Eternal Law
There is only One who is Good." John Paul VII
Aristotle's view on natural law
reason discovers what is right through interpreting nature; those who are guided by religion are blind; teleological approach
Aquinas understood God's plan
1) reflection in nature (reason) and from the Bible (revelation) which is the revealed word of God
2) sin is the misuse of free will and does not follow God's plan
Aquinas' development from Aristotle
interpretation comes from inherent divine design; there is an absolute nature to fulfil God's plan for creation
Divine Law
The Gospel of God's love for man... dignity of the person, Gospel of life are a single and indivisible Gospel." Pope Paul VII
Pope Paul VI
The transmission of life is the most serious role in which a married couple collaborate responsibly and freely with God the creator.
Aquinas - Faith
Faith has to do with things that are not seen and hope with things that are
not at hand
Corinthians - Agape
Love is patient, love is kind. It does not envy, it does not boast... does not delight in evil but rejoices with the truth
Aquinas - Agape
The things that we love tell us what we are.
Kainz - Abortion
Those who apply the first precept often make
an exception for the situations threatening the life of the mother, since there is a conflict between the two rights of life
Aquinas - Natural Law
Natural Law is the same for all men... there is a single standard of truth and right for everyone... which is known by everyone.
Cicero - Natural Law
Unchanging and everlasting; it summons to duty by its commands and averts from wrong doing by its prohibitions.
Buckle - In relation to Human Law
From the beginning Natural Law theories drew on disparate elements, which... shaped and reshaped the doctrine accordingly
Aquinas - Teleological/Human Law
Actions are about singular matters: and so it is necessary for the universal principles of reason, and the singulars about which actions are concerned
Mackie - Abortion
The basic argument around abortion... is that the unborn child is already a human being, ... and that abortion is therefore murder
Campos - When does life start/end?
This is a question that cannot be answered logically or empirically ... based on one's ... assumptions about the nature of the world.
General Medical Journal - Euthanasia
Patients have the right to decide how much weight to attach to the benefits, burdens, risks and the overall acceptability of any treatment.
Finnis - A sound theory of natural law is one that...
explicitly, with full awareness of the methodological situation just described undertakes a critique of practical viewpoints ...
Finnis - Natural Law distinguishes between the ...
the practically unreasonable from the practically reasonable
Finnis - claims of natural law
A theory of natural law claims to be able to identify conditions and principles of practical right-mindedness, of good and proper order among persons, and in individual conduct.
Finnis - choice of options in actions
but one whose knowledge of the facts of the human situation is very limited is unlikely to judge well in discerning the practical implications of the basic values
eternal law
principle by which god made and controls universe which only god fully knows
divine law
reflects eternal law
natural law
deontological theory , based on behavours that accords with given laws or moral laws
human law
human law to deal with challenging situations
apparent good
seems good but doesn't fit into the perfect human ideal of becoming like god
real good
actual goods that fit into the perfect human ideal of becoming like god
deontological theory
duty based ethics
primary precepts
P-preservation of life
O-ordered society
W-worship god
E-education
R-reproduction of species
secondary precepts
derived from primary precepts , e.g. do not abort , no homophobia
strengths of primary + secondary precepts
flexible , allows secondary precepts to vary according to culture
double effect , solves problems of conflicting secondary precepts
human dignity:values human life
reliable:gives rules for society to follow
weaknesses of primary+secondary precepts
god-requires belief in god as it is a god given-purpose
outcomes-allows immoral outcomes e.g. spread of aids because of contraception
outdated-enforces traditional views e.g. on homophobia
doctrine of double effect
refers to situations where there is an intended outcome and another significant but unintended outcome
intentions important not consequences
interior acts
invention
exterior acts
the acts itself
the key precept: the syneresis rule
do good and avoid evil
reason directs us to do good and avoid evil
the key precept from which all other principles flow.
we must do that which is proper to our end
the telos/ultimate end
for aquinas something is good if it has fulfilled its end.
thought that god was the prime mover of the world that set things into motion
cicero
true law is right reason in agreement with nature, it is applied universally and is unchanging+everlasting
Karl Barth:
critic of natural law:
natural law relies too much on reason as human nature is too complex to be trusted. There is not enough consideration on the grace of god and revelation in the bible
G.E Moore
critic of natural law: goodness cannot be defined by nature aquinas commits a naturalist fallacy.
also you cannot derive an ought from an so secondary precepts cannot be derived from primary
Peter Vardy
critic of natural law:
the way aquinas works from general principles to lesser purposes and his view on human nature is too simplistic
kai nielsen
critic of natural law:
there is no single human nature common to all societes.
cultural relativism challenges a common natural law , people have changeable natures e.g. sexuality and so more complex then aquinas thought.
strengths of natural law
universal
gives a concrete reason to be moral
gives guidance on day to day questions
flexible enough to accommodate different cultures because secondary precepts are reasoned by society
weaknesses of natural law
people have different or changeable natures
relies heavily on reason
aquinas' law could be based on an incorrect view of human life
questionable whether there is a single one size fits all human nature whether day to day rules can be derived from fundamen
summa theology aquinas
human beings have the ability to using their will and reason to make deliberate choices
Who is proportionalism associated with?
Richard McCormick & Bernard Hoose
Which part of NL does proportionalism use?
It's framework but doesn't rely on the absolute fixed principles if the greater good can be served
Proportionalism can be compared to ...
Situation Ethics
What does proportionalism allow for?
Ontic goods
What are ontic goods?
Qualities such as dignity, integrity and justice which are non-moral in themselves but desirable when making a moral decision
Aquinas teaching allows for proportionalism to a certain extent. What is an example of proportionlism?
Accepting a homeless person would steal to live and defeat hunger as opposed to dying
What could a proportionalist argue about Aquinas NL?
That it fails to recognize the holistic nature of a person because it makes a distinction between the body and the rather than recognizing humans are a psychological unity that combines reason and nature
What could a proportionalist argue to aim for?
A theology of compromise that recognizes we live in a fallen world where humans aim for moral compromises not moral perfections
In regards to ML, what does proportionalism seem like?
A more compassionate version of strict NL- it allows for individuals circumstance to be taken into account
What does proportionalism uphold?
That humans shouldn't suffer not due to NL, but due the permission of non-moral evils because they sometimes bring greater good
What is the overall aim for proportionalism?
To aim for the proportionate good and evil
What does proportionalism allow?
For Nl to change because it's impossible to identify laws which are eternally valid
What is a weakness of proportionalism?
It could allow too much freedom in deciding whats proportionally good and evil. It could disregard the authoritarian moral codes set down by the Roman Catholic Church
What is another weakness of proportionalism? HINT: Bentham
It could be utilitarianism disguised - takes the greatest good and the outcome of an action into account rather than it's intrinsic worth and moral motives
Who is John Finnis?
- Australian legal scholar
- born: 1940
- published: 'Natural Law and Natural Rights'
What did Finnis seek?
A universal basis for law which could be the foundation of international law and a basis for judging laws
What did Finnis believe?
#NAME?
What is theoretical reasoning? (fin)
- Science, logic, fact
- if 2 statements contradict, at least 1 must be false
- used to work out 'what is the case?'
What is practical reasoning? (fin)
- morality
- 2 contradictory statements can both be morally correct so humans choose with their free will
- used to work out 'what is the good to be pursued?'
- allows us to work out right and wrong
How does Hume's criticism relate to Finnis' theory?
- Finnis agreed that you can't get values from facts
- Finnis denies that Aquinas and Aristotle are guilty of getting values from facts
- Finnis says that the principles of Natural Law are self-evident and indemonstrable
Why are basic goods desired? (fin)
They are intrinsically good
What are the 7 basic goods? (fin)
Life, Knowledge, Friendship and sociability, Play/skilled performance, Aesthetic experience, Practical reasonableness, Religion
Why are the basic goods obvious and self-evidently good? (fin)
- we presuppose them in everything we think and do
- they are indemonstrable
- they can't be verified by looking at them
denying them would be unreasonableness
Can the basic goods be reduced?
NO
they are in their most reduced form
Why did Natural Law suffer as a theory in the 20th century?
#NAME?
Why is practical reasonableness important?
All basic goods are worth pursuing
When do people exercise practical reason?
When making moral decisions in seeking out the basic goods
What are the 9 principles of practical reasonableness?
1. We need skill and commitment to realize all the basic goods
2. We must have a coherent life plan with our aims and attitudes in harmony
3. We must commit to all the basic goods
4. We should not show arbitrary preference to people
5. We should act with
What is the first moral principle?
The idea that we act for the good of the community as a whole and not just as an individual
What is the common good?
the situation where each member of the community can effectively pursue the basic good for themselves
Why must goods be extended for the benefit of others?
#NAME?
Why is friendship/sociability an objective good?
It leads to concern for others and beyond an exclusive concern with ourselves
What does the phrase 'coordinative authority' mean?
Acts need to be performed by the whole community not just specific people to achieve the common good
Who do the 7 goods and 9 principles apply to?
Everyone
What should be done to make specific decisions?
Think reasonably in accordance with the 9 principles to decide how to participate in the basic goods
Is there a single correct act?
NO
although some acts are wrong because they don't participate in a basic good, there is no single correct act
DO the goods and principles determine everyday choices or big decisions?
NO
they only specify overarching structure and goals
Who recognizes the value of the basic goods?
Everyone old enough to reason
Can goods be understood without the use of theoretical reasoning?
Yes
O'Connel - ontic goods and discovering them (Hoose)
We discover it by balancing the various 'good' and 'evils' that are part of the situation and by trying to achieve the greatest proportion of goods to evils.
Curran - we know we cannot control the nature, so we would submit to what it would have to say (Hoose)
before modern times people knew that they could not control nature
Curran - we would reason based on our nature (Hoose)
Reason then became identified with the order of nature.
Aquinas - admitting that one would not be able to live by absolute rules (Hoose)
The more you descend into the details the more it appears how general the rule admits to exceptions, to that you have to hedge it with caution and qualification.
Finnis - role of natural law in society in general
A Theory of Natural Law claims to be able to identify conditions and principles of practical right mindedness, of good and proper order among persons, and in individual conduct.
Aquinas' First Term
God is author of nature
Aquinas' Second Term
reason comes from humanity
Aquinas' Third Term
Natural Law should take priority
Three
Revealed
Virtues
faith hope agape
4
Cardinal
Virtues
temperance, prudence, justice, courage/ foritude
By this everyone will know that you are my disciples, if you love one another
John - telling that if they love each other, will be recognised as his students
God is love. Whoever lives in love lives in God
Jesus in John's Gospel,whoever lives in God lives in love.
Finnis need for authority premises
1) I ought to pursue the the basic goods.
2) Society needs to coordinate in order to achieve its basic goods.
3) the law is an effective way of coordinating society
4) I ought to obey the law
Hoose on proportionalism
it is never right to go against a basic principle, unless there is a proportionate reason to justify it.