Natural Law - AO1

Question 1

What is Natural Law? (1)

Answer 1

• A theory where we are able to identify for ourselves the right or wrong action
• It is about detecting the natural and moral way of living through reason

Question 2

What would Peschke say about Natural Law? (Quote)

Answer 2

“Natural moral law is that moral order which man can recognise… by means of his reason, independent of his positive divine relation”

Question 3

What is Eternal Law?

Answer 3

• Principles by which God created and controls the universe

- We can work out its meaning through reason, e.g Adultery is wrong due to reason, not just the 10 commandments

Question 4

What is Divine Law?

Answer 4

• Sermon on the Mount Jesus introduces us to not a specific set of answers but the need for developing appropriate virtues
• Jesus emphasises the spirit of the law rather than precise adherence to the letter
• Nothing in Divine Law contradicts Natural Law
• Revelations, e.g 10 commandments are affirmations of what is knowable by human reason

Question 5

What is Natural Law?

Answer 5

• God has willed that man has a natural inclination to do good with rational capacity to work out what is right and proper to do

Question 6

What is Human Law? (Quote)

Answer 6

• Man is a social animal that need regulations to function co-operatively
• Human Law value is prudential and should not contradict Natural Law
• “As it deviates from reason, it is called an unjust law” - regulation that contradicts Natural Law loses validity

Question 7

Why does Aquinas reject Divine Command Theory?

Answer 7

• Rightness of something is knowable in itself

- Morality is rooted in reason over scripture despite being justified and developed in scripture

Question 8

What ethical theory is Natural Law a version of?

Answer 8

Virtue Ethics

• Aquinas agrees with Aristotle that cultivating virtues is essential to a good life
• Emphasises central role of Prudence, practical reason

Question 9

What is the 1st Cardinal Virtue?

Answer 9

Prudence:

• Concerned with intellect, Aristotle would say “right reason applied to practice”
• Judge correctly what is right and wrong in each situation
• Allows you to seek council of others

Question 10

What is the 2nd Cardinal Virtue? (Quote)

Answer 10

Justice:

• “permanent determination to give everyone his or her rightful due” - John A. Hardon
• Legal rights can never outweigh natural ones

Question 11

What is the 3rd Cardinal Virtue?

Answer 11

Fortitude:

• Overcome fear and to remain steady in our will when faced with obstacles
• Prudence and Justice are the virtues that decide what need to be done, Fortitude gives us the strength to do it
• Rise above fears in defence of the Christian faith

Question 12

What is the 4th Cardinal Virtue?

Answer 12

Temperance:

• Restraint of our desires or passions
• A disordered desire for sex, food or drink can have disastrous consequences
• Temperance keeps us in balance for how far we can act upon our desires

Question 13

Quote St Ambrose on Natural Law

Answer 13

“natural law is in the heart… All men are under the natural law”

Question 14

What is the Telos for Aquinas?

Answer 14

• The universe is purposive (Aristotle and Aquinas)
• Aristotle treats this as eudaimonia - true happiness and flourishing
• For Aquinas we are fulfilled only when we are most complete and at our best with God
• We must live this life in faithful service of God by the light of reason

Question 15

Quote Thomas Hobbes on “ius”

Answer 15

“law and right differ as much, as obligation and liberty” - He makes the distinction between Ius and Lex and recognises Natural Law should be understood as Ius

Question 16

What are the 5 primary precepts for Aquinas?

Answer 16

1) Preservation of life
2) Ordering of society
3) worship of God
4) Education of children
5) Reproduction
These show our natural inclination to do good and we need to cultivate these virtues in order to flourish

Question 17

What are secondary precepts for Aquinas?

Answer 17

• Secondary precepts are precepts which allow us to rationally fulfil the primary precepts

Question 18

Quote Aquinas on the primary precepts

Answer 18

“For there is in man a primary and natural inclination to do good”

Question 19

What is Prudence? (Quote Aquinas)

Answer 19

• ‘wisdom in looking ahead’, the practical application of reason
• We are rational creatures able to direct our behaviour through thinking, not gut feeling at all times
• “Prudence entails not only consideration of the reason but also the application to action, which is the goal of practical reason”

Question 20

What 3 intellectual skills does Prudence entail?

Answer 20

Understanding, judgement and good deliberation

Question 21

What is John Finnis’ modern development on Natural Law?

Answer 21

• Aristotelian principles, ‘basic forms of human flourishing’ , e.g life, knowledge, work, aesthetic experience, friendship, practical reasonableness and religion
• Aspect of ourselves has rights
• Argues for human nature as she is, not purposive

Question 22

What are the ‘basic methodological requirements’ for Finnis?

Answer 22

• pursuit of goods
• a coherent plan of life
• no arbitrary preferences among values, detachment and commitment
• the (limited) relevance of consequences
• respect for every basic value in every act, common good
• following ones conscience

Question 23

How does Finnis define justice?

Answer 23

• In terms of promoting the common good

- common good is defined as people realising their own basic values as well as other personal objectives

Question 24

What are the absolute duties, absolute rights for Finnis?

Answer 24

• rights not to be tortured
• not to have one’s life taken as a means to another end
• not to be lied to when factual communication is proper and expected
• not to be condemned on known false charges
  Natural rights are a logical follow-on from natural law

Question 25

Quote Aquinas on the principle of double effect and expand

Answer 25

“Moral acts take their character from what is intended, not from what is outside the intention”

• things may have two known effects, however we must consider both intentions and results of an action
• The actions reason also must be evaluated

Question 26

What are the 4 conditions for the principle of double effect?

Answer 26

1) The act must not be evil in itself, e.g killing is not but murder is (wrongful killing)
2) The evil and good that come from the act must be at least equal, preferably the good must outweigh the evil
3) The intention of the agent must be good. The agent must not want to bring about an evil result
4) A proportionally serious reason must be present to justify allowing the indirect bad effect

Question 27

Quote Anthony Kenny on the principle of double effect

Answer 27

“there is nothing wrong with appointing the best person for the job… very different matter if you appointed A (even though best candidate) for the express purpose of giving pain to B”

• Recognises the theory can work in practice and exemplifies the importance of intention behind the action.

Question 28

Quote Cicero on Natural Law

Answer 28

• “(natural) law is right reason in agreement with Nature”
• Cicero says that understanding is promulgated by God.
• However it is feasible to suggest right reason can be worked out without reference to God

Question 29

What is the manuals view on Natural Law? Quote Servais Pinckaers

Answer 29

• Argued that natural law theory was absolutist and deontological
• “the manuals lost sight of the essential question:… happiness and destiny”
• Manuals read law books which discussed moral requirements as fixed laws

Question 30

What is the name of the concept of the 4 laws used by Aquinas?

Answer 30

The concept of a fourfold division

Question 31

What is the Key Precept?

Answer 31

Synderesis = Do good and avoid evil