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Natural Law_merged

Natural Law Theory

Morality and Law

  • Questions regarding the relationship between morality and law:

    • Can something be moral yet illegal?

    • Can something be legal yet immoral?

Morality/Ethics

Positive Morality

  • Describes societal beliefs about right or wrong.

  • Context-specific; varies across societies.

  • Measured by surveys.

Critical Morality

  • Prescriptive nature: defines what is right or wrong.

  • Universal applicability across cultures.

  • Derives from rational reasoning.

  • Critical for assessing positive morality.

Character, Act, Consequences

  • Exploring the praiseworthiness or blameworthiness of:

    • Character

    • Act

    • Consequences

  • Central to Critical Morality/Ethics.

Traditional Ethical Theories

  1. Virtue Ethics

    • Focuses on the moral worth derived from the character of the person performing the act.

  2. Deontology

    • Moral worth is associated with the act itself, regardless of the outcome.

  3. Consequentialism

    • Moral worth is derived from the consequences of the act.

Ethics Classification

Ethics of Character (Virtue Ethics)

  • Aristotelian view: An action is right if it aligns with what a virtuous person would do.

Ethics of Conduct (Deontology)

  • Kantian perspective: An action is right if it is performed out of a sense of duty.

Consequentialism

  • Ethical Egoism: Right actions promote the agent's self-interest.

  • Utilitarianism: Right actions maximize happiness for all affected.

Traditional Division in Ethics

  • Distinction between Normative and Analytical Approaches:

    • Normative: Evaluation and justification of laws.

    • Analytical: Explanation of legal concepts.

Historical Case Study

1944 German Case

  • A woman reported her husband for anti-Nazi comments, leading to his execution.

1949 Aftermath

  • Charged with illegal deprivation of liberty.

    • Defense based on Nazi statute legality.

    • Court ruled against her based on critical morality's standards.

Natural Law Principles

  • Principles discovered through reason are fundamental moral standards (e.g., equality).

  • Objective, akin to physical laws.

  • Varied explanations of natural law:

    • God, human reasoning, human nature, societal needs.

Natural Law Theory Overview

  • Law as a social and moral phenomenon.

  • Valid laws stem from universal moral principles.

  • Importance of critical morality for legal legitimacy.

Character in Ethics

  • 'Ethics' originates from the Greek ethos: character.

  • Character reflects an individual's stable motivational structure.

Virtue Ethics Perspective

  • Acts derive ethical value from the agent's character.

  • Goodness in actions correlates with virtuous motivations.

Incorporating Virtue Ethics into Natural Law

  • Aristotle pioneered the theory prioritizing ethical responsibility.

Empirical Inquiry in Ethics (Aristotle)

  • Analysis of societal behaviors defines good and bad lives.

  • Key questions:

    • Who do we aspire to be like?

    • What traits do we admire?

Eudaimonia (Flourishing)

  • Recognized as the highest human good, desired for its own merit.

  • Translated variously as happiness, but emphasizes objective fulfillment.

Human Nature and Reason

  • Eudaimonia associated with human flourishing, rationality, and societal engagement.

Notions of Virtue in Ethics

  • Intellectual and moral virtues lead to good actions.

  • Virtue defined as excellence.

The Golden Mean

  • Moral virtue is about finding balance between extremes.

  • Notable examples include:

    • Courage between cowardice and recklessness.

    • Generosity balanced between prodigality and stinginess.

Developing Moral Virtue

  • Moral virtue requires practice, action, and emotional regulation.

  • Importance of practical wisdom in recognizing appropriate behaviors.

Justice in Ethical Frameworks

  • Justice arises from social cooperation and establishes moral law.

Aquinas and Finnis on Natural Law

  1. Common Good: Central to human flourishing, grounded in reason.

  2. Universal Moral Principles: Expected conduct derived from practical reasoning.

Aquinas’ Legal Philosophy

  • Law defined as rational ordinance for the common good, rooted in natural law.

Distinction in Law

  • Real laws vs. Defective laws:

    • Real laws align with reason and promote the common good.

    • Defective laws diverge from reason or impose unfair burdens.

Critique of Legal Positivism

  • Legal positivism views law without accounting for morality's role:

    • Asserts a distinction between law as it is and law as it ought to be.

Dworkin’s Critique of Positivism

  • Judges utilize principles (not merely rules) to anchor their decisions.

  • Importance of moral principles in judicial discretion and interpretations.