Natural Law Flashcards
Name Aquinas’ tiers of law
Eternal- God’s will for the universe
Divine- God’s laws and teachings (eg 10 commandments)
Natural- God given reason
Human- Law and rules made by man
Name the primary precepts
Preserve life Order society Worship God Educate children Reproduce
Give examples of some secondary precepts
It is wrong to kill Criminals should be punished You should go to church Send your kids to school Homosexuality is wrong
Strengths of Natural Law
Natural law has clear, fixed principles, and can be easily applied to differing situations
Double effect explains how to deal with contradictions (is therefore easy to use in every unique situation)
It treats humans as mature, and rational
GROTIUS argued it does not require religion
Criticisms of Natural Law
You cannot judge whether the intentions of the person are moral (eg self-defence vs murder)
The role of scriptures is reduced as it is dependant on religion
Augustine contradicts himself, as he says humans and fallen and therefore unable to reason
A heavily religious theory, as its dependant on worshipping God and divine law
Explain the doctrine of double effect
If a moral action has an immoral side-effect, the action is still good.
What is a telos?
A purpose or aim
Idea created by Aristotle, used by Aquinas
What is eudaimonia?
True happiness, a state of human flourishing
Whats the difference between ius and lex?
IUS- genuine written law, the letter of the law, statute law
LEX- the principle of law (conceptual, an idea)
Define prudence
thinking with reason
What did Aquinas say about prudence?
‘Prudence entails not only consideration of the reason but also the application of the action, which is the goal of practical reason’
What are John Finnis’ ‘basic forms of human flourishing’?
basic goods, areas in which humans all need to flourish
- Life
- Knowledge
- Play
- Work
- Aesthetic experience
- Practical reason
- Religion/ spirituality
What are Finnis’ 5 requirements for flourishing?
We must pursue goodness A coherent life plan No arbitrary preferences among values Follow your conscience 'The (limited) relevance of Conservatives
What did Finnis believe about rights?
Every human has natural rights, eg the right not to be tortured
Define casuistry
Applying double effect to natural law