Natural Law Flashcards
(22 cards)
What is Natural Law?
Natural law is an ethical theory developed by St Thomas Aquinas. It is based on the belief that the world and human life has a purpose (telos) which is given by God.
Who influenced Aquinas and how?
Aristotle - his ideas were incorporated into his Christian theology such as:
TELOS, EUDAEMONIA, REASON.
What is telos?
An individuals purpose, given by God.
What is eudaemonia?
Human flourishing.
The purpose of human life - flourishing, living well and fulfilling your potential.
NB: can only be fully fulfilled in Heaven (beatific vision - when we are with God).
What is reason?
Our human ability to reason is what distinguishes us from animals and plants.
As humans we have a ‘rational’ soul, whereas animals have a ‘sensitive’ soul, and plants have a ‘vegetative’ soul.
What is the conscience?
Aquinas believed that the conscience is the God-given ability to reason (and to work out secondary precepts).
Name key quotes from Aquinas:
“To the Natural belongs everything to which a man is inclined according to his nature.”
“There is a single standard of truth and right for everyone.”
What are the 4 types of Law?
ETERNAL LAW: made by God and can only be known by God.
DIVINE LAW: law of God, revealed in the Bible (Ten Commandments and Jesus’ Sermon on the Mount).
NATURAL LAW: moral law of God within human nature - discoverable through reason.
HUMAN LAW: the laws of nations for everyday life devised by governments.
What is the synderesis principle?
The overriding principle of NL - to “do good and avoid evil”. Doing good means we will fulfill our telos and eudaemonia. “Good is to be pursued and evil avoided”. Aquinas believed that all humans are, by nature, disposed to do good.
Name all 5 primary precepts:
POWER
Preservation of life, Order in society, (Worship), Education, Reproduction. (These are not that dissimilar from our own laws in society). By following these you work towards achieving eudaemonia.
What does persuing good (via the Precepts) lead to?
Eudaimonia… in heaven!
What are the secondary precepts?
Humans use reason to work out more specific rules for everyday life e.g. ‘do not kill’ stems from preservation of life and order in society.
What is the difference between real and apparent goods?
Real good = fulfilling God-given purpose. He said to do good is to follow the PP.
Apparent good = because we are flawed, we may fall short of God’s intentions for us and confuse what seems to be good, with what is actually good. E.g. eating too many sweets as a child! It is ignorance…
What would Aquinas define a good act as?
One that has good intentions and outcomes.
What is the Doctrine of Double Effect? (Provide an example)
Relevant in situations where a single action has two effects. “Nothing hinders one act from having two effects, only one intended”. He said that we are only held responsible for the act you intended to do. E.g. killing an attacker in self-defence or an ectopic pregnancy.
What is the Ius and Lex?
Ius = spirit of the word
Lex = letter of the law
What did John Walter’s say about NL?
Natural moral law is good as it provides “a foundational, universal and absolute approach to ethics”. As a contemporary scholar he explains how NL is positive in the fact that it applies across time and culture.
Who created and adapted a contemporary version of NL?
John Finnis
What John Finnis’ 20th Century development of NML?
Like Aquinas, he believed that ethics should be about facilitating human flourishing.
He created seven ‘basic goods’ for flourishing that are universal and apply to all people. For example: life, knowledge, play, aesthetic experience, sociability (friendship), practical reason, religion/ spirituality.
Some may argue that his final one is more appealing to atheists, as it doesn’t force traditional religion, just some form of spirituality.
How does Bernard Hoose develop NML? (Contemporary scholar) and how is this approach criticised by the Catholic Church?
Proportionalism - “it is never right to go against a principle unless there is a proportionate reason that would justify it.”
Catholic theologians criticise this, as they explain how it can turn into a slippery slope. Arguments against that may include: using contraception, although it is stopping the PP of reproduction, it is stopping the spread of things like HIV. But the Catholic Church disagree with this – saying you have to stand your ground!
Name 3 weaknesses of NML:
- Is it really likely that the PP are so universal that all 8 billion people in the world can follow them to achieve eudaemonia/ human flourishing. Religious pluralism would argue that there are different paths to reaching the same destination. It is too absolutist! (E.g. Jesus did not reproduce… so does everyone really need to do all five things in order to achieve eudaemonia.
- Perhaps Finnis’ modern approach is a strong and more effective approach/ theory.
- Is worshiping God necessary as one of the PP? Richard Dawkins (a strong atheist) for example, would say no.
- Is NML too optimistic of humans and their ability to capably reason clearly for themselves?
- It depends on a belief in God. Therefore, is this perhaps outdated for a C.21st society.
- The PP of reproduction is no longer relevant today - when we have over popuston in the world… additionally contraception is now widely used and homosexual relationships have been legalised.
Name 3 strengths of NML:
+ The UN Convention of Human Rights includes the right to education - showing contemporary support for the PP.
+ The secondary precepts vary between cultures and societies, allowing for personal interpretations.
The Doctrine of Double Effect.
Has both consistency and flexibility: whilst the PP can be universally followed, there is still flexibility in the form of the SP.
+ The emphasis on reasoning is empowering: NML treats humans as rational agents who can think for themselves.
