natural law Flashcards
Humes Ought-Is criticism
Hume argues that we cannot derive an ought from an is: statements about what we ought to do (natural law) cannot be justified by appealing to facts about the natural world. This is because facts are descriptive, whereas what we ought to do are evaluative. For example, stealing, while a breach of the primary precepts, can sometimes be justified, but the fact of stealing (descriptive) does not entail the value judgement (evaluative).
how can natural law defend itself against humes Ought-is criticism
Natural law may defend itself against this through the notion of ethical naturalism:
Ethical naturalism responds to Hume by saying that ethical statements can be reduced to non-ethical statements about the natural world and that the gap between is and ought can be bridged by appealing to natural facts about what is good for human beings. For example. A naturalist might argue that we ought to avoid causing harm to others because it is in our natural interests to “live in an ordered society” that promotes the well-being of all members.
WEAKNESS- Aquinas on human nature
Aquinas is too optimistic about human nature. If you consider the terrible acts of humanity e.g. genocide and slavery, it is evident that human nature is not as positive as Aquinas thought. If we really had an orientation towards the good and the primary precepts accurately described our nature’s orientation, then we should not expect to find the extent of human nature that we do.
DEFENCE- Aquinas on human nature
However, Aquinas’ claim is that human nature merely contains an orientation towards the good (synderesis), it doesn’t involve a commitment to humans actually doing more good than evil, nor to incredibly evil acts or cultures occurring infrequently. Aquinas acknowledges there are many reasons why we may fail to do good despite having an orientation towards it. These include gods preservation of free will, original sin, mistakes in concensia, lacking virtue and a corrupt culture
synderesis principle
the innate human capacity to understand and recognise basic principles of morality. “good should be done and evil should be avoided. Aquinas believed humans have an innate propensity towards good and evil is simply the ‘privation of good’
Strength- why is natural laws absolutism a strength?
It holds that moral principles are objective and universal and that they apply to all individuals and all circumstances. It is not dependent on individual preferences, cultural norms or historical contingencies rather is grounded in the very nature of human beings and the universe so is considered absolute and unchanging. This is a strength as it provides a clear and consistent moral framework that cannot be altered by the whims of individual preferences or cultural relativism. This can be useful in situations where there is a disagreement or conflict over moral issues. By providing an objective standard for morality, NL can solve this and provide individuals with a sense of moral certainty and clarity
WEAKNESS
natural law’s absolutism makes it unable to account for the complexity of human situations and the need for flexibility in moral decision-making. This rigidity can make it difficult to apply natural law principles to real-world situations that or often nuanced and multi-faceted.
conflicting duties in natural law
natural law is a deontological ethic, so by virtue, inflexible and absolutist. this creates conflicting duties (similar to kant) whereby in real-world situations, moral principles clash and could be compromised in porder to esure the most moral outcome. For example, in a situation where a doctor is treating a terminally ill patient in a great deal of pain, the natural law principles of non-maleficence and the principle of beneficence clash and natural law does not provide clarity on which moral principle to follow
ROSS-conflicting duties in natural law
ross attempts to solve this through his ‘prima facie’ (first sight) duties. In the case of the doctor and terminally ill patient,
conflicting duties in natural law
