acts - our intentions
Exterior acts - what we actually do
Principle of double effect
acceptable to do an action which breaks the precepts, if it is an unintended side effect of a good action which maintains the primary precepts.
Cardinal virtues
Prudence
Temperance
Justice
Fortitude
Theological virtues
Faith
Hope
Charity
Finnis’ 7 basic goods
Life
Knowledge
Friendship
Play
Aesthetic experience
Practical reasonableness
Religion
Explaining the basic goods
Universal
Self-evident
We presuppose them in everything we think or do
Practical reason
In practical reason there can be two contradictory acts that are both morally correct choices
Humans can use free will to decide which choice is right for them.
This will be influenced by their circumstances and culture which can affect how they prioritise the basic goods.
9 requirements of practical reasoning
View your life as a whole
Prioritise certain goods
Apply equally to all people
Not get obsessed
Actively improve yourself
Efficient
Never commit an act that directly harms a basic good
Foster the common good
Act according to your conscience
Hoose’s proportionalism
in certain circumstances, bad actions might be right if there is a proportionate reason to perform them.
rules can be broken in certain circumstances, but it must be sufficiently unusual and of sufficient magnitude
weigh up the value and disvalue
Ontic evil
Lack of perfection caused by the fall
Pre-moral evil
Pain
Death
Mutilation
Surgery will cause pain and sometimes mutilation (pre-moral evils) but is justified by the intention to save life and the value the patient will get out of it, which makes it the right thing to do, even if the act is not technically good.
Hallett - value and disvalue
Value consists of all the positive reasons why an action might be carried out, including support for deontological principles, loving intention, positive consequences.
Disvalue consists of all the negative aspects of this decision such as breaking natural laws, wrong intentions, negative consequences
Capital punishment - proportionalism
Consider the value and disvalue in particular situations to decide whether capital punishment would be the lesser of two evils.
Deontological rule is to preserve life, a serial killer may have broken this deontological rule – an evil act.
Capital punishment would restore order to society and protect other innocent people therefore have value
However, capital punishment would not preserve life.
Therefore, proportionalists would not justify capital punishment in this case.
Immigration - proportionalism
If the immigrant is a danger innocent life would be defended and order in society upheld. The intention is loving as it protects young people from radicalisation and prevents possible violent acts. The disvalue is not following the traditional teaching of support for those from poorer countries as a way to defend the innocent.
In this situation – which is sufficiently unusual and of sufficient magnitude, refusing to allow them to migrate to this country permanently would be the lesser of two evils.
Life - capital punishment & immigration
CP - you are effectively taking a life to show that taking a life is wrong
I - protects the life of an immigrant from a potentially dangerous country
Knowledge - immigration
support - we are able to meet people from different communities and places and learn more about the world
against - uncontrolled can put pressure on education services and schools
Friendship - capital punishment & immigration
CP - can be seen as support to the victims/your friends, doesn’t allow for forgiveness and the trials are cruel
I - allows for cultural growth and builds a community
