Natural Law Flashcards
what is natural law generically
There is a distinction between Aquinas’ Natural Law and general theories of natural law:
- Aquinas sees it as religious - moral guide to help humans fulfil their Telos
- Natural law in general appeals to the idea that some things are simply intrinsically right or wrong e.g. incest.
criticisms of aristotle telos
o Happiness is subjective
o Human reason is varied e.g. those who are mentally handicapped
o His definite separation between emotional and intellectual reasoning is unrealistic.
eternal law
Gods rational purpose and plan for all things (e.g gravity)
divine law
scripture Found in the Bible:
* Must use scripture alongside reason
* Revealed to us by God himself
* Authoritative and absolute e.g. 10 Commandments
Hobbess view of Natural Law
Highlights the importance of recognising NL as ius (principle of law) rather than lex (specific regulation)
However:
- Catholic church use NL as a set of regulations, lex.
- pope Francis moved back to the original ius interpretation of Aquinas
human law
Laws regarding the running of society such as parking laws:
* Primary precepts = absolute
* Secondary precepts = changing
aquinas and reason
- Natural Law is revealed through nature, but must be interpreted through reason. will show purpose for humanity
primary precepts
Need our rational faculties to work them out:
1. Preservation of life
2. Ordering of society
3. Worship of God
4. Education of children
5. Reproduction
secondary precepts
More flexible, allow us to move towards ultimate goal of eudaemonia.
E.g. Do not murder for preservation of life
double effect (3 conditions that justify it)
o The act must not be evil in itself
o The evil/good that comes from the act must be at least equal (preferably the good outweighs the bad)
o The intention of the agent must be good
exterior and interior acts + significance of physical pleasure
- To act in a good way for the wrong reason is to perform a good exterior act but bad interior act.
- Physical pleasures can’t be final end, as animals can experience them.
general strengths of nl
- Universal application - theologically pluralist
- Places emphasis on rightness of character, through pursuit of the cardinal virtues.
- Places emphasis on social harmony and ordered society - Aquinas often viewed as father of democracy due to emphasis on common good of society.
- Emphasis on natural harmony, important in environmental ethics today,
pope benedict(XVI) - strength of natural law
Pope Benedict XVI argues the NL theory gives a counterbalance to modern materialistic and hedonistic trends in society.
general negatives of nl
- NL limits human freedom, prevents human beings from taking into account exceptions due to absolutist nature e.g. abortion
- Is it possible to judge what is natural? Modern medicine has blurred distinction.
- There is often conflict within different parts of NL e.g. one virtue may be bypassed in order for another cardinal virtue to be kept.
- Ambiguity of NL means that conclusions can be altered. E.g. Pope Paul VI argued NL’s insistence on protecting life points against artificial birth control.
karl barth criticism of nl
- Karl Barth argues NL not only limits human beings but also restricts what God can do + human nature is corrupted by original sin, impossible to behave morally without God’s grace.
