2A - Natural Law: Laws and Precepts as the Basis of Morality

What is Natural Law?

▪ The ethical belief that certain rights are inherent by virtue of human nature

▪ The universe has a natural order working to achieve a telos, therefore as humans are part of the natural world, they too have a purpose

▪ Natural Law = about acting in ways that move us towards this telos

Who can the idea of Natural Law be traced back to?

▪ Aristotle

▪ He thought that the teleological goal for humans = to live a certain kind of life,using reason to recognise how to behave and achieve eudaimonia.

▪ Believed that eudaimonia was very different from pleasure, as he regarded the pursuit of pleasure for its own sake as mere gratification

When did Natural Law make its first systematic appearance?

▪ With Cicero, a Roman lawyer (c. 300 years after Aristotle)
▪ "True law is right reason in agreement with nature"
▪ i.e. reason states, 'do not kill', as only nature should take life
▪ For Cicero, the "author" of this law = God.

How did Aquinas develop the connection between Natural Law and divine law?

▪ Agreed with Aristotle that rationality (ability to reason) = key element of human teaching

▪ If the truths + teachings from the Bible could be shown to be based on reason and not just faith, Aquinas could help defend the faith from rising challenges (Europe was emerging from the Dark Ages - a period of intellectual 'darkness')

▪ Agreed with Aristotle that everything has a purpose, but unlike Aristotle, argued that this purpose was given by God

Where did Aquinas say that Natural Law was located?

▪ In the activity of human reasoning

▪ If we apply reasoning to moral problems, we are acting consistently with Natural Law, as such acts = 'natural goods' as they are in line with human nature.

According to Aquinas, why did God create Natural Law?

▪ To allow humans to achieve the ultimate purpose of enjoying fellowship with God + be in his perfect image

What does it mean to obey Natural Law?

▪ Doing actions that develop our image to reflect the image of God
- Such true perfection ≠ possible on earth; the final purpose of humans is eternal rather than temporal

What four levels of law did Aquinas identify?

▪ Eternal
▪ Divine (1st reflection)
▪ Natural (2nd reflection)
▪ Human

What is Eternal Law?

▪ Refers to the principles by which God governs universe

▪ Can only be known in part

▪ Human brains cannot comprehend it, and so there are two "reflections" of Eternal law (Divine and Natural)

What is Divine Law? (1st reflection of eternal law)

▪ Refers to the Bible, which guides us to reaching the goal of perfection, such as through the deontological laws of the 10 Commandments

▪ It aims at correcting that which was impaired by the fall

What is Natural Law? (2nd reflection of eternal law)

▪ Refers to human choices due to our God-given innate human reason in identifying primary precepts

▪ Can only be known by our natural reason

▪ "Natural Law is the law written in all our hearts"

What is Human Law?

▪ Recognition of the need to seek common good by established customs/traditions of rules based in experienced judgements

▪ Enforced by society (police, courts, judges etc.)

▪ Aquinas recognised that this level of law could sometimes involve wrong reasoning + lead to injustice: "if in any point it defects from the law of nature, it is no longer a law but a perversion of law"

▪ Should be influenced by the two reflections of Eternal Law

How is Natural Law deontological?

▪ What should be done = determined by principles, not based on consequences

How is Natural Law absolutist?

▪ It identifies the right action by means of primary precepts

What is casuistry?

▪ When core principles of pre-determined moral behaviour are applied to a case (origin = Latin, 'casus', case), context or situation

▪ Reason is then used to determine a judgement on morality

Why do some consider Natural Law a teleological approach?

▪ Due to the predetermined absolute principles considering the end result

▪ The origin or casuistry suggests that end results are considered

Define primary precepts.

▪ Fundamental principles revealed to us by God

▪ They help us identify what our God-given purposes in life are, and identify 'good' acts

▪ Apply to all humans without exception

▪ If we fulfil them, brought closer to God

List the five primary precepts. (Hint: POWER)

1) Preserve innocent life
2) Orderly living in society
3) Worship God
4) Educate children
5) Reproduce to continue the species

What underpins the primary precepts?

▪ The most basic natural inclination to "act in such a way as to achieve good and avoid evil"

Define secondary precepts.

▪ Principles that can be derived from the primary precepts

▪ While the primary's = always true, self-evident and held universally without exception, the secondary's = not strictly universal ∵ may not hold in certain circumstances
- e.g. 'do not steal' reflects 'orderly living in society', but there are situations when the secondary may be supported by another primary, e.g. if stealing was for a hungry child, the act is justified as 'preserving innocent life' takes precedence

What did Ronald Preston say about casuistry?

▪ The flaw with it is with the people who misuse it, not the discipline itself

▪ He maintains that it is essential as it involves the careful use of thought in applying general principles to specific circumstances

▪ "Christian ethics would be an exercise in ignorance without it."