Natural Law Flashcards
What type of theory is Natural Law?
Deontological theory or Absolutist
What does Aristotle say about Natural Law?
Aristotle developed the theory of Natural Law and his understanding of Telos (purpose) and being achieved by flourishing (eudemonia) within polis (community)
What does Aquinas say about Natural Law?
Aquinas believe telos of a thing must be related to the final end of humanity which is eudemonia for Aquinas happiness is achieving in heaven
What is Syndersis Rule?
Do good and avoid evil
Aquinas 5 primary precepts?
-Worship God (Pray)
-Ordered society (Do not steal)
-Reproduce (Do not use contraception)
-Learn and teach people about God (Free education)
-Defend the innocent and preserve life (Murder is wrong)
What is Secondary precept?
are practical application of the primary precept in specific areas
What are the 4 tiers of Law?
Eternal Law- Principles which God made and controls the universe and which are only fully know to God ?
Divine Law-Law of God Revealed in the bible particularly Ten Commandment and Sermon on the Mount
Natural Law-To do good and evil avoided called human nature use conscience and it applied with reason to a situation which leads to the right outcome
Human Law-Law of Nations everyday rules that govern our lives from the legal system at one end eight down to the notices
What is doctor or of double effect?
some actions produce two results one good and one bad
What is Aquinas view on double effect?
Aquinas uses the principle of self defence to justify doctoring of double effect as if the intention as not directly intended then the consequence is permissible
What is the difference between real good and apparent good?
-Real goods are those who are in accordance with the primary precepts and God’s wishes for humanity
-Apparent goods are things which tempt us because they seem enjoyable, but which does not further the aim of promoting human flourishing
Strength of Natural Law?
- The view that everything has a telos is observable from common experience and from science.Natural law seek us as human to beome the best we can be. We are told to aim for a purpose and maintain an ordered society.This Theory isn’t bilittling and isn’t a ‘‘single factor theory’’ like utilitarianism
- Eudaimonia is achieved in the coummunity (Polis) NL supports the common good and a sense of Cohesion
- Since it is base on belief in a shared common humanity it has a clear rules that can be applied in all situation where humans are making moral decisons.The basic principle of perserving human life,Reproduction,Learning and living in society are common in all cultures and so NL is reasonable
- NL is More Flexible-although the primary precepts are unchanging and absolute, the secondary precepts can actually change to incorporate different things
- Absolutism is the greatest strength of NL. This is because NL relates to fixed set of rules which can be worked out by people using their reason and observation of the world.Absolutism is fair this is because absolutism gives the same rules for everyone to maintain
Weakness of Natural Law?
- The view that everything has a Telos imposes and an artifical idea of order and design on the universe. Also the confusion around how we are supposed to know what our purpose is. For example Reproduction? Existence of Male G-Spot suggesy homosexuality may not be totally immoral
- NL is based on assumptions about world which modern science questions. Darwins shows that nature has particular characteristic due to natural selection.The world has no rational system of laws governing it but the laws of nature are impersonal and blind with no intention of moving towards particular purpose
- Since human reason is imperfect and is unreliable it does not provide a strong basis for moral decison making.Karl Barththought NL relied too much on reason as human nature is corrupt to be trusted and not enough on grace of God and revelation of the Bible
- The view that there is orientation towards the good in human nature is simply assertion it is not supported by observable evidence. Aquinas says that human have a ‘‘tendency to do good and avoid evil’’ but this is to idealistic. Also Kai Neilsenargues against Aquinas belief in a single human nature- there is no single nature we are all different lifestyle and opinions
- Absolutist Nature-in being absolute NL is ignorant of situation therefore another theory such as situation ethics might be a better way to judge right and wrong
- Outdated-the theory is argubably on outdated social norms and is not relevant to modern society. In sexual ethics it is not socially accpetable to suggest that homosexuality is immoral. Furthermore society has moved on since Aquinas time sex for pleasure us part of our society its not necessarily moral
