Natural Law Flashcards

1
Q

Name Aquinas’ tiers of law

A

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

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2
Q

Name the primary precepts

A
Preserve life
Order society 
Worship God
Educate children 
Reproduce
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3
Q

Give examples of some secondary precepts

A
It is wrong to kill
Criminals should be punished 
You should go to church 
Send your kids to school
Homosexuality is wrong
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4
Q

Strengths of Natural Law

A

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

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5
Q

Criticisms of Natural Law

A

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

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6
Q

Explain the doctrine of double effect

A

If a moral action has an immoral side-effect, the action is still good.

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7
Q

What is a telos?

A

A purpose or aim

Idea created by Aristotle, used by Aquinas

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8
Q

What is eudaimonia?

A

True happiness, a state of human flourishing

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9
Q

Whats the difference between ius and lex?

A

IUS- genuine written law, the letter of the law, statute law

LEX- the principle of law (conceptual, an idea)

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10
Q

Define prudence

A

thinking with reason

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11
Q

What did Aquinas say about prudence?

A

‘Prudence entails not only consideration of the reason but also the application of the action, which is the goal of practical reason’

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12
Q

What are John Finnis’ ‘basic forms of human flourishing’?

A

basic goods, areas in which humans all need to flourish

  1. Life
  2. Knowledge
  3. Play
  4. Work
  5. Aesthetic experience
  6. Practical reason
  7. Religion/ spirituality
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13
Q

What are Finnis’ 5 requirements for flourishing?

A
We must pursue goodness
A coherent life plan
No arbitrary preferences among values 
Follow your conscience 
'The (limited) relevance of Conservatives
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14
Q

What did Finnis believe about rights?

A

Every human has natural rights, eg the right not to be tortured

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15
Q

Define casuistry

A

Applying double effect to natural law

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16
Q

Strengths of Finnis’ Natural Law

A

Gives a purpose to the world
Universal and absolute
Gives humans rule and structure
Double effect helps people in conflicting issues
Focuses on human flourishing, rather than right or wrong
Trusts human reason
Primary precepts have universal consent

17
Q

Define real and apparent good

A

APPARENT- things that appear good

REAL- actual good

18
Q

Explain common goods

A

People realising their own basic values as well as other reasonable personal objectives

19
Q

What did G.E. Moore say about Natural Law?

A

Goodness cannot be defined by nature
Aquinas commits naturalist fallacy
You cannot derive an ought from an is ( so secondary precepts cannot be decided from primary)

20
Q

What does Peter Vardy say about Natural Law?

A

His view of human nature is too simple and therefore flawed

You can’t work from general principles to lesser purposes

21
Q

What does Kai Neilsen say about Natural Law?

A

There’s no single human nature common to all societies. Cultural relativism challenges natural law
Human nature is more complex because it is changeable eg sexuality

22
Q

What did Karl Barth say about Natural Law?

A

Human nature is too corrupt to be trusted

Not enough focus on the consideration go God and revelation in the Bible