Study of Three Ethical Theories Flashcards

Situation ethics + Utilitarianism + Natural Moral Law

1
Q

Who proposed Situation Ethics?

A
  • Joseph Fletcher in the 1960s
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2
Q

What social and political historical events influenced the proposal of Fletcher’s ethical system?

A
  • Prior to the 1960s, Christianity had been governed by legalistic rules and church authority.
  • Liberation movement saw people moving away from religion and towards antinominalism.
  • women occupied more places in the workforce ; increase in sexual liberation, and in secularisation.
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3
Q

How did these events influence Fletcher’s Situation Ethics?

A
  • Fletcher rejected legalistic ethics due to its strict obedience on Biblical rulings whilst also rejecting antinominalism as there are no moral principles regarding it ‘ literally unprincipled’.
  • Situation Ethics became the Middle way between the two , emphasising personal freedom whilst also recognising the influence of laws and principles in decision making
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4
Q

Give the key concepts of Situation Ethics

A
  • teleological and relativist approach to morality
  • ” the situationist follows a moral law or violates it according to love’s need”
  • most concerned with love and people than rules
  • uses principles to illuminate the situation but not to direct it.
  • considered each situation on its own merits before applying ‘agape’ meaning unconditional love.
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5
Q

What place do rules have in Situation Ethics?

A
  • principles + rules can only be used to illuminate the situation but do not direct the action not determine whether an action is morally wrong or right.
  • For Fletcher, the only law that can determine what is moral is the law of love / agape.
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6
Q

Give the 6 Fundamental principles of Agape proposed by Fletcher

A
  1. ’ only 1 thing is intrinsically good; namely love , nothing else at all’.
  2. ” ruling norm of Christian moral decision making is love’
    - laws are a guide to how love has been practiced - it is a mere reflection of love.
  3. “Justice is love distributed”
    - if love is properly shared out, there would be no injustice. love ‘ is a shotgun not a rifle’ and can serve multiple people.
  4. ’ love wills the neighbour’ good’
    - pure love does not discriminate
  5. “only the ends justify the means”
    - emphasises the teleological nature as it is focused on the outcome of the most love
  6. ” Love’s decisions are made situationally”
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7
Q

Give the Four Presumptions Fletcher proposes for one to be sure the act taken will provide the most loving consequence.

A
  1. Pragmatism
    - the proposed course of action must be practical and work towards love. Reason is the “ instrument of moral judgement”
  2. Relativism
    - there are no fixed absolutes. Any proposed action should be based on the situation
    love “relativises the absolute , it does not absolute the relative”
  3. Theological Positivism
    - based on faith that God wants us to aim towards a loving end.
  4. Personalism
    - situationist must prioritise people over rules. People are more sacred. “ people are at the centre of concern”
    - he reminds us of Jesus’ teaching ‘ sabbath was made for man , not man for the Sabbath’
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8
Q

Give two examples where Jesus is seen as a situationist.

A
  • Mark 3:1-6:
  • law was taught that no work should occur on Sabbath Day.
  • Jesus encountered a man with a withered hand and treated him despite this law.
  • Mark 2 15-17
  • Sinners who were hungry followed Jesus and his disciples. Although custom not to mix with such people, Jesus ate alongside them.
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9
Q

What are the four examples Joseph Fletcher uses to apply to situation ethics?

A
  • Himself Might his Quietus make.
  • Special bombing mission NO.13.
  • Christian cloak and dagger.
  • Sacrificial adultery
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10
Q

Briefly summarise:
- Himself Might his Quietus make.
- Special bombing mission NO.13.

A
  • Himself might his Quietus make: A terminally ill patient has 6 months to live. His doctors can prescribe pills that will keep him alive for three years. His life insurance policy expires in October so if he took the pills, he would have no money to give his family.
    Special bombing mission NO.13.:
  • The dropping of the atomic bomb on Hiroshima left the plane crew in stunned silence, Three days later, Nagasaki was also targeted. The decision to use nuclear weapons was made by a committee appointed by the US president, who concluded that ending the war quickly and saving lives justified the devastating consequences of using such a weapon.
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11
Q

Briefly summarise:
- Christian cloak and dagger.
- Sacrificial adultery

A
  1. While reading Biblical Faith and Social Ethics on a plane, a man is approached by a young woman, who asks her to help solve a problem.
    Her government has asked her to seduce and sleep with an enemy spy in order to blackmail him. This went against her morals, but if the plan was successful it could bring a war to an end.
  2. During the second world war, a married German woman with three children was captured by a soviet patrol and taken to a prisoner-of-war camp in Ukraine.
    She can only be released if she was pregnant. After considering her options, she asks a Volga German camp guard to impregnate her. She then later on became reunited with her family.
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12
Q

Give the strengths of Situation Ethics. Include Counter Arguments.

A
  • flexible approach to moral decisions due to the principles of relativism where there is no fixed rule in any situation.
  • it is a teleological approach thus it is consequence-centred where there is no intrinsic right or wrong other than love
  • situationism of SE has been instrumental in the CofE recognising areas of possible injustice such as issues of equality i.e. the role of woman.
  • compatible with Christianity. Jesus can be seen as a situationist and the ultimate example of agape through his crucifixion. ( see f15)
    CA: Christianity is almost completely dismissed as it is based on and contains laws. Jesus in John 14; ‘ if you love me, keep my commandments’. - link to Richard Mourn ( held this view)
    R: Does not completely reject laws but sees them as a guide rather than an absolute.
  • Fits with society at the time. As society had been mainly antinomian thus needed some form of control yet retaining freedom.
  • leads to positive consequences as it emphasises a ‘loving end’ to all moral decisions. Link to FUNDAMENTAL PRINCIPLES.
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13
Q

Give the weaknesses of Situation Ethics.

A
  • Despite the 6 FP, there is still subjectivity when it comes to deciding what the most loving action is.
  • As a consequentialist ethic, SE is liable to the criticisms levied against all teleological theories. Most significant is that one can not truly predict all possible consequences within the situation; outcomes may differ to intention.
  • St Paul continued Jesus’ mission after his death. In Romans 13:9-10, “Love does no harm to a neighbour. Therefore love is the fulfilment of the law”. - Follow commandments to show Jesus love.
  • self contradictory : claims to have no rules but only dismisses them if there is a proportionate reason. It also has a moral absolute of always showing love.
  • William Barclay’s criticisms
  • Roman Catholic Church criticisms
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14
Q

Give William Barclay’s criticisms

A
  • Barclay says that Fletcher’s 4 examples are too extreme. “ It is much easier to agree that extraordinary situations need extra ordinary measures than to think that there are no laws for ordinary life” (Ethics in a Permissive Society,1971)
  • Situation Ethics presents people with an enormous amount of freedom and responsibility. He challenges Fletcher’s views and argues “man has not come of age”. Argues that the suggestion that laws could be abandoned if needed was too optimistic.
  • Argues that it is hard for individuals to make their own moral decisions in every situation. May be swayed by emotion of fear.
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15
Q

Give Tillich and Robinson’s view on

A
  • suggest God could be understood as the ‘ ground of our being’ ( ultimate significance) not deus ex machina( supernatural being who intervenes from outside the world) God is a part of people, not almighty who ‘bark’s instructions to follow.
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16
Q

Give the Roman Catholic Criticisms of Situation Ethics.

link to Pope Pius X11

A
  • traditional and follow divine command
  • In 1952, Pope Pius XII called situation ethics;
    “ an individualistic and subjective appeal to the concrete circumstances of actions to justify decisions in opposition to the natural law or God’s revealed will.”
  • individualistic and optimistic approach thus there is a danger that the ideals of agape may be polluted by a selfish human tendency. - Robinson withdrew his support due to this.
  • not easy to determine all the consequences of an action.
  • able to justify actions that many may regard as wrong
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17
Q

Is situation Ethics compatible with religious approaches? Arguments in Favour.

A
  • Jesus is the ultimate situationist: sacrificed himself and broke rules ( in the Bible) ; Luke 2, Mark 3.
  • based on agape - God’s unconditional love, modelled by Jesus’ crucifixion
  • not total rejection of God’s commandments; uses it as a ‘tool’ + ‘guide’ rather than that of an absolute
  • Fulfils many biblical teachings ; ‘ love thy neighbour’ - Fundamental principles “indiscriminate love”
  • changing views within Christianity on issues such as equality of women and slavery indicating recognition that absolutes need not exist.
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18
Q

Is Situation Ethics compatible with religious approaches? Arguments in Favour.

A
  • Love is the fulfilment of the law ; St Paul; Romans 13.
  • Teleological approach will never be compatible with the deontological command in the Bible.
  • Bible is self-sufficient guide- Fletcher has to deny many aspects of the teachings to make his approach freedom.
  • “man has not come of age”
  • Roman Catholic Criticisms
  • SE allows outrageous actions in the name of love . It also provides an opportunity to disobey basic human rights
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19
Q

Give 5 additional scholars’ views on Situation Ethics.

A

William temple: supports
- “There is only one ultimate and invariable duty and its formula is ‘ love they neighbour as thy self’. His ethic was personalist and love-centred.
Neil Messer: against
- “ as a theological theory of ethics, it looks distinctly thin”. He criticised it for its potential to be overly subjective and its basis on Christianity and religion. He argues it has ‘ not worn well’ as it is out of touch with the modern world as it relies on the New Testament which is ‘outdated’.
John Finnis: against
- he criticised the theory for its alleged moral relativism and lack of objective moral norms
D.Z Phillips: against
- questioned whether we can in moral situations , ever be truly confident that we have done the right thing. Attacks Fletcher’s ambiguity and lack of clarity when making ethical decisions

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20
Q

Give the general concepts of utilitarianism

A
  • teleological theory where acts are good or bad depending on their outcome
  • it is hedonistic (pursuit of pleasure)
  • based on the ‘principle of utility’ where one should always bring about ‘the greatest happiness of the greatest number’
  • a relativist theory where what is moral depends on the situation.
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21
Q

Describe the utilitarian concepts of utility, pleasure and happiness.

A
  • The most useful end is seen as that which brings about the maximum levels of happiness.
  • The system is hedonistic, believing that pleasure is intrinsically good. Thus, by happiness, utilitarian means pleasure.
  • actions that produce the most happiness are seen as the best course of action (they are good moral actions).
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22
Q

What three historical events influenced Bentham’s utilitarian ethical system?

A
  • The Enlightenment: During the 18th century, people began to reject theological rules and the authority of the Church. Instead, philosophers began to place reason, empiricism and human autonomy over God.
  • The French Revolution: The political structure of France , where the wealthy noble-people mistreated the peasants came to an abrupt end. Sentiments of sympathy for the wellbeing and happiness of others became a central aim
  • Victorian Britain: England in the 1800s was class riddled where exploitation of child labour, prisoners mistreatment was the norm.
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23
Q

How did historical events influence Bentham’s utilitarianism?

A
  • Bentham and Mill , campaigned for social change - promoting structures which would enable the majority of people to live full lives.
  • Bentham was a social activist and campaigned for the reform of Penal System based on Equality and democracy.
  • He aimed to create a ethical theory which overcame the deep inequalities in 1800 society and take power away from the Church and the wealthy minority
  • He hoped to create a rational democratic and secular moral approach
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24
Q

Give the key concepts of Bentham’s utilitarianism

A
  • a consequentialist theory that measures the rightness of an action based on its utility ( the extent to which it maximises pleasure and minimises pain).
  • a quantitative theory where he seeks to maximise the amount of pleasure
  • Bentham claims ‘ the game of pushpin is of equal value with the arts and sciences of music and poetry’
  • proposed the principle of utility
  • he proposed ethical hedonism where our moral systems should seek to maximise pleasure and minimise pain. “ nature has placed mankind under the governance of two sovereign masters, pain and pleasure.’
  • Act utilitarianism is where decisions are made situationally. It is relativistic and favours individual situations more than the majority.
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25
Q

How does Bentham measure pleasure?

A
  • believes that when making a decision one should use the hedonic calculus
  • includes measuring ; intensity, duration , certainty, fecundity, purity, extent, remoteness.
  • all sentient beings should be included ‘the Question is not, can they reason? but can they suffer’?
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26
Q

Give Strengths and Weaknesses of the Hedonic Calculus

A

strengths:
- in theory , the idea of prioritising the majority is applicable in everyday life
- empirical nature means it is more objective
weaknesses:
- qualitative approach to pleasure; HC is too simple
- unrealistic to employ the hedonic calculus on the face of a moral dilemma

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27
Q

Outline the key concepts and differences of Mill’s rule utilitarianism.

A
  • A qualitative theory. He is concerned by the quality of the pleasure. He introduces higher and lower pleasures; higher pleasures being intellectual pleasures that engage the mind and lower pleasures which stem from our baser, animalistic desires such as sex and food. “It is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied.”
  • Eudaimonia: Pleasure is not the same as happiness for Mill. He believes in a long term , improving one’s intellectual capacity which leads to human flourishing.
  • Principle of universability : what is right or wrong for one person in a situation is right or wrong for all. Increasing general happiness will increase personal happiness. Therefore we should put the interests of group before our own interests.
  • Rule utilitarianism discards the hedonic calculus due to criticisms that it condoned outrageous acts. Instead it establishes a set of rules which maximise + minimise pain.
  • These rules should be followed in every situation , even if they don’t necessarily satisfy the principle of utility. This would maximise general pleasure for society.
28
Q

Evaluate Bentham’s Act Utilitarianism

A
  • revolutionised ideas at the time as it proposed a secular approach to ethics and morality.
  • simple to put into practice through the hedonic calculus
  • Democratic approach
  • focussed on individual, flexible and relative approach to be used in various situations
    weaknesses:
  • hedonic calculus does not work in practice ; too long / complicated for a moment of decision making E.g : can’t predict fecundity etc.
  • hedonic calculus justifies gang rape
29
Q

Evaluate Mill’s utilitarianism

A

strengths:
- “principle of universability” - it can be applied to all people.
- does not empirically measure pleasure; recognises flaws on a quantitative approach
- a more refined and nobler system of thought .
weaknesses:
- examples of higher and lower order pleasures are subjective and restrictive.
- seems to be tailored to the upper class as it places an emphasis on intellectual pleasures.
- too complex a system to calculate thus it has no practical use.

30
Q

GIve the strengths of Act/Rule Utilitarianism

A
  • Act U is relativistic meaning that it is flexible enough to deal with individual situations
  • Rule utilitarianism promotes a welfare state and the equality of all e.g. it supports equal rights/opportunities and does not permit exploitation like AU. This is because of the principle of universability.
  • they are focused on the consequences of our actions, which is morally intuitive ( it usually how we think).
31
Q

Give the weaknesses of Act/Rule Utilitarianism

A
  • fails to recognise the need to respect inherently valuable moral principles as it values outcomes above and beyond principles.
  • Acts are judged according to a predetermined outcome, however this may not be universally desirable.
  • Rule U compromises the principle of utility by allowing rules to play a part in moral decision making
  • Rule U places rules at the heart of decision making and therefore is in effect a form of deontology, which focuses on the motive rather than the action.
  • Distinguishing between strong and weak rules may be arbitrary therefore these theories are not useful in resolving moral dilemmas.
  • Justice may not be served by Act and Rule utilitarianism because of the insignificant value placed on the minority, thus these theories are limited in their ability to resolve moral dilemmas.
  • ## utilitarianism may be guilty of allowing the will of the majority to prevail even if it is intuitively unsound
32
Q

Summarise the preference utilitarianist view. Include quote.

A
  • Peter Singer is a leading advocate of this
  • one acts to satisfy the greatest number of preferences of the greatest number of people
  • rather than maximising + pleasure + minimising pain , you act according to the preferences of all people involved.
  • ” judges actions , by the extent to which they accord with the preferences of any beings affected by the action or its consequences. Singer”
33
Q

Summarise the negative utilitarian view.

A
  • Karl Popper
  • focuses not on maximising pleasure but on minimising pain.
  • the greatest harms are more important than the greatest good
  • human suffering makes a direct moral appeal for help, while there is no similar call to increase the happiness of a man who is doing well.”
34
Q

Summarise ideal utilitarianism

A
  • pluralistic approach where it allows many different things to have intrinsic value
  • contrasts the classical util. view,
  • Actions should be ordered not to the greatest happiness but to those state of affairs possessing the highest degree of good.
  • Moore suggests that there are three intrinsic goods; pleasure, friendship, aesthetic appreciation and so right actions are those which promote this.
35
Q

Give the utilitarian view on war

A
  • outcomes are difficult to predict with any certainty.
  • The principle of utility is impractical in situations like this.
  • One of the key considerations, would be the peace that is gained resulting of the war.
  • The idea of a just war may be applicable as it is concerned with just causes and the likelihood of success
  • Bentham’s basic ideas of the calculus and Mill’s developments could be applied to two main areas ; the extent of suffering and the future prospect of peace or prosperity.
36
Q

Give the utilitarian view on Abortion

A
  • As a relativist theory, would consider the individual situation of the mother and the possible future happiness/ unhappiness caused by the pregnancy
  • as there is no intrinsic right or wrong , what to do in that situation may be dictated using the Hedonic Calculus
37
Q

Give the utilitarian view on Equality. Include both rule and act utilitarianism.

A

Act utilitarianism:
- concerned with the individual and specific actions , so can justify inequality. May support enslaving an ethnic group for the benefit of another , larger group as it maximises the quantity of happiness
Rule utilitarianism:
- developed the principle of universability which promotes welfare equality + equal treatment of all.
- Mill developed a system which maximised the welfare of all, establishing rules, which lead to the greatest happiness.

38
Q

Is utilitarianism compatible with religion?
Argue : In favour

A
  • Rule U. establishes rules which in general maximise happiness and lead to good consequences. Similar to religion establishing the 10 commandments which also lead to good consequence’s (heaven)
    CA: They are established for reasons different to religious ones. Thus still incompatible.
  • Mill argued that Jesus was the ultimate utilitarian. Arguably, the sacrifice of one for the gain of all humanity seems to match with the principle of utility
  • Bentham’s utlil. introduces sanctions , one of which is divine punishment to stop selfishness . This reflects religious punishment for sin.
  • Bentham states that all sentient beings are considered in the calculation of pleasure and pain. Everyone is given a voice. This links to the equality found within religion.
  • Arguably, Mill’s distinction between higher and lower pleasures and his insistence on the importance of overcoming bodily desires to be involved in pleasures of a higher nature links to religious distinctions between good and sin. It also links to religious ideas of overcoming temptation.
    CA: distinction between higher + lower pleasures do not reflect religious distinctions between good and sin as good acts are not always intellectual .
39
Q

Is utilitarianism compatible with religion?
Argue :Against

A
  • Bentham’s util. claims that human beings are psychologically egotistical and hedonistic thus we should seek pleasure. Even if a religious believer held that human beings are motivated only by pleasure and pain.
  • Util. condones some outrageous acts in the name of maximising happiness. Religious believers, however, would argue that regardless of how much pleasure is derived from an action , a sin is a sin. E.G ADULTERY.
  • Although religion and util. occasionally reach the same conclusions , they often have different motivations for doing so. Religion may deem an action as wrong as it is intrinsically sinful, whereas util. deems it wrong as it does not maximise it . They have different reasoning and so overall incompatible.
  • Religion seems to be concerned with pleasures of the spirit-heaven- whereas Util. seems to be concerned with pleasures of the flesh.
40
Q

Give strengths of utilitarianism

A
  • Generally, it is simple , easy to use and practical. There is only one principle ( the principle of utility) to follow.
  • It seems reasonable. It promotes happiness which many desire. Seeks to achieve the best consequences. It also focuses on securing the best possible outcome which we naturally seek.
  • it is democratic, it attempts to maximise happiness for the greatest number of people.
  • it is scientific. It tires to solve its problems by observing, predicting and calculating the psychological data of happy consequences. E.g. introduces the hedonic calculus.
41
Q

Give the weaknesses of utilitarianism.

A
  • critical of hedonism. Pleasure can not be deemed to always be good especially in cases where people find pleasure in doing immoral acts.
  • it condones outrageous acts in the name of maximising happiness.
    Bentham util. states that we should always seek to maximise pleasure and minimise pain. Thus if the majority found pleasure doing an evil act, Bentham’s hedonic calculus would condone and encourage this act as moral.
  • Criticism applies to preference utilitarianism
42
Q

What is Natural Moral Law? Include Quote.

A
  • ethical theory that holds that there is a good natural order in the human world which we should follow. This natural order is determined by God.
  • ” To disparage the dictate of reason is equivalent to condemning the command of God.”
  • Deontological + Absolutist approach
43
Q

Outline Aristotle’s ideas which served as a foundation for Aquinas’ natural moral law.

A
  • All things in the universe have a purpose. This purpose can be dictated by their nature.
  • Something is only seen as virtuous id it can fulfil its purpose.
  • All humans have a “telos” which in Aristotle’s view is Eudaimonia ( fulfilment and human flourishing).
44
Q

Outline Aristotle’s four causes:

A

material cause: what was it made from?
efficient cause: how was it made?
formal cause : what are the characteristics?
final cause: what is its purpose?

45
Q

Outline The Stoics’ ideas which served as a classical foundation for Aquinas’ natural moral law. Include quote.

A

’ Let justice be fine even though the heavens may fall”
- Stoicism is a school of Hellenistic thought founded in Athens.
- Stoics believed that world was a naturally ordered place.
- Stoics believe that a divine spark is needed to enable us to make the right moral decisions and the path to human happiness is to follow the natural world

46
Q

Outline Cicero’s ideas which served as a foundation for Aquinas’ natural moral law. Include quotes

A
  • Cicero was a Roman lawyer and philosopher.
  • He said “ true law is right reason in agreement with nature; it is of universal application , unchanging and everlasting.”
  • ” It needs no other expositor and interpreter than our own conscience”
  • “It is not one thing of Rome and another at Athens”
  • Emphasises an absolutist approach guided by our innate desire to make decisions based on individual reason.
47
Q

Outline Biblical ideas which served as a foundation for Aquinas’ natural moral law. Include quote.

A
  • “They (Gentiles) show that the requirements of the law are written on their hearts, their consciences also bearing witness”
  • Romans 2:14-15
  • links to innate desire to make moral decision
48
Q
A
49
Q

For Aquinas, what is humans “ telos “ ?

A
  • unity with God ; restoring the relationship between God and the humanity.
  • return to our natural unbroken , “perfect” relationship which is first seen in Genesis.
50
Q

To Aquinas , what does he believe are humans innate urges?

A
  • to avoid evil
  • to do good ( through God’s law)
51
Q

What are Aquinas’ Five Precepts?

A
  • self preservation
  • reproduction ( continuation of species)
  • to order society
  • education ( to learn)
  • worship God
52
Q

What are Aquinas’ Secondary Precepts?

A
  • ethical rules derived from Primary Precepts, using “ practical wisdom .
  • reason tells us that some actions are unnatural and therefore wrong in the absolutist sense.
  • NML demands that a primary precept is adhered to at all times. It has superiority over a secondary precept.
53
Q

Define Casuistry

A
  • Casuistry is a technique for deciding which ethical laws apply to your situation , usually by working out whether some laws take precedence over others.
54
Q

Define Doctrine of Double effect and its rules

A
  • An example of casuistry in action
  • refers to choices which lead to two possible outcomes;
  • a foreseeable and intended outcome or
    a foreseeable but not intended outcome
    rules:
  • must be a good act
  • must have good intention
  • must be serious situation
55
Q

How does Aquinas include the Doctrine of Double Effect in NML? Include quote

A
  • NML states that you are only morally responsible for the things which u can foresee and intend.
  • ” the act of self defence may have two effects ; one the saving of one’s life ; the other the slaying of the aggressor…Therefore this act , since one’s intention is to save one’s life, is not unlawful.
  • Aquinas Summa Theologica , II Q64
56
Q

Give the strengths of applying DE to NML

A
  • Allows for flexibility in the absolutist approach, giving the individual some autonomy.
  • it acknowledges that some situations need to be considered independently.,
57
Q

Give the weaknesses of applying DE to NML.

A
  • it still ignores quality of life, which many would say needs to be at the centre of an ethical approach
  • Bible does not separate between intended and unintended outcomes
  • relativist approach of the DE undermines the absolutist nature of NML.
  • Intention can not always be clear.
58
Q

Define proportionalism. Include Quote and who proposed it.

A
  • proposed by Bernard Hoose
  • it is never right to go against a principle unless there is a proportionate reason that would justify it” therefore this supports that there are certain times where it would be permitted for the best course of action to break deontological rulings.
59
Q

Give Aristotle quote which supports proportionalism.

A

” we must second best…take the least of the evils.””

60
Q

give strengths of proportionalism

A
  • it allows for some flexibility and deviation from the absolutist commands in extreme/unusual circumstances where the law may not be applicable e.g. abortion in the case of rape
  • provides a firm structure - maintains “ crutch of the law” while allowing for some flexibility.
  • middle way between relativism and absolutism
  • allows for deviation from moral rules in certain circumstances but does not encourage it.
  • much more compassionate approach , treating humans as sentient beings
  • laws are most often not externally valid without adaptation
  • proportionalism can be adopted by modern day society thus it is realistic
61
Q

give weaknesses of proportionalism

A
  • proportionality is subjective
  • it could be taken advantage of as the context could be misinterpreted.
  • it does allow for practical and quick decision making
  • what counts as a sufficiently unusual situation? there is no guide not clear decision.
  • Aristotle still views it as second best option - deontological approach is preferred.
  • Scholars feel it has deviated too far from the original NML to be considered a development of it.
  • Roman Catholic Church emphasises deontological approach.
62
Q

’ Natural moral law is able to resolve modern dilemmas’. Argue in favour.

A
  • each individual counts and has rights which is significant when applied tog lobal poverty as all individuals no matter what class are considered.
  • concerned with intention which is sig. when applied to abortion as allows for flexibility using the doctrine of double effect.
  • preserves the good of society rather than the individual.
  • objective - NML gives rules that are true independent of our individual thoughts and desires. This is seen in the 5 precepts. Thus it is not hindered by human intentions and preferences.
  • Roman Catholic Church uses and promotes NML to its flowers (1.2 billion+) thus if there is such a large amount of people following if than it must be relevant to people today.
    CA: doesn’t fit with modern ideals i.e. sexuality. Stephen Fry.
    “ The Catholic Church has been implacably opposed to women’s sexual freedom and choices over their bodies centuries.”
  • John Onaikyeken: archbishop of Abuja says that “ the Catholic Church is responsible for alleviating global poverty”. e.g. CAFOD
    CA: global poverty still found in the world +they are not solely responsible
  • Natural law was central to the legal theory of the prosecution of Nazi war criminals following the WWII. It was used in the Nuremburg Trials .
  • The prosecution had to rely on NML. This was based on the idea that Natural Law supersede human law. Many would argue that NML has proved successful in resolving moral dilemmas as it formed the basis of brining these war criminals to justice.
  • Singer + Harris argue that the purpose of mortality is to decrease human suffering.
    CA: increase suffering.
63
Q

’ Natural moral law is able to resolve modern dilemmas’. Argue against.

A
  • too rigid? Can be problem when applied to certain situations ; such as abortion.
  • not concerned with, which can be a problem when applied to war as it can justify potentially outrageous acts.
  • It does not fit with our increasing secular society -> use of contraception is not permitted - led to spread of AIDS and overpopulation in Africa.
  • condemns sexual activities and places a limit on sexual liberation. Thus not in keeping with secular views on sexual freedom.
    CA: redefining what is good in terms of public opinion which is in it itself subject to change.
  • Roman Catholic Church’s teachings are arguably out of date with general public opinion.
64
Q

Give 5 additional scholars’ views on Natural Moral Law

A

Kai Neilson: against
- contends that scientifically, there is no justification for the belief that humans have the same natural inclinations when it comes to ethics. This is an opinion shared by Rachels, who stated that “ the view of the world on which (NML) rests is out of keeping with modern science
Jean Paul Sartre: against
- Sartre does not believe in a human nature or essence that precedes individuals. Rather out existence preceded out essence 2 meaning that individuals define themselves through their actions rather than being bound by inherent characteristics.
Nietzche:
- critical of objective morality , arguing that moral values and are not inherent in the fabric of the universe bur rather human creations.
- Declared that “ God is dead”. “ We must become supermen who reject conventional, religious values” (“slave morality”).
- introduces perspectivism, suggesting that there are multiple , conflicting perspective on truth and morality.

65
Q
A