natural law notes

nature of telos (Aristotle)

argued that we can study how someone behaves based on how they behave human have a mechanistic purpose and our telos is something to be good if it fulfilled it’s purpose

nicomachen ethics

human Goodness lies in being fulfilled and flourishing, moral wrong doings lies in falling to fulfil human potential → links to the four causes (the 4th cause)

function argument → all beings have a function and humans have a greater variety of functions. as long as a human being is function no matter their place in social higherachry they will be flourishing

a functioning human being is one…..

• lives healthy

• works and prospers

• has children

• contributes peacefully to society

• uses their rationality

• passes on wisdom

• reaches the final goal of eudamonina

natural law

• because humans have a common nature we have a common purpose, the basis for deciding what behaviour leads to flourishing - legal social and biological

• character and ethics are linked = you cannot be a good person who does bad things as this goes against the ability to flourish

stoicism

• the world was ordered arranged b nature of by gods in the best way possible

• we also have a divine spark that enables us to reason and understand the universe

• stoicism emphasises the rational over the emotional

• the path to living a good life lies in living according to nautre’s rules

Cicero

• the true law is right reason in agreement to nature

• there is a true law by in which we have to obide by and in order to be fulfilled in life we must follow the true law which is apparent of our human nature meaning the law has/will always exist.

• real law comes not from the mind of man but the essence of creation.

• natural law is the governing law behind human action

aquinas and telos

• argued that properly moral acts are free act because you have no free will to do so

• we have specific goals in mind, e.g I will work to make money - however these ultimately unstatiying

• we are only fully satisyed when we achieve the ultimate end and this can be though faith

• the ultimate end cannot be found in this world but only in the supreme ad infinite god

• ‘may need to be directed to his supernatural end in a higher way’

intention

• aquinas cannot concern with acts but instead its the reason behind our action

• a good exterior act is compromised by a bad interior act

• reason will always guide towards good however it can be missed by emotion and poor thinking

• but you cannot do good acts for a good reason

• there is a distinction between real and apparent goods real good = real intention

law fro aquinas perpective

certain rules and measure of acts whereby man is induced to act

four tier of law

1 eternal law

2 divine law

3 natural law

4 human law

eternal law

gods laws and plans which he has but we cannot fully understand these laws are internal and ever lasting, it is perfect reason and is immutable

divine law

gods laws that are dripped down through Jesus and the bible e.g the sermon on the mount, decalog great commandment, ‘love god’ and they are based on primary reason

natural law

the moral code within humans, since we are made in the image of god, we have the reason of god but it is fallible, this is acessabe to all of humanity and by using human reason we can follow the divine law

human law

laws which humanity make which are based upon everything above, they are meant for people who live virtuouslly to be protected from those who don’t live virtuously. humans can however not follow the human laws if it doesn’t confirm or goes against all of the laws above

the key precept, syndereis

• do good and avoid evil

• divine reason is unknowable but exists

• reasoning about the common good leads to certain acts being promoted and others being discouraged e.g murder and adultery

• reason tells us we would not want to live in a world where theft or murder is permitted

• is something is conductive to our end we should do it, if it is not we should avoid it the end is telos which is where we will flourish

• mortal life means to live through reason

• firs principle, good is to be sought ashy done evil is to be avoided

primary precepts

acts which are in the line with primary precepts are good acts which don’t fit are bad

primary precepts are

• worship god

• ordered society

• reproduction

• learning

• prevention of life

• WORLD

froninses

ideas of practical wisdom

natural law and legalism

• some people argue that natural law is legalistic, in that it has clear rules that must be followed

• however aquinas doesn’t agree, ‘whatever is contrary to the order of reason is contrary to the nature of human beings

• common good

• everyone should employ their own reason and they will see that moral fact are evident as a result

real + apart goods

• Aquinas = we should pursue apart goods

• you are falling of what god intended

• tempting goods are apparent not real

• people are mistaken in what they truly desire

• inline with the primary precepts = goods, not inline = don’t fit human telos - bad

secondary precepts

• deduced from primary precepts

• less set than primary precepts

• fallible

• more specific than primary and creates a clear rule against a certain thing

• possible applications rather than hard and fast rules

homosexuality

• viewed as unnatural

• don’t relate to primary precepts which are your purpose to live thus don’t allow you to fulfil your telos

• to procreate is evil

• absolute way of interpreting

• Catholic Church says not to act upon your tendencies

contraception

• effect of women

• telos = have children

• lack of scientific thinking

augustines double effect view on self defence

‘private self-defence can only proceed from some degree of inordinate self love’

self love= big ego, a true Christian should be completely self less and defending ourself is an act of selfishness we should rather die than breach morality

aquinas view on double effect on self defence

‘nothing hinders one act from having two effects’ ‘self defence may have two effects’

• actions have to be moderate

• the use of means aren’t out of proportion

• intention wasn’t to kill, it was to preserve life

• intention is the most important aspect not the consequence

steps for double effect

1. act itself is good

2. intention is good

3. must first achieve good

4. a grave reason

EVALUATING NATURAL LAW

strength 1 - clarity

• it offers clear principles and firm moral principles

• however a degree of flexibility

• the primary precepts mean we have a solid base from which to male ethical judgement

• the secondary precepts being context specific means that there is Also a flexibility which is desirable

EVALUTING NATURAL LAW

strength 2 - universal

• most societies agree that the ideas outlined in the primary precepts are desirable goals

• it also says that humans all have access to reason so we can apply these principles across time and culture

EVALUTING NATRAL LAW

strength 3 - rights and value

• it places human life highly

• human life sis instinctively valuable

• it also underpins ideas behind universal human rights

• we have rights due to being human

EVALUTING NATURAL LAW

criticism 1 - universe telos

• it may be wrong to assume wen have a universal telos

• is it irrational for people to pursue a career instead of having children?

• is it irrational to want to live alone rather than in society

EVALUTING NATURAL LAW

criticism - narrow view of telos

• even if we have telos, there is a limited definition

• if natural = accordance with our nature, then a gay person might claim that homosexuality is natural to them and heterosexual is unnatural

• individual are too diverse to assume one telos

EVALUTING NATURAL LAW

criticism -no telos

• there may be no purpose to human life

• existentionlism argues that humans have no fixed nature and are free

• stare argument: objects have a maker who has a plan then brings said object into existence. humans however come into existence then have a plan

• telos assumes a god

foot

• she argues for neo aristoliean naturalism

• moral norms are dervied from facts about our nature as a specfic kind of organism

• virtues are corrective of bad human tendencies are essential for flourishing sharing human life