natural law

eternal law

the principles by which God made and controls the universe

divine law

the law of God revealed in the Bible, particularly in the Ten Commandments and the Sermon on the Mount

natural law

the moral law of God within human nature that is discoverable through the use of reason

human law

the laws of nations

the telos/ultimate end

aquinas thought moral acts were free acts aimed at achieving an immediate end, and also an ultimate end

• achieving an ultimate end brings ultimate happiness and satisfaction, a thing not found in this world

• motivations matter, however

the four tiers of law

aquinas advocated an approach to ethics based on universal order that all moral rules were based on. they were: eternal law, divine law, natural law n human law

the key precept/the synderesis rule (aquinas)

natural law involves rationality

• do good, avoid evil

• natural law is law-like, rooted in human reasoning

• divine reason, though incomprehensible, is discernible through human reason

• the moral life is live through reason

• natural law is act-based and deontological, oriented toward an ultimate end

primary precept

primary precepts are fundamental moral principles that aim to promote human flourishing, such as preserving life n seeking knowledge

secondary precepts

derived from the primary precepts, provide more specific guidelines for ethical behaviour in different situations. these precepts help guide individuals in making moral decisions

real goods

• real goods refer to things that are truly beneficial and valuable for human well-being n flourishing

• these can include things like knowledge, friendship, health n moral virtue

• = genuine happiness, wise choices

apparent goods

• things that may initially seem desirable

  • upon closer examination, they are not truly beneficial

doctrine of double effect

• ethical principle: deals with morally complex situations where an action may have both good n bad consequences

• » may be morally permissible to perform an action that has a good effect an foreseen but unintended bad effect - as long as certain conditions are met

  • conditions inc intention of the action being good, the bad effect + no alternative course of action w/ only good effects

• concept that helps guide ethical decision-making in challenging situations

cultural relativism

the social norms of a given culture

• eg in british culture, abortion can be carried out and a woman has the right to decide if she wishes to be pregnant; in American culture, there are significant political obstacles associated with abortion

subjectivism

moral beliefs of an individual

absolutism

fixed and unchanging moral laws

utilitarianism

morality is the outcome that has the greatest good for the greatest numbers

natural law

morality is the understanding of a rational human nature that we should live in accordance with

reason

entirely rational, emotions play no part in moral decisions

God-given

morality has a gift to humans from God

universal

apply laws exactly the same in all places at all times

innate

morality is ingrained in our rational minds

divine spark

morality/moral choices we make are God acting within and through us

aquinas natural law summary

using reason alone we can perceive what is ‘good’

• “the first principle of practical reason is…good is to be done and pursued, evil is to be avoided”

• all humans act towards an end, ultimately the end is Eudaimonia (happiness) which can only be found in God

• eudaimonia is the highest faculty of a person

catholic church

natural law is written and engraved on the soul of every man by God

aristotle natural law summary

morality is natural n unchangeable and has the same powers everywhere

• “reason is the true self of every man, since it is the supreme and better part.”

  • the purpose (telos) of every human was to live a life of reason

cicero natural law summary

true law is right reason in agreement with nature, it is one eternal unchanging law

• “true law is right reason, in agreement with nature; it is of universal application, unchanging and everlasting”

real & apparent goods (aquinas)

• every human’s nature is fundamentally good

• fallible humans make mistakes

• temptation can distort the perception of what appears good

• this distortion hinders correct reasoning n obscures the ‘real’ good

• humans aim to pursue the ‘real’ good but can make mistakes in doing so

  • “No evil can be desirable, either by natural appetite or by conscious will. It is sought indirectly, namely because it is the consequence of some good…a fornicator seeks a pleasure which involves him in moral guilt.” (summa theologica, aquinas)

how do we overcome these apparent goods?

natural/cardinal virtues:

• prudence (cautious)

• temperance (self-restraint)

• fortitude (moral strength)

• justice (fairness/equity)

• to pursue natural law we need to:

  • develop the virtues

  • eliminate the vices

what tempts us to stray from the virtues?

7 vices/cardinal sins:

• pride (ego)

• avarice (greed for material gain)

• lust (sexual desire)

• envy (desire for something belonging to another)

• gluttony (excessive eating)

• anger (hostility to others)

• sloth (laziness)

doctrine of double effect criteria (1)

The act must not be evil in itself. Killing is not intrinsically evil in the way murder (wrongful killing) always is.

doctrine of double effect criteria (2)

The evil and good that come from the act must be at least equal and preferably the good must outweigh the evil.

doctrine of double effect criteria (3)

The intention of the agent must be good. The agent must not want to bring about an evil result. 

criticism: God did not create the world for a purpose

• Jean Paul Sartre, Albert Camus, Bertrand Russell n Richard Dawkins

• universe is ‘absurd’/’gratuitous’

• universe is a ‘brute fact’

• no design or purpose

criticism: How do we know what is natural?

• the natural outworking of physical laws?

• death is natural, so should we work to delay it?

  • huge implications for euthanasia

  • Q: “if death is ‘natural’, is it moral to prolong a person’s life with medical intervention?

criticism: natural vs culturally acceptable

• subordination of women and slavery used to be viewed as ‘natural’

  • in the past, it would have been seen as ‘unnatural’ for a women to be educated

• is homosexuality unnatural?

criticism: natural law obscures basic moral differences

• kai nielsen

• anthropological research suggests that some primary precepts are not in fact universal

• challenges idea of universal moral law

  eg inuit cultural traditions: they kill members of the family before winter set in (if they believed these members were vulnerable or cause a burden to the wider family group)

criticism: vardy n grosch challenge aquinas’ view of sex

• aquinas stated that every discharge of semen should be creative

• however, sex could be justified in other ways, eg its benefits to a couple’s relationship

criticism: does humanity have a shared purpose?

• natural law says we should all aim to have children: does this make nuns and monks immoral?

• aquinas’ answer, that a few can choose this kind of lifestyle, seems inconsistent

does natural law provide a helpful method of moral decision-making?

yes	no
offers legalistic way of working out what is morally right	inspired by a religious belief in God = unhelpful to those who don’t believe in God
offers clarity n consistency in a relativistic world	natural law based on natural world, our reflections, having human intellects, may not lead to the same conclusions as science teaches us new insights about the scientific world
natural law complements our conscience	simplifies human behaviour and actions, suggesting our actions are driven towards a single end, whereas in reality, actions can have a variety of motives

does human nature have a natural orientation towards the good?

yes	no
aquinas: natural response to do good	thomas hobbes (lived through eng civil war): saw human nature as dangerous n murderous
moral laws arise out of this natural response	human development damaging natural world ie pollution, over-population, natural resource depletion

can a judgement about something being good, bad, right, or wrong be based on its success or failure in achieving its telos?

yes	no
catholicism: deliberate use of sexual faculty outside marriage is contrary to its purpose, goes against ‘moral order’ ∴ wrong (inc contraception)	natural law results in distorted view of the ethical human act which sees it exclusively in terms of the physicality of the act

has the universe as a whole been designed with a telos?

yes	no
natural law assumes a fixed, immutable, unchanging end for all things that have been created - intention n design	some believe in an account of science with no place for a creator God ∴ no telos/purpose
if flourishing societies were linked to places of natural law n order, then could be defended	hans kung: believed in God yet believes the ‘natural’ is “naive, is static, narrow and completely unhistorical” » eg sexuality is not just about biology, but also psychology n social attitudes, no predetermined end

can the doctrine of double effect be used to justify an action, eg killing someone in self-defence?

yes	no
allows for intention to be considered prior to outcome » no intention to act against natural law	“the road to hell is paved with good intentions”

primary precept: worship God

why?

He is the source of eternal law and has sent this law to humanity

secondary precept:

attend mass every Sunday

primary precept: ordered society

why?

lawful n possible to follow the primary precepts

secondary precept:

punish those that bring disorder

primary precept: reproduce

why?

to ensure that life continues as is God's intention

secondary precept:

forbid contraception

primary precept: learn

why?

teach about God and 4 tiers of law

secondary precept:

send missionaries to spread the Word of God

primary precept: defend innocent life

why?

life is precious above all else

secondary precept:

forbid abortion