Natural Law

What is Natural Law?

A deontological, absolutist theory rooted in human nature and reason, developed by Thomas Aquinas and based on Aristotelian ideas

Who are the key thinkers?

• Aristotle - everything has a telos (purpose); human flourishing (eudaimonia) comes from fulfilling telos

• Aquinas - build on Aristotle; humans have a God-given telos; moral laws are discoverable through reason

What are the 4 tiers of Law?

• Eternal - God’s mind; order of universe

• Divine - Revealed (scripture)

• Natural - Known through reason

• Human - made by societies to apply NL

What are the primary precepts?

• Preservation of life

• Reproduce

• Educate offspring

• Live in orderly society

• Worship God

What are secondary precepts?

Derived from primary precepts using reason e.g. do not kill comes form preserve life

What is the difference between a real and apparent good?

• Real good - Truly fulfils human purpose e.g. charity

• Apparent good - seems good, but is not e.g. drug use

What is the difference between interior and exterior acts?

• Interior - intention

• Exterior - action itself

• Both must be good for an act to be moral

Why is reason important?

Reason is essential to discover NL. Humans are rational and use logic to identify the right actions to take

What are the strengths of NL?

• Universal and consistent

• Based on reason (accessible)

• Links morality with purpose

• Clear moral structure (precepts and laws)

What are criticisms of Natural Law?

• Too rigid - complexity dismantles it

• Assumes fixed telos (challenged by Darwin)

• Is-Ought gap (Hume)

• Cultural relativism undermines universality (Thomist theory)

• Depends on belief in God or purpose

What is proportionalism?

Modern adaptation of NL:

• Follows NL in general, but allows exceptions if proportional reason exists

• Combines NL’s structure with a bit of moral flexibility

How are NL and Christianity linked?

Rooted in Christian theology; aligns with ideas of divine order and creation

Who is John Finnis and what did he do?

20th century legal philosopher who revived NL in a secular and rational form

What book did John Finnis write?

• Natural Law and Natural Rights (1980)

• Response to legal positivism (especially H.L.A. Hart)

• Aims to ground law and ethics in practical reason, not theology

What is the idea behind John Finnis’ NL?

Not based on God’ commands, but on practical reasoning towards eudaimonia

What are Finnis’ ‘basic goods’?

• Life - health, procreation, safety

• Knowledge - truth and understanding

• Play - recreation and enjoyment

• Aesthetic experience - beauty and creativity

• Sociability - friendships and community

• Practical reasonableness - making wise choices

• Religion - meaning, questions of ultimate value (not necessarily theism)

These are self-evident and intrinsic goods; pursuing them is rational

What are the requirements for practical reason? (guidelines for how to pursue basic goods?

• View you life as a whole

• Prioritise goods (not just one)

• Do not arbitrarily discriminate

• Apply detachment and commitment

• Be efficient in your choices

• Respect every basic good in every person

• Aim for the common good

• Act according to your conscience

• Never act arbitrarily

What is the role of law for Finnis?

• Just laws help people achieve basic good

• Authority is justified if it promotes the common good

• Laws that contradict basic goods are not valid laws (like Aquinas)

What is the difference between Finnis and Aquinas?

• Aquinas - Religious, God-centred, focused on eternal law

• Finnis - Secular, focused on rational good and practical reasoning

What are criticisms of Finnis?

• Assumes agreement on what is ‘good’

• Some goods (e.g. religion) are disputed in secular societies

• Still rigid - less room for moral nuance

• “it is just a repackaging of conservative moralism”

What are strengths of Finnis?

• Avoid religious assumptions - works in pluralist societies

• Provides a rational, structured basis for law and ethics

• Emphasises eudaimonia and common good