Natural Law

Question 1

Criticisms of Natural Law (x4)

Answer 1

James Rachels wrote ‘it may be the case that sex does produce babies but it does not follow that sex ought or ought not be engaged in only for that purpose’ (Hume’s Is-Ought Gap)

Absolutism of the 5 precepts can have negative effect e.g. overpopulation or the AIDS crisis

Niebuhr argued that human reason was damaged by The Fall

Kai Neilsen argued that natural law would lead to us living in identical societies

Question 2

Natural Law

Answer 2

Originates from Aristotle who held that following certain rules would allow humans to achieve ‘eudaimonia’

Aquinas argued that an omnibenevolent God would not condemn those who had never read the Bible to Hell, so gave all humans prudence so they could reason which actions are good, as they cause human flourishing

Humans follow that Synderesis Principle, only sinning when they pursue apparent goods rather than real goods

Question 3

Aquinas’ 5 Precepts

Answer 3

Preservation of life, ordering of society, worshipping of God, education of children and reproduction

Secondary implied precepts can be derived from the 5 primary precepts, for example, if reproduction is good, then contraception and homosexuality is immoral

Immanuel Kant thought that morals were not situational, as you should ‘act so that the maxim of your actions can be willed as universal law’, fitting in with Aquinas’ absolute precepts

Question 4

Aquinas’ 4 Tiers of Law

Answer 4

Eternal law is God’s will of how the universe should be

Divine law is revealed by God, such as the 10 Commandments

Natural law is discovered by working out what causes humans to flourish

Human laws are the regulations which govern society

Lex is specific regulations whereas Ius is the general principle of law. Hobbes saw natural law as Ius.

Question 5

The Double Effect

Answer 5

Aquinas’ double effect puts that the intention of an action governs the morality of the action as ‘moral acts take their character from what is intended, not from what is outside the intention, as this is accidental’

Must not be evil in itself, the resultant evil and good must be equal, the intentions must be good, and there must be a proportionate reason

Aquinas used the example of self-defence, but the double effect could be used for an overdoes of painkillers for euthanasia or life-saving abortion