C.10 Aquinas and Natural Law

- Why is NL misunderstood,

- What does Cicero say abt it

- what does a NL theorist claim

- often seen as distinctly catholic or Christian

" [natural] law is right reason in agreement with Nature; it is of universal application, unchanging and everlasting"

- Further says NL is promulgated (promoted) by God

- we can by use of reason alone know things are bad for human happiness

Aquinas' two/ four tiers of law

2: E, D law

Eternal law: Gods will for how universe is to be; for Aquinas the commandments reveal what can be known by the light of human reason

"Law is nothing but the certain dictate of practical reason"

Divine law: Gods revealed laws e.g 10 Command/ sermon on mount.. to Aq DL confirms that which we can know by reason and is to help those trying to work out what reason teaches, Aq aware those w/o Christian revelation capable of reason the 10 C should be understood as affirmations of what is knowable by reason

Aquinas' last two/4 tiers of law

2: N, H law

Natural law: 'right reason in accordance to human nature', to Aq God has willed man have natural inclination to do good + rational capacity to work out what is right and proper

Human law: Laws in society e.g arson for Aq human laws must not dictate anything contrary to NL e.g genocide cannot be justified

Aquinas and NL + Aquinas and Ambrose similar beliefs

- Rejected divine command theory (belief that as God commanded it its right), morality is rooted in reason rather than scripture

- "The natural law is in the heart" - St Ambrose

- Both uphold 4 cardinal virtues:

Prudence (recognise right and wrong)

Justice (do what's fair)

Courage (be strong and brave)

Temperance (stay balance avoid extremes)

Aquinas and telos

- As Aristotle believes universe has purpose, believed we are only able to be what God meant for us to be in the next life; to achieve goal we need to be faithful to God

- Both uphold belief that goal of human life is flourishing leading to true happiness which is Eudaemonia for Ari and union w God for Aq, the desire to b w God is centre of our natural destiny

Lus and Lex

Lus: what is right or just; moral laws

Lex: actual written law

Hobbes recognises NL is always understood as Lus, Catholic Church follow manualist tradition (who emphasise NL in relation to commandments) treating NL as set of regulations

5 Primary (POWER) precepts

And Secondary precepts

P. protect life

O. order in society

W. worship God

E. education of children

R. reproduction

Primary = fixed unchanging these are the moral GOALS

Secondary = rules created by ourselves to follow primary 5; flexible as primary precept can be broken e.g self defence results in killing some1 it's fine as intention wasn't to kill

How do the 5 primary precepts and the 4 cardinal virtues work together?

Helps you do things clearly and wisely; e.g to preserve life you need prudence to make informed choices

" prudence entails not only consideration of the reason but the application to action, which is the goal of practical reason" - Summa Telelogica

A modern development of NL theory: John Finnis

More secular and practical than Aq, builds on Aristotelian principles and the idea of basic forms of human flourishing calls basic goods:

1 life

2 knowledge

3 play

4 work

5 aesthetic experience

6 friendship

7 practical reasonableness

8 religion

These goods help us flourish as humans.

To live morally, we must:

Follow these goods fairly.

Respect all values.

Have a clear life plan.

Not just focus on consequences.

1 What is the principle of double effect?

2 What are Aquinas' two concerns about action?

3 Aquinas on self-defence when is it lawful?

1 An act may have more than one effect, e.g., saving a life and harming another. What matters is intention, aiming to save, not to harm.

2 What is the motivation, and what does reason tell us to do; if intention of an act is good then the act is lawful

3 If force is moderate and proportional. Unlawful if too violent.

1 What are the four conditions for double effect?

2 criticism of double effect?

1 1. Act must not be evil in itself.

2. Bad effect not intended.

3. Good must outweigh evil.

4. Proportion between means and end.

2 Hard to see real difference between intending and accepting an effect (e.g., giving painkillers knowing death may follow).

Criticisms w Aquinas Natural Law

1. Aquinas relies on Aristotle's belief that everything has a purpose (a telos). If this metaphysical idea is wrong, the foundation of natural law collapses; later thinkers e.g Finnis try avoid this by focusing on human needs

2. Isssues w Doctrine of double effect; difficult to see difference between intending and foreseeing, critics like Anthony Kenny challenges the idea that intention and foresight are separate. If you know death will occur as a result of your action, then you're intending it

3. Religious foundation makes it difficult for people outside Christianity

4. Critics argue it's rigid; however secondary precepts provide flexibility especially when reason is used well

Strengths of Natural law

- Clear moral foundation: Based on reason and objective principles.

- Applies to everyone: Because it's based on human nature, not religion alone

- Flexible through secondary precepts: Allows adaptation to particular situations

- Combines reason with moral values: Encourages thoughtful judgement, not just rule-following