Topic 1 - Natural Law Flashcards
What are Aquinas four tiers of law?
Eternal law
Divine law
Natural law
Human law
What is eternal law and divine law?
ETERNAL - not to be confused with DCT . Eternal law is God’s will for how the universe is to be. God could have made the universe differently but he willed that it and it’s occupants are of this type. e.g. Ten Commandments such as adultery are just wrong not because god says so
DIVINE LAW - Law which is revealed by God, such as the Ten Commandments. For Aquinas, Divine Law teaches what our natural reason is capable of knowing. God helps us by codifying that which we could know through reason.
What is natural law and human law?
NATURAL - follows the direction of eternal law, ‘right reason in accordance with human nature’ This can be worked out by considering what is good for human flourishing
HUMAN - As humans are social animals, they need to make regulations for society to be orderly so that people may flourish. For Aquinas, human laws must not dictate anything contrary to natural law e.g. committing genocide
what does aquinas mean by telos?
Things on universe seek to achieve their goal (telos). Only humans have rational thought and so using reason we can work out what is good for us. However, Aquinas believed we only fully achieve our telos in the next life and to do that we need to live our current life in faithful service of God
For Aristotle this happiness should be known as eudaimonia, a full flourishing of the human person.
What is ius and lex?
LEX = the letter of the law, as in statute law
iUS = principle of law rather than exact wording of given legislation
Hobbes recognised that natural law must always be understood as ius and not as legalistic
What are primary and secondary precepts ?
PRIMARY = natural inclination to do good (this causes the secondary precepts)
SECONDARY = preservation of life ordering of society worship of God education of children reproduction
what is prudence and natural law?
prudence means that decision making requires natural reason in order to make the correct decision
what is the principle of double effect?
An act may have more than one effect, and be known to have more than one. An example might be an action to save one person’s life, which means harming someone else. What matters is intention. The aim of the act was not harm to the second person but the good intention of saving the first.
ESSAY PLAN - NATURAL LAW
POINT 1
reason deontological morality, absolute and deontological based on telos
aquinas
- Natural Law as developed by Thomas Aquinas, attempted to reconcile the Greek teleological worldview with Christianity. Aquinas developed his theory from Aristotelean ethics, which states (in accordance to the four causes) that everything has a final purpose (a telos); human beings’ telos is eudemonia – a state of human flourishing or fulfilment in which we become the best person that we can be. This is a lifetime quest – as Aristotle reminds us “one swallow doesn’t make a spring”. Once human beings orientate themselves to these rational purposes, personal and social good is established.
- Aquinas takes this teleological worldview and adapts it to the monotheistic God of Christianity, claiming that God has designed into us synderesis – the natural inclination to do good and avoid evil.
- The telos of humanity is Eudaimonia – fulfilment and flourishing Through application of phronesis (practical reasoning and judgement on the purpose of human life), in accordance to God’s will outlined by the primary precepts (PREGS), we will achieve our telos; and reach the Summum Bonum and Beatitudo – a state of ultimate happiness with God.
ESSAY PLAN - NATURAL LAW
POINT 1 - counter argument
based on belief in god (euthypro dilemma)
- Aquinas teleological understanding rests upon belief in God and the Eternal law; little use to atheists.
- Divine law placed as second most important – God’s law revealed through scripture. Religious basis arguably encourages backward morality, demonstrated through the Catholic Church’s use of Natural Law to prohibit things such as Gay Marriage and contraception.
- Euthyphro dilemma – morality based on what God says is moral…
ESSAY PLAN - NATURAL LAW
POINT 1 - counter response
accessible through reason, universal moral principles (grotius)
- Hugo Grotius, Dutch legal philosopher, who has argued that Natural Law would still apply even if there was no God – the laws themselves are obvious to reason
- By reflecting on one’s telos in accordance to synderesis (do good and avoid evil), one is able to rationally uncover 5 primary precepts – self evident, eternal and absolute teleological principles Preservation of life, reproduction, education/ learning, God worship, societal ordered living. “To the Natural Law belongs everything to which a man is inclined according to his nature”.
ESSAY PLAN - NATURAL LAW
POINT 1 - conclusive response
application of reason - naturalistic fallacy (vardy)
- The natural law Aquinas identifies is not necessarily one common to humanity or modern ethical development Guilty of observing what commonly happens in nature then arguing this is what must happen.
- In his work “The Puzzle of Ethics” (1994) Paul Vardy challenged the way Aquinas insistently links general principles to lesser purpose. For example does sex ALWAYS have to end in reproduction? Are other sex acts immoral? As Aquinas condemns such acts he is UNHOLISTIC as he only sees the bigger picture not the details. For example, science has shown the reproductive parts to be adapted for pleasure as well as reproduction. Aquinas is merely SIMPLISTIC.
- Although one can appreciate Aquinas’ aim of human flourishing, he seems to oversimplify human nature – life would not be about reproduction or living in an ordered society to all human beings. Deontological theories seem to leave little room for those who may not conform to absolute, normal moral standards (even if Aquinas did not intend for an absolutist theory, the idea of a NATURAL law seems to lay foundations for labelling people as UNNATURAL and thus WRONG).
ESSAY PLAN - NATURAL LAW
POINT 2
allows flexibility (de, secondary precepts and hughes)
- DDE Actions can have complex and unforeseen consequences, and therefore must be judged on intended effects. If a doctor attempts to treat a terminally ill patient with painkiller in order to remove their pain, yet the patient dies as a result, Aquinas would argue they had not committed an immoral act as the consequence was unintended. Acts must be: not evil in itself, the good effect must outweigh the evil, the intention must be good interior/ exterior acts
- The secondary precepts can be rationally deduced from the primary precepts, thus allowing one practical application of the Eternal Law. Whereas the primary precepts are deontological, the secondary precepts can be altered according to situation – “prudence entails not only consideration of the reason but also application to action”. Catholic interpretations have sought to create fixed, deontological secondary precepts, such as rejection of contraception based on the primary precept of reproduction, yet Aquinas himself did not create such an absolute morality. Proportionalism is the application of Natural Law in a practical reasoning to bring about proportionate good instead of the cruel inflexibility of inflexible laws
- Gerard J. Hughes suggests in his book “Christian Ethics: An introduction” (1998) that Natural Law is intimately in tune with human nature and by focusing on following conscience and practical reason allows a margin for error as long as intentions were to follow good
ESSAY PLAN - NATURAL LAW
POINT 2 - counter argument
encourages form of moral relativism (Double effcect)
- Not only is DE arguably an impractical aspect of the theory (insofar as intentions can never be proven) it also seems rather contradictory to the theory’s deontological rooting Surely Double Effect highlights the issue with absolute moral principles – one should always act depending upon the situation.
- Furthermore, it seems Natural Law attempts to hold the best of both worlds simultaneously, through arguing there are absolute moral principle (primary precepts), whilst claiming people can apply these situationally (secondary precepts) – many have argued this moral paradox makes the theory confusing to follow whilst retaining no central basis…
ESSAY PLAN - NATURAL LAW
POINT 2 - counter response
synderesis (aquinas)
• Synderesis – “This is the first precept of law, that ‘good is to be done and pursued, and evil is to be avoided’. All other precepts of the Natural Law are based upon this” (Aquinas, ‘Summa Theologica’)
