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Morality and Natural Law

Kate Fuller English

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Morality and Natural Law

  1. Aqinas

    • Catholic/Summa Theologica
    • 1. Eternal Law
      • Unchangeable and eternal
      • Practcal reason enables us to access this
        • Thus, human law is linked to higher orders
    • 3. Natural Law
      • Natural law is the participation of rational creatures in eternal law through practical reason
    • 4. Human Law
      • Determinations made by human reason
      • Needs to accord with society's common good
    • 2. Divine Law
      • Comes from scripture and bible
    • A law that doesn't accord with God's law is not law, and there is a positive obligation not to follow it.
  2. Finnis

    • Tried to modernise natural law by taking religion out of it (at least explicitly)
    • 7 fomrs of human flourishing
      • Practical Reasonableness
        • No preference among the values
        • Cannot overlook any of them
      • These are all self evident
    • Law brings clarity and predictability to human interactions
    • Rule of law
    • Law presupposes society, justice and morality
    • Unlike other natural law theorists, Finniis says you have to obey the law even when it's crap
  3. Fuller

    • No higher order. Law is bound by inner morality
    • Eight things to which good law should strive for
      • If it doesn't comply with any one of these things, then it's not law.
      • his noramlly means that a law is moral
    • Nazi law was not good because it was immoral
    • Procedural natural law
      • Not concerned with the substantive morality of law
    • Focuses on the system. If the system is flawed, then it's not a legal system at all
    • Illustrates his point through a fictional king, Rex, who doesn't follow the rules
    • Hart/Fuller debate
      • Hart concedes that moral questions can be relevant to law
      • Law can be evil, but then you don't have to obey it. It just isn't law then.
  4. Kant

    • Lex tallionis
      • Eye for an eye
      • Proportional
      • Look at the individual and the circumstnaces
      • Punishment is about restorying the equilibrium
      • WE consent to retriutive justice through our participation in the social contract
    • Justice is deontological
      • Right or wrong is contained only within the act itself
    • Rejects Bentham's utilitarianism

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Description
Mind Map on Morality and Natural Law, created by Kate Fuller on 19/06/2013.
Created by
Kate Fuller · Jun 2013
Updated
Feb 3, 2018
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