Natural Law

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Natural Law

Suggests there's order to universe and that all things are better when they act according to this order or purpose

Aristotle's Idea of Telos

Aristotle

Believed that universe and everything within it had telos (a purpose or aim)

Telos is final cause

Humans and actions have telos

Eudaimonia is flourishing and living well, ultimate end that all actions should lead towards

For Aristotle, Eudaimonia requires full human life where we not only experience pleasure but participate in society and develop academically

The Stoics

Stoicism viewed world as ordered place arranged by nature or gods in best way

Stoics believed we had divine spark within us that enabled us to reason and understand universe

Path to human happiness was to accept natural order of things and live according to nature’s rules

What does Aquinas draw from these ancient philosophers?

Telos – idea that humans have purpose or end

Reason – world is ordered and rational, God has given capacity to understand it

Nature – we have human nature and its important to do what’s ‘natural’

Aquinas' 4 Tiers of Law

Eternal Law

Known in mind of God - it's his knowledge of what's right and wrong

God has given ability to use reason so we may be able imperfectly to work out some application to human life

Divine Law

Refers to law revealed by God through commands and teachings through revelation

Aquinas believes law is rational rather than revealed

He believes these laws revealed by God are reasonable

Natural Law

Moral thinking that we're all able to do whether or not we've had divine revelation of scripture.

All humans have capacity to consider and work out moral rules necessary for achieving our purpose

Human Law

Are customs and practices of society

Devised by governments and by societies

Should be based on what we reason from natural law

Aquinas argues that laws only just if they are based on divine law and natural law

Aquinas' Primary & Secondary Precepts

Main moral precept or purpose for Aquinas is to do good and avoid evil'

Synderesis - inner principle directing towards good and away from evil

Primary Precepts

Preservation of life: Aquinas argues we need to preserve life. It's natural and reasonable for us for person to be concerned with preserving own being and preserving human life

To reproduce: rational to ensure life continues and this is main purpose of sexual intercourse

To learn: humans are intellectual creatures and it natural for us to learn

To live in ordered society: good to live in ordered society where possible to fulfil our purpose

Worship God: to recognise God as source of life and live in way that pleases Him

Fulfilling these precepts means we're fulfilling our telos

Secondary Precepts

Primary precepts aren't specific, they're general statements out what's good for humans

Secondary precepts are more specific rules that can be deduced from primary precepts

E.g. preservation of life is primary precept can deduce killing human is wrong

For Aquinas, secondary precepts are possible applications rather than hard rules

Applying Natural Law & Doctrine of Double Effect

Sexual ethics:

Aquinas argues there's real and apparent goods.

When person does something morally wrong, it's because they're doing apparent good.

Aquinas suggests moral mistakes are reasoning errors

Antigone

It's rational system of decision making

Aquinas believes there are are intellectual virtues such as prudence

We can develop and improve moral reasoning

Euthanasia

Doctrine of double effect

Some actions are complex and produce several effects, good and bad

Effect intended is important

Abortion

Abortion would go against principle of sanity of life

Natural law prioritises sanity of life

Utilitarianism or situation ethics weighs up pros and cons of intervention

Natural law upholds value of all life

Assessing Idea of Telos

Strengths of Natural Law

Offers clarity and firm moral principles

Primary precepts agreed upon desirable good in human life

It's not rigid

Secondary precepts to be reasoned within context of society and some flexibility based on time and place

Values life and rights. Hugo Grotius develops idea that certain 'rights' for individuals are evident when looking at nature

Consequentialism - idea that right and wrong are based on outcome or consequence of action

Issues with Idea of Telos

Natural law may be wrong to assume there's universal telos for human beings

Telos is natural. If natural means in accordance with our nature, gay person may be right to claim homosexuality is natural to them

Natural law commits to naturalistic fallacy

Naturalistic fallacy idea that it's mistake to define moral terms with reference to other non-moral or natural terms

Guilty of observing what commonly happens in nature and then arguing this is what must happen

Biggest issue with idea of telos is that there may not be telos at all

Existentialism - school of philosophy begins with human existence rather than human essence, argues humans are free and don't have fixed nature

Jean Paul argues there's no ultimate purpose to human life

Telos linked to idea of greater God. if no God, there can't be no telos

Assessing Natural Law

Discussing Natural lAW

May be seen to be little outdated

More legalistic interpretation such as homosexuality and contraception which both prevent reproduction

Developing Arguments on Natural Law

Possible strengths of Natural Law

Claims has best of both world and offers clear and fixed principles as seen in primary precepts. Flexibility with how principles applied to different circumstances when secondary precepts formed

Allows flexibility by allowing good and bad effects provided good one intended

Reliance on reasoning. Treats humans as mature people who're able to be rational and reflect on moral problems

Natural law doesn't require belief in God. Laws themselves are obvious to reason and can be worked out without God

Responses

Tension between idea that natural law is 'universal in its precepts'

difficulty in judging intention of person. The person may be acting

Relying on reason means thinkers have worried that relying on reason means role of Scriptures is reduced

Difficult to accept this for Aquinas version where one of precepts is to worship God and there's reliance on Divine law

Going Further: Hugo Grotius and John Finnis

Hugo Grotius argued natural law would still apply even if weren't God

Believed in God and thought nature to be God's creation

John Finnis believes things such as life, knowledge, work, experience, religion, etc are 'basic forms of human flourishing'