Finnis' Natural Law and Proportionalism Flashcards
(128 cards)
1
Q
What is Finnis’ book in which he develops natural law?
A
‘Natural Law and Natural Rights’ 1980
2
Q
What is an overall definition for Natural Law?
A
An eternal and objective set of practical principles that are consistently true
3
Q
How is Finnis’ Natural Law accessible for all societies?
A
Universal system with no overall metaphysical or religious governance
4
Q
Which philosophers is Finnis’ Natural Law developed from?
A
Plato, Aristotle and Aquinas
5
Q
What is the main aim of Finnis’ Natural Law?
A
To set out practical criteria to distinguish between reasonable and unreasonable action and live a flourishing life
6
Q
What is jurisprudence?
A
Philosophy of law
7
Q
How does Finnis’ Natural Law cater for a society grounded in jurisprudence?
A
Creates a legal system by giving authority to the laws that humans make
8
Q
How does Finnis’ Natural Law develop Aquinas?
A
- avoids the concepts of eternal and divine levels of law and the goal of Beatific vision
- reformulates the primary precepts into basic goods
9
Q
How is Finnis’ Natural Law based in Aristotelian thought?
A
Returns to the principle of eudaimonia with the goal of social wellbeing and concepts such as sophia and phronesis
10
Q
How is Finnis’ Natural Law based in Plato?
A
Takes his political ideology in justifying the law
11
Q
What is theoretical reason?
A
Knowledge that is sought out instrumentally with the pursuit of an object, concerns descriptive matters
12
Q
What is practical reason?
A
Self-evident knowledge of the basic goods and how to participate in them, normative and obligatory reasoning
13
Q
How does Finnis argue Natural Law is not challenged by Hume’s Law?
A
Because Hume’s Law does not apply to practical reason, as this uses self-evident principles to guide practical participation
14
Q
How may the 7 basic goods be described?
A
Common denominators of pro-eudaimoniaic truth
15
Q
What are the 3 criteria for the 7 basic goods?
A
- Self evident
- Do not overlap
- Equal in importance
16
Q
What is the purpose of the 7 basic goods?
A
Give direction to reasoning and provide a framework of practical, pre-moral principles to be participated in
17
Q
What are the 7 basic goods?
A
- Life
- Knowledge
- Play
- Aesthetic experience
- Friendship
- Practical reasonableness
- Religion
18
Q
What do the 7 basic goods allow?
A
Participation within a functioning, authentic reality
19
Q
What is the basic good of life?
A
The preservation of every aspect of vitality, including health and procreation
20
Q
What is the basic good of knowledge?
A
The search for truth in the form of speculative knowledge in order to better ourselves
21
Q
What is speculative knowledge?
A
Knowledge that is sought out because it is good in itself
22
Q
What is instrumental knowledge?
A
Knowledge that is sought in pursuit of some objective
23
Q
What is the basic good of play?
A
Engagement in performances which have no points beyond the performance itself - a self-contained activity with its own intrinsic value
24
Q
What is the basic good of aesthetic experience?
A
The appreciation of art, nature, creativity etc, can be an aspect of play
25
What is the basic good of friendship?
The flowering of sociability, acting for the good of a friend rather that in one's own self interest
26
What is the basic good of practical reasonableness?
The ability to use one's intelligence to shape one's own character/actions - the ability to apply basic goods to actions
27
What is the basic good of religion?
The awareness of cosmic order separate from the human conscience
28
What is the purpose of the 9 requirements of practical reason?
To lay out how a person may participate in the basic good of practical reasonableness
29
What are the 9 requirements of practical reason?
1. Coherent plan of life
2. No arbitrary preference among goods
3. No arbitrary preference among persons
4. Detachment
5. Commitment
6. Efficiency within reason
7. Respect for basic value in every act
8. The common good
9. Following one's conscience
30
What is the requirement for a coherent plan of life?
Life should be viewed as a coherent whole and projects should contribute to a whole life plan - it is unreasonable to drift through whims
31
What is the requirement for no arbitrary preference among goods?
All basic goods are objectively and equally good , they should all participate in a coherent life plan
32
What is the requirement for no arbitrary preference among persons?
Basic goods apply to all, everyone should treat others how they would like to be treated
33
What is the requirement of detachment?
Do not become obsessed with a particular object, we must remain detached to be able to revise plans that are ineffective
34
What is the requirement of commitment?
It is important to be committed to a project to improve and balance this with detachment
35
What is the requirement of efficiency within reason?
We must think practically and consider the consequences of our actions, actions should be chosen for how efficient they are in participating in the goods
36
What is the requirement to respect every basic value in every act?
We should not choose an action that damages another good
37
What is the requirement of the common good?
To cooperate, coordinate and collaborate with others in our community
38
What is the requirement to follow one's conscience?
We should not do something we think should not be done, conscience produces correct judgements
39
What is the importance of the common good in Finnis' Natural Law?
The relationships between humans best enable flourishing and everyone should be allowed to participate in all goods
40
Why does Finnis believe authority is needed? (2)
1. There are sometimes people who are uncooperative and unreasonable
2. There are many life plans so authority is needed to coordinate them
41
Why is law important in Finnis' Natural Law?
Helps regulate and coordinate human behaviour, should allow fairness and justice so everyone can participate freely in the goods
42
What is proportionalism?
An on going, revisionist debate on Natural Law, stating proportionate reason is central to moral decision making
43
What did Hoose write and when?
'Proportionalism: The American Debate and and its European Roots' 1987
44
What is contained in Hoose's book?
The proportionalist debate about the application of the doctrine of double effect
45
When and who begun the Proportionalist debate?
Peter Knauer, 1965
46
What did Peter Knauer argue using proportionalism?
That evil may be permitted as an aspect rather than an effect of an action, provided it was not the main purpose of the act and is justified by proportionate reason
47
What analogy demonstrates Knauer's proportionalist argument?
To achieve greater health, a doctor must cause harm to a patient through operation in proportion to the illness the patient is suffering
48
How does Aquinas illustrate the doctrine of double effect in relation to proportionalism?
Action in self defence is only lawful if it is in proportion to the threat faced
49
What is proportionate reasoning?
The weighing up of the proportionality of goods and evils produced in an action
50
What is the proportionalist maxim?
It is never right to violate a principle unless there is a proportionate reason to justify it - the unintended evil of an action must always equal or be less than the good produced
51
Where is there debate surrounding the proportionalist maxim?
Not all agree on how to decide whether the maxim has been met
52
What was Humanae Vitae?
The 1968 encyclical of Pope Paul VI
53
What was emphasised in Humanae Vitae which opposed proportionalism?
A strictly deontological understanding of Natural Law, leading to questions as to what extent proportionate reason should play a part in Catholic thinking
54
What are Hoose's main 3 areas of proportionalist debate?
1. Distinction between good and right
2. Distinction between deontological and teleological
3. Distinction between direct and indirect
55
How do Aquinas and the Catholic Church define what is good?
Good is a concrete action performed in accordance with the intention of the agent
56
How do Aquinas and the Catholic Church define what is right?
'Right' is the moral judgement based on whether the action should take place - a good action should be the right thing to do
57
What do Proportionalists argue about good and right?
A good action is not the same as a right one
58
What analogy does Schuller use to demonstrate the difference between good and right?
- a doctor develops new medicine in order to progress their business
- this is a right action, as provides new medicine to help patients, but is not good as has ulterior motives
59
How is proportionalism deontological?
Focuses on duty and rules, recognising intrinsic values and precepts and stating that it is never right to go against a principle
60
How is proportionalism teleological?
Considers morally relevant circumstances, goods and evils should be weighed up situationally and principles may be violated with proportionate reason
61
What was Veritatis Splendor?
1993 encyclical of Pope John Paul II
62
What did Veritatis Splendor state?
The consideration of consequences and intentions is insufficient for judging the moral quality of a concrete choice
63
Why do some proportionalists reject the term 'consequentialist'?
They consider more then just consequences in determining the morality of an action
64
What is a direct action?
An immediate action intentionally performed
65
What is an indirect action?
An accidental result of a good direct action -
66
What does Knauer focus on concerning direct vs indirect actions?
The intention of the moral agents rather than just their physical actions and results
67
What does Natural Law state about abortion?
Abortion directly intended is evil but the doctrine of double effect may allow it as an indirect action of something else, such as saving a life
68
What does proportionalism argue about abortion?
Abortion is allowed if the good achieved is in proportion with the evil of killing - whether the abortion is direct or not does not matter in light of the value achieved
69
What is ontic evil?
Actions that are not immoral but cause suffering - the unavoidable lack of perfection in all human actions
70
How does the Catholic Church view ontic evil?
Physical evils, such as pain and death, which are related to the moral agent due to the innate corruption of the Fall
71
Why may Proportionalists allow the occurrence of ontic evil?
If it is the lesser evil in order to achieve good
72
What is moral evil?
Evil concerning the agent's intentions, or if the action was performed unnecessarily or disproportionately
73
How did Aquinas view agape?
The most important theological virtue
74
How is Proportionalism based on agape?
Love for God and God's laws should be central to moral decision making, and love in an important consideration in weighing up proportionate consequences
75
How does Hoose illustrate the complexity of agape and morality?
Gives the example of burning of heretics in the crusades - was done out of true love for God and God's laws but was not a morally good thing
76
How does agape in Proportionalism differ from agape in Situation Ethics?
Catholic versus Protestant origins and Proportionalism says love on its own isn't enough to justify an action
77
What is the position of the Catholic Church on immigration?
Migrants should be treated like brothers and sisters and shown love
78
What did Pope Francis call for in Fratelli Tutti (2020)?
Used the language of Natural Law to call for the value of friendship, suggesting there is no room in Natural Law for discrimination against migrants
79
Why is immigration generally permitted within the Church?
Migration was a familiar phenomenon in the scriptures and the Old Testament
80
When does Finnis' Natural Law support immigration?
If it has the purpose of survival and enables participation in others goods and the pursuit of projects
81
What does Finnis believe about immigration?
That, when uncontrolled, it may pose a risk to the common good, damaging a country's national identity
82
What is controlled immigration?
The requirement for migrants to apply for residency or claim asylum before they settle in a country
83
What is necessary for controlled immigration that may be relatable to Finnis' Natural Law? (2)
- legitimate authority to coordinate life plans
- controls not giving preferential treatment to one person or good over another
84
What is the points system of immigration?
Used by some countries to weigh the value that a potential immigrant will bring to a community
85
How is the points system of controlling immigration not compatible with Finnis' Natural Law? (2)
- may be viewed as too utilitarian
- arbitrarily prioritises the skilled or well-educated over those without the same opportunities
86
How may refusing an immigration application damage basic goods and human rights?
May interfere with a person's right to family life, safety or religion which threatens related goods
87
How may allowing immigration for humanitarian reasons only be challenged by Finnis' Natural Law?
This restricts economic migrants, which may inhibit people's freedom to choose their own coherent plan of life and disregards pursuit of the common good
88
What is the general view of Proportionalism on immigration?
Generally, it does not cause conflict of precepts so there is little difficulty
89
In what work did Hallett write about value maximisation?
'Greater Good: The Case for Proportionalism' (1995)
90
What is value maximisation?
The weighing up of ontic good and evil in an action against its moral value - only when ontic evil has been minimised as much as possible
91
Where may there be inevitable ontic evil in immigration?
When resources are shared amongst large groups of people
92
How can value maximisation apply to immigration?
It is the role of the agent to ensure the value gained by immigration is balanced against potential disvalue - it can be morally right to cap and control it in some circumstances
93
What is the approach of proportionalists to immigration and the common good?
It is not acceptable to prevent all immigration for the sake of the common good as this shows a utilitarian approach, sacrificing the individual for the greater good - too consequentialist
94
What is the traditional stance of the Catholic Church on capital punishment?
Traditionally allowed lawful authority to administer it as a guardian of the common good
95
What is the ideal intention of punishment according to Finnis' Natural Law?
When a law established to coordinate life plans is broken, the imbalance must be restored - such as returning broken goods. This cannot be easily resolved in murder cases
96
How does capital punishment defy Finnis' Natural Law? (2)
- damages basic good of life
- prevents pursuit of life plan
97
What are the implications of the requirement to have no arbitrary preference among persons on capital punishment?
People shouldn't be made to die for the sake of the good of society
98
How does Aquinas' reasoning permit capital punishment?
Allows for order to be restored in society through foreseen, but directly unintended capital death
99
How does Finnis argue capital punishment is unacceptable?
Intentional killing is incompatible with God's authority and basic goods and it is impossible to commit capital punishment without intention to kill
100
What does Aquinas argue about the status of murderers which may permit capital punishment
He believed a serious offender lacks human dignity - like an animal - and so may be killed
101
How is Aquinas' notion of human dignity disputed by Finnis?
Practical reason requires no goods are rejected and everyone should be able to participate in them
102
How is Aquinas' notion of human dignity disputed by the modern Catholic church?
Pope John Paul II said no-one lacks personal dignity
103
Why is proportionalism considered an ethical norm rather than a theory?
There is no consensus as to how proportionate reason is to be applied
104
Why is capital punishment automatically prohibited in proportionalism?
Because it is the direct and intended act of killing, there is no conflict of values
105
What does Hoose argue about punishment in general?
It brings about ontic evil as it involves inflicting suffering in order to reduce crime
106
Why does Hoose argue capital punishment is unacceptable? (3)
- brutalises rather than deters
- retribution is never sufficient
- actively disables opportunity to reform
107
What does Hallett argue in relation to capital punishment?
If something is a sin (i.e. killing), its disvalue automatically outweighs any positive consequence
108
What does Selling argue about the use of DDE?
It has been used beyond its range and should only be applied where a direct act of good may also result in an indirect evil
109
How may proportionalist argument defend capital punishment?
It intends to protect society, killing is therefore a by-product
110
How is the argument of capital punishment as a protective measure disputed by most proportionalists?
- killing will always be directly intended, this treats people as objects rather than intrinsically valuable
- protecting society is not present in the action, just a hoped-for consequence
111
What 3 things does McCormick argue proportionate reason requires?
1. The good at risk must be at least equal to the evil performed
2. There is no less harmful option
3. Action must protect good, present and future
112
How does capital punishment violate McCormick's requirements of proportionate reason?
1. Killing brings about insurmountable disvalue
2. There are many other options for punishment
3. Protection of society is undermined by state-sanctioned killing
113
Aquinas' argument for capital punishment - Finnis
'embarrassingly flawed argument'
114
Capital punishment - Finnis
'death is not a penalty that human beings can inflict without forming an intention precisely to terminate life'
115
Revision of the Catechism of the Catholic Church 2018 declaring capital punishment an...
'attack on the inviolability and dignity of the person'
116
Punishment is... - Hoose
'a non moral evil inasmuch as it consists of inflicting suffering on other human beings'
117
Basic goods - Finnis
'pre-moral principles of practical reasonableness'
118
Practical wisdom - Aristotle
'must be a reasoned and true state of capacity to act in regard to human goods'
119
Equality of basic goods - Finnis
'there is no objective priority of value amongst them'
120
Coherent life plan - Finnis
'it is unreasonable to live merely from moment to moment, following immediate cravings, or just drifting'
121
Proportionate reason - Walter
'a moral principle used to determine concretely and objectively the rightness or wrongness of acts and various exceptions to behavioural norms'
122
Proportion and intention - Aquinas
'though proceeding from a good intention, an act may be rendered unlawful if it be out of proportion to the end'
123
Abortion - Catholic Education Resource Centre
'we may sometimes tolerate the indirect and unintended loss of life that comes with trying to properly address a life-threatening medical situation'
124
Intention - Hoose
'the motive may be important for a decision about moral goodness or badness but had no part in decisions about the moral rightness of wrongness of acts'
125
UN Declaration of Human Rights on immigration
'the right to seek and to enjoy asylum in other countries from persecution'
126
Immigration - Finnis
'reverse colonisation'
127
Immigration - Pope Francis
'there is no Christian joy when doors are closed'
128
Value maximisation - Hallett
'value maximisation must be its [Christian moral reasoning's] logic and its law'
