Topic 2 - Natural Law Flashcards
(27 cards)
What is the origin of natural law theory?
Natural law theory originates in ancient Greece and Rome, particularly through philosophers like Aristotle
What is the basic idea of natural law?
Law reflects a universal moral order accessible through human reason, not merely a social construction
Who is a key figure in classical natural law theory?
Thomas Aquinas
How does Aquinas define natural law?
Natural law is a participation in the eternal law, which is divine wisdom ordering the universe
What is ‘specificatio’ in Aquinas’s theory?
Specificatio refers to the deduction of particular precepts directly from natural law through reason
What does ‘determinatio’ mean in Aquinas’s context?
Determinatio is the determination of human laws within the boundaries set by natural law
List the four orders (branches) of law according to Aquinas.
- Eternal Law
- Divine Law
- Natural Law
- Human Law
What is the distinction between specificatio and determinatio?
Specificatio is deductive specification of general natural law principles; determinatio is the practical determination of human laws
What role does eternal law play in Aquinas’s theory?
Eternal law is the overarching divine reason governing the universe, accessible only partially by human reason
What does divine law encompass according to Aquinas?
Divine law is the revealed law given by God guiding spiritual and religious obligations
How does natural law influence human law?
Human law applies natural law principles to specific situations and communities
What is John Finnis known for in modern natural law theory?
Finnis emphasizes self-evident basic values and practical reason, making natural law more accessible in a pluralistic society
What are the strengths of Finnis’s theory?
- Integration of morality and law
- Acknowledgment of positivist insights
- Development of a ‘focal’ concept of law
- Recognition of multiple basic values
What is a criticism of Finnis’s theory?
His ‘focal’ concept may differ significantly from the ordinary concept of law, potentially imposing a moral dimension
What does Lon Fuller contribute to natural law theory?
Fuller develops the concept of ‘inner morality of law,’ focusing on procedural principles essential for law’s function
What is the main critique against Fuller’s approach?
Critics argue that Fuller conflates effectiveness-related principles with morality, committing the ‘naturalistic fallacy’
What is the challenge faced by natural law theorists in a modern context?
Natural law theory must address its relevance in a secular and morally pluralistic world
Who are some key theorists in natural law?
- John Finnis
- Thomas Aquinas
- Michael Murphy
- Velasco Rodriguez-Blanco
What does H.L.A. Hart emphasize in legal positivism?
Hart emphasizes the separation of law and morality
Fill in the blank: Aquinas’s natural law theory combines Aristotle’s philosophy with _______.
Christian theology
True or False: Aquinas believes laws must always align with moral order to be considered just.
True
What is the significance of ‘practical moral reasoning’ in Aquinas’s theory?
It allows for dissent against unjust laws while upholding moral obligations
What does Finnis mean by ‘focal meaning’?
It refers to identifying what law fundamentally is through self-evident basic values
What are some examples of irreducible basic goods according to Finnis?
- Knowledge
- Play
- Life
