Notes on Classical Natural Law Theory

Overview of Natural Law Theory

• Central Claim: Natural law theorists believe that a universal natural order exists, which genuine law must match or promote. This order is derived from understanding intrinsic truths about human nature and the workings of the world, thereby establishing fundamental rules and standards for governance. The relationship between natural law and human behavior is crucial, as it aims to align societal rules with inherent human values and moral principles.

  • There is ongoing debate among theorists about which aspects of human nature and natural phenomena should be prioritized in guiding the law-making process. Some emphasize moral considerations over empirical observations, while others argue for the opposite perspective.

Historical Foundations

• Influence of Ancient Greeks: Ancient philosophers postulated that unchanging physical laws govern the universe, mirrored in the natural world—examples include cyclical changes in seasons and instinctual behaviors in animals. They theorized that concurrently, social laws should have a similar immutability, reflecting an inherent order and permanence within human society. This led to the understanding that laws are not merely human constructs but have a basis in the nature of reality itself.

• Key Philosophers:

  • Aristotle: He emphasized balance and harmony both in nature and within societal structures. Aristotle argued that laws should reflect the principles of balance as they pertain not only to individual virtues but also to the wider social order.

  • Plato: He proposed a tripartite division of the human soul, which he equated with the structure of society. This division comprises the rational (mind), the appetitive (desires), and the spirited (will), suggesting that a just society would mirror this structure, with rulers exercising wisdom, the business class providing stability, and the military class ensuring protection.

Important Sources of Natural Law Theory

• Alongside the foundational Greek influences, several significant figures and sources emerged in the development of natural law theory:

  • Islamic Sharia: A legal system grounded in the Quran and the Hadith, emphasizing justice and morality as part of divine will.

  • Christian Canon Law: Derived from ecclesiastical authority, this law reflects moral principles crucial to governance within ecclesiastical contexts.

  • St. Augustine (4th-5th century): He contributed to the understanding of divine law and the necessity of aligning human laws with the eternal moral order.

  • St. Thomas Aquinas (13th century): He synthesized Aristotelian philosophy with Christian doctrine, laying the groundwork for much of Western philosophical thought on ethics and law.

  • John Finnis (20th-21st century): A contemporary scholar who revived natural law theory, arguing for its relevance in modern legal discourse and emphasizing practical reason in ethical and legal decision-making.

• Unlike their Greek predecessors, later theorists focused extensively on the implications of a divinely-created world, asserting that natural law reflects the moral framework dictated by a higher power rather than solely human experience.

St. Thomas Aquinas

• Biography: A prominent Dominican priest (1224-1274) in the Roman Catholic Church, St. Thomas Aquinas aimed to harmonize Aristotelian metaphysics with Christian theology, influencing both religious and secular philosophy profoundly.

• Metaphysical Overview:

  • What is Metaphysics?: It is the study of the fundamental nature of reality, existence, and purpose, exploring whether the universe operates in a random fashion or follows a purposeful design.

  • Aquinas’s View: He adopted a teleological perspective wherein everything in the universe has an inherent purpose or telos. This encompasses both natural objects, such as acorns that develop into oak trees, and artifacts, like knives designed for cutting. He also posited that social institutions serve specific functions, exemplified by schools that are meant to impart knowledge to future generations.

Law's Relationship to Metaphysics

• Aquinas contended that human laws must align with their designated purpose, consciously integrated within the context of a divinely ordered universe. To legitimate human authority in legislating, lawmakers must reflect this transcendent moral order delineated by divine law.

Definition of Law by Aquinas

• Definition: “Law is… an ordinance of reason for the common good, made by him who has care of the community, and promulgated.”

  • Key Components:

    • Ordinance of Reason: This crucial aspect signifies that true laws are founded on rational principles aimed at governance, rather than arbitrary rulings.

    • Common Good: It insists that any law must consider the collective interests and welfare of all individuals and entities within society, going beyond private objectives.

    • Care of the Community: The authority to legislate must be vested in individuals or groups with proven responsibility for the well-being of the community, ensuring that laws reflect societal needs rather than self-interest.

    • Promulgation: Laws must be openly published or acknowledged to ensure that they are known to those whom they govern, reinforcing accountability and civic order.

Essential Points about Aquinas's Definition

1. Any true law must encompass all four elements. Absence of any single component indicates it is not a true law.

2. Aquinas's definition is philosophical in nature, identifying the intrinsic characteristics essential to law rather than merely common usage.

3. It serves as a general definition applicable across all types of law, demonstrating the interconnectivity of moral and legal precepts.

Application of Aquinas's Definition of Law

• A detailed table illustrates how Aquinas's definition informs various categories of law:

  Type of Law	Ordinance of Reason	Common Good	Who Has Care of the Community	Promulgation
  Eternal Law	Divine reason or God's plan	Supreme good of the universe	God	Present in all things governed by eternal law
  Natural Law	Accessible expression of eternal law	Human happiness	God	Implicit within the hearts of humanity
  Human Law	Crafted by humans for society	Ordered social living	Kings, legislators, judges, etc.	Found in constitutions, statutes, judicial rulings
  Divine Law	Directly revealed by God	Spiritual good (afterlife)	God	Enshrined in the Old and New Covenants