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.