Philosophy Test #4 (Final)

Definition of law for Aquinas

• law can’t be arbitrary

• no special favors or discrimination

• made by legitimate authority

• know by the people it applies to

Four different types of law for Aquinas

1. Eternal Law

2. Natural Law

3. Human Law

4. Divine Law

Eternal Law

• God’s master plan

• everything must follow it

Natural Law

• human participation in eternal law

• based on our rational nature

Human Law

• stuff we make that can vary from time to time and place to place

• needed because natural law is very vague

• Derivative: (Don’t Kill)

• Determination: (drive on right side of road)

Divine Law

• scripture

Problems w/ Natural Law

• too vague

• is immutable (doesn’t change based on circumstances like time or place)

How does Human Law solve the problems w/ Natural Law

• Narrows things down

• uses derivate and determination to make sure law is applicable to the circumstances surrounding it

When is Human Law unjust?

When it goes against moral codes of society (defies natural law)

Primary v.s. Secondary Precepts

• Primary: basic and universal

• Secondary: derived from primary; more specific (varies w/ culture, circumstances, practical limits, etc.); Not universal

Why do people disagree about morality?

• Cultural variations can affect secondary precepts

• passions can obscure reason

• bad habits can cloud moral reasoning

• complex situations require subtle reasoning (which some ppl can’t do)

Doctrine of Double Effect

How to know if an action is justified:

1. act itself must be morally good

2. bad effect cannot be intended

3. good effect cannot be produced by means of bad effect

4. must have proportionality grave reasoning

Basic Human goods and their impact on moral law (Aquinas)

• Preservation of life

• procreation and rearing offspring

• knowledge and truth

• sociability/community

• rational agency

They guide our actions and are related to the 1st principle of Natural Law

Things Aquinas identifies as not being highest goods, why?

• Carnal Pleasures

• honor

• wealth

• power

• Because they are given to us by others and not in our control

Where does man’s ultimate happiness lie? Why?

• Knowing God and flourishing

• Because the end of every intellectual substance is to know God

Criticism of Natural law theory (Aquinas)

Teleology is not accurate: not everything has a built-in purpose or “telos” as things can evolve and are due to cause and effect, not moral goals.

Locke’s Social contract

Agency Contract (contingent power)

Human Nature (Locke)

Rational beings (humans) have natural rights according to natural law; however, this can lead to conflict, resulting in a need for a government to be an impartial judge.

State of Nature (Locke)

• state of perfect freedom

• not dependent on anyone else’s will

• state of equality (all power is reciprocal)

Laws of nature (locke)

• everyone has the right to punish transgressors

• people must make reparation for violations of the laws of nature

How does state of nature differ f/ state of war (Locke)

• SON: cannot explicitly agree to be part of body politic and can still be in state of nature

• SOW: “state of enmity and destruction”; no others laws except form and/or violence; no right to defend yourself (taking own freedom)

How do political societies form and why (Locke)

when there is a disagreement and bias that leads to conflict and there is a need for an impartial judge

What problems does Locke’s social contract solve?

• no settled law → bias

• no impartial judge → conflict

• no agreed-upon enforcement power → inconsistency and injustice

What powers do ppl retain after formation of society (locke)

ppl retain ultimate authority and can reshape the gov’t

What are limits on legislative power (Locke)

• must be governed by established, promulgated laws

• laws must aim at the good of the community

• there is no arbitrary power over life or property

• taxes require consent

When is revolution justified (Locke)

When there is tyranny (exercise of power for private good)

Hobbe’s Social Contract

Absolute Monarchy

Human Nature (Hobbes)

• Continued desire for more and more power that ceases only in death

• Life of Man in SON: 1. Solitary, 2. Poor, 3. Nasty, 4. Brutish, 5. Short

State of Nature (Hobbes)

• SON = War

• 3 causes: 1. Competition (Resources are scarce), 2. Diffidence (humans desire safety as we know we are vulnerable), 3. Glory (our reputation matters to us)

Laws of Nature (Hobbes)

• You should seek peace and follow it

• should give up power as much as others are willing to do so as well

How do political societies form? Why? (Hobbes)

Fear and need for safety (Sovereign promises protection)

Problems Hobbes’ social contract solves

• War

• Fear

• Need for safety

• Life of a Man in S.O.N.

Power ppl retain after formation of society (hobbes)

Not many rights besides the fact that they can leave the state if it isn’t protecting them anymore

“Rights of Sovereign”

1. Ppl cannot make new covenant amongst themselves unless state dies

2. Sovereign is not a party to the covenant

3. Everyone has to go along with sovereign or be destroyed

4. Sovereign can never be accused of injustice

5. No subject can punish/kill Sovereign

6. Censorship is ok for peace

Limits to power of Sovereign (Hobbes)

No restrictions except that they can fall to another sovereign

When is revolution justified (Hobbes)

Only justified when state isn’t protecting the people but the only thing you can do it leave the state, not truly overthrow it.