NATURAL LAW

Question 1

who does natural law originate with

Answer 1

aristotle and cicero

Question 2

general definition of what natural law is

Answer 2

the sense that certain things can clearly be known by anyone to be wrong

Question 3

ex of something we as rational beings know is wrong

Answer 3

rape,incest

Question 4

how do we determine if something is right/wrong

Answer 4

reason

Question 5

what approach does it take

Answer 5

deontological

Question 6

what is eternal law

Answer 6

the way the universe is and the fact that god has made it so, the unchanging reason of god, absolute for all people and all times

Question 7

what is eternal law not

Answer 7

the 10 commandments or divine command theory

Question 8

ex. of eternal law

Answer 8

humans are mortal and social

Question 9

what is divine law

Answer 9

gods revelation to humanity through scripture, often found in the bible such as the 10 commandments, these revelations should be understood as affirmations of what is knowable by reason

Question 10

what is natural law a response to

Answer 10

eternal and divine law

Question 11

what is natural law

Answer 11

using reason to work out what is good for eudaimonia

Question 12

how are natural law and eternal law linked

Answer 12

natural law makes eternal law accessible

Question 13

what is human law

Answer 13

laws, rules, regulations developed by people, governments, societies to enable efficient functioning of said societies

Question 14

what is the caveat to human law and example

Answer 14

it can be broken if higher tiers of law conflict with it eg a king telling people to kill their first borns does not follow the preservation of life or promote eudaimonia so is against natural law BUT driving on the left instead of the right does not contradict any natural law

Question 15

how does st paul describe natural law

Answer 15

the law that is written on men’s hearts

Question 16

why did he reject divine command theory

Answer 16

something isn’t right BECAUSE god commands it but that god commands WHAT is right

Question 17

what same things do aristotle and aquinas believe in approach

Answer 17

natural law version of virtue ethics, cultivating virtues essential to the good life, central role of practical reason (prudence) in determining what is right and proper to do

Question 18

word for purposive universal

Answer 18

telos

Question 19

what automatically lives by telos

Answer 19

plants growing or animal instincts

Question 20

what does and aristotle believe is our telos

Answer 20

to flourish in community as didn’t believe in survival after death

Question 21

what does aquinas believe is our telos

Answer 21

live this life is faithful service of god by light of reason, union with god in the bliss of heavenly life

Question 22

distinctions of law

Answer 22

lex and ius

Question 23

what is lex

Answer 23

the letter of the law - as in statute law

Question 24

what is ius

Answer 24

the principle of the law

Question 25

what type of law perspective is aquinas talking from

Answer 25

ius

Question 26

who recognises that natural law must be understood as ius

Answer 26

hobbes

Question 27

who has treated natural law as lex incorrectly

Answer 27

catholic church

Question 28

what has happened more recently with ius and lex and roman catholic church

Answer 28

two most recent popes - (benedict XVI and francis) - move back to ius in moral pronouncemnets

Question 29

what is the key precept

Answer 29

synderesis

Question 30

what is synderesis

Answer 30

go good and avoid evil

Question 31

what are the 5 primary precepts

Answer 31

- preservation of life - ordering of society - worship of god - education of children - reproduction

Question 32

how are primary precepts discovered

Answer 32

through use of human reason

Question 33

what are secondary precepts

Answer 33

derived from primary precepts, application of primary precepts to real-life moral issues

Question 34

what are secondary precepts not that primary precepts are

Answer 34

universal

Question 35

ex of secondary precepts

Answer 35

preservation of life means that you shouldn't abort an unborn child

Question 36

what is a real good

Answer 36

those which are in accordance with the primary precepts and god's wishes for humanity

Question 37

what is an apparent good

Answer 37

things which tempt us because they seem enjoyable but which do not further the aim of promoting human flourishing

Question 38

how does evil come about

Answer 38

through wrongly following an apparent good

Question 39

example of apparent good

Answer 39

child playing video games when they should be doing their homework

Question 40

how do apparent goods link to telos

Answer 40

we fall short of the nature god intended for us, we are not in accordance with our telos

Question 41

what should we develop to help keep natural law

Answer 41

cardinal virtues

Question 42

name some cardinal virtues

Answer 42

prudence, temperance, justice

Question 43

modern proponent of natural law theory

Answer 43

john finnis

Question 44

what is finnis' theory based of

Answer 44

'basic forms of human flourishing'

Question 45

who are finnis' forms used by

Answer 45

everyone who considers what to do

Question 46

example of finnis forms

Answer 46

life, knowledge, play, work, aesthetic experience, friendship and religion

Question 47

finnis - men deprived of leisure and play...

Answer 47

do not flourish

Question 48

what is the principle of double effect

Answer 48

an act may have more than one effect and be known to have more than one - what matters is intention!

Question 49

ex of doctrine of double effect

Answer 49

act of self-defence resulting in death of attacker

Question 50

what are the 4 conditions of doctrine of double effect

Answer 50

1 act must not be evil in itself 2 evil and good that come from act must be at least equal, preferably good must outweigh evil 3 intention of agent must be good 4 a proportionately serious reason must be present to justify allowing the indirect bad effect

Question 51

kenny on doctrine of double effect

Answer 51

agrees - gives example of appointing best person for job even though giving pain to other candidates, different if hire one candidate for express purpose of giving pain to another

Question 52

cultural strength of nl

Answer 52

universal standard applying to all time and culture which is appealing to many

Question 53

general criticism of vagueness

Answer 53

does not enable us to be precisely certain what to do in significant cases

Question 54

ex of vagueness criticism

Answer 54

in the case of the mother or the baby dying, it is hard to dictate who should die! just knowing that we should preserve life is not helpful

Question 55

what does criticism of vagueness lead to

Answer 55

unclear conclusions

Question 56

general what is unclear conclusions criticism

Answer 56

may be possible to construct natural law arguments that point in opposing directions

Question 57

ex of unclear conclusions

Answer 57

controversy surrounding 'humanae vitae' - pope john paul vi's encyclical arguing that obedience to nl means wrong to use artificial birth control

Question 58

how to argue pope john paul humanae vitae other way

Answer 58

part of human nature is use reason to determine what is best for human flourishing. overpopulation damaging to preservation of life, then follow that artificial contraception is okay

Question 59

general explain unchristian criticism

Answer 59

many protestant thinkers have argued as unbiblical, john calvin looked to scripture as word of god and principal source of moral teaching

Question 60

christians who have incorporated nl into beliefs

Answer 60

martin luther and william temple

Question 61

general explain unpurposive universe

Answer 61

jean paul satre - existentialist, life has no purpose