PHIL 115 - Natural Law & Human Rights

Law of peoples (just gentium)

idea that international law that transcends national borders

social Darwinism

idea that some races/people are morally inferior due to evolution

-imperialistic

-White Man’s Burden type sht

natural rights

Rights or entitlements that we have by nature, which are not created by positive laws (human-made laws enacted by authorities) and which create a limit to legal intervention

Positive Law

Man-made laws enacted by authorities; Criticized by natural law ethicists bc they believe that morality is formed from universal moral principles that exist independently of man-made laws

• Natural law ethics argues that positive law is ONLY valid IF it aligns with these inherent moral standards

• Positive law holds that law is valid if being properly enacted/followed

Negative law

Prohibition against an act that is considered unnatural or harmful, based on reason

ex/ do not kill (-) vs promote life (+)

Welfare rights

ethical and legal claims that individuals should have a basic standard of well-being, supported by the state through programs like healthcare, food assistance, and housing

• involve a debate between positive rights and liberty rights 

Positive rights

Rights (moral/legal claims) that require action to provide a benefit, such as education or food

• ensured by (gov) interference

Liberty rights

Freedoms that do not require intervention in order to receive benefits

ex/ right to make personal choices, privacy, free speech, free religion

• NO gov intervention

• aka negative rights

How is natural law theory related to the law of peoples and the norms of international law? 

Natural law claims that there are a set of universal moral laws that are inherent of all human beings, and the law of peoples (international law) states that there is a higher set of laws that can be used to criticize the positive laws of another country/regime.

• international law » become focused on contemporary ideas of universal HUMAN RIGHTS, treaties, & laws based on morality

Natural law theory

theory of ethics that holds there are moral laws found in nature and are discernable by the use of reason

Descriptive laws

Scientific; describes how nature behaves

Prescriptive laws

Tell us how we ought to behave

• Nuremburg trials (1945-49) » persecuting people not based on civil law, but a basic moral law (“crimes against humanity”)

• Antigone (Greek tragedy by Sophocles) » MC disobeys king & buries her brother’s body, which breaks monarchial law, but did that bc believed in a higher law

• sometimes positive law must be broken for moral law

Cicero (106-43 BCE)

In his Republic, stated that natural law was universal and unchangeable, grounded in reason and nature bestowed upon humans by God.

• natural law come from God

• natural law = eternal and imperishable = the same today & tomorrow no matter the place

• reason (inherent in all human beings) helps restrain us from evil

Thomas Aquinas (1224-1274)

Synthesized faith (Christianity) with reason; similar to Aristotle, held that moral good consists in following the innate tendencies of human nature (natural inclinations)

• natural law is part of the Divine law or plan for the universe.

• rationality in humans makes us special/helps US fulfill our purpose 

• Summa Theologica » talks about the natural inclination

The Four Natural Inclinations (Thomas Aquinas)

1. Self-preservation (both humans & nonhumans)

2. Procreation & raising of offspring (non-human tendency)

3. Seeking knowledge and truth (unique to humans)

4. Living in society » humans = social creatures by nature

Hugo Grotius (early 1600s)

Dutch jurist that held that natural law developed from human nature (suggesting that human nature is inherently aimed towards good inclinations), and mutual compacts are derived from natural law, and civil law is derived from mutual compacts

• If this relationship is true, then human nature is the source of all law

• founder of international law » common law among all nations

Teleology

Focus on meaning & purpose

How is natural law Teleological?

Natural law theory maintains that the universe is structured according to aims, ends, purposes, and functions. According to Aristotle and Aquinas, reason is what allows us to discern these functions. In this way, morality is based on following the purpose that has been determined for you by the universe/God. Using reason to figure out how to act in accordance to our natural inclinations will help achieve eudaimonia.

How does natural law relate to the idea of moral rights and the idea of human rights?

Natural law and natural rights theories are both centered around the fact that there are qualities inherent in human nature, discernable by reason. According to Aquinas, there are natural inclinations that only rational beings can fulfill. Natural rights theorists, such as Locke, Finnis, and Voltaire identifying that basic human rights like life, liberty, and happiness are self-evident.

Criticism of natural law

Natural law only picks out positive human traits.

• opposite of Hobbes

How does natural law resist relativism?

• Natural law is universal (teleological)

• Morality should be directed toward helping us fulfill our function or purpose

• since gives definition of human nature/purpose » provides solution to relativism

What best describes the difference between “moral law,” within the context of natural law theory, and “civil law.”

As the moral law, natural law is supposed to be universal and stable.

Why, according to Aquinas, are deceit and ignorance morally objectionable?

Because they obstruct the innate human drive to know the world as it is. 

How does Aquinas distinguish good from evil?

Good is that for which people have a natural inclination; that which they naturally abhor is evil. 

What, according to Locke, are two primary characteristics of humans in state of nature?

Perfect freedom and equality of power.

Why does Locke think all people should be treated as equals in the state of nature?

Because humans have the same basic nature and capacities. 

Humans are naturally entitled to certain rights. Therefore, they are moral rights first and foremost (not political). Nevertheless, in civil society, these natural rights may need to be _______ by societal institutions and laws.

enforced

Mill held that talk about “rights” is related to, and primarily functions to promote, general ________.

Utility 

Bentham worried that the idea of natural rights was a perversion of ___________ since, according to him, there are no “natural rights” outside of the law.

language

Given Locke’s account of state of nature and social contract, how might human rights be grounded in natural rights theory?

By arguing that we learn things over time and experience (human nature) and education (rationality) are required to show us what is true.

Alasdair MacIntyre (1980s)

Claimed that every attempt at providing a defense of natural rights had failed » “self-evidence” is DELUDED bc everyone disagrees about who has which rights

• general failure in metaethical theory that reduces ethical judgments to mere expressions of personal feelings (emotivists, intuitionists)

Speculative reason

Observable, theoretical truths that are self-evident/unchangeable principles, which help reach necessary conclusions

• similar to categorical imperative

Practical reason

Action/application of speculative (subj. to variation), guiding

• “good is to be done and pursued, and evil is to be avoided” (Aquinas)

• Similar to hypothetical imperative (bc can change)

Where do disputes over natural law occur?

Occur over practical reasoning NOT speculative reason

» Error/immorality comes from evil dispositions & bad habits, which affect practical reasoning