Natural Law
Natural Law:
Advocated by Thomas Aquinas
Main ethical principle around Aquinas’ time promoted the ‘Divine Command
Theory’
o Means that anything God says, goes
Humans have an innate power to understand Good and Evil – God has created
humans so that they can recognise morality in this way
o Nature decides what is right and wrong
o God made nature but nature works on its own, towards its telos
o Ethics come from nature and not God
Allowed Aquinas to combine science of nature (proposed by Aristotle) and God
Aristotle’s Theory of Natural Law:
Aristotle took a teleological approach – actions judged by the outcome of events
– telos
o Can be observed in nature – an acorn grows into an oak tree because of
its nature
Law and justice make a virtuous life and create a perfect community
Justice is ‘a state of mind that encourages man to perform just actions’
Four kinds of justice according to Aristotle:
o Natural – set by nature and is universal
o Conventional – set by individual communities – subject to change
o Distributive – allocating property to individuals on the basis of merit
o Corrective – rights any wrongdoing to a person
Telos and Eudaimonia:
Aquinas took influence from Aristotle – movement in nature is towards a telos
Agreed with by Aquinas – God created the world with the aim for everything to
comply with Natural Law in order to fulfil everything’s telos
Same for humans – humans move to their telos
o The telos of rational beings is the goodness of God through glorifying
God through the moral law
Refers to Aristotle’s concept of Eudaimonia, a bliss and eternal happiness
o Aquinas – this was only achieved after death
Humans could still pursue Eudaimonia by doing good and avoiding evil
(Synderesis Principle) – we get closer to it by acting morally according to Natural
Law
o Disobeying what is naturally good for us has the opposite effect
Argued we know what is good through human reason and consciousness –
reason unlocks moral knowledge for us – tells us how to live and act
The existence of telos:
Telos-based ethics are ultimately empirical
o Biological fact that certain behaviours cause an organism to flourish
o Empirically valid concept
Francis Bacon (father of empiricism) rejects final causation as unscientific
o Observation of atoms move in fields of force
o Sean Carroll (physicist) says purpose is not built into the architecture of
the universe
John Polkinghorne (Christian philosopher and physicist) – science is limited
thus we cannot answer all the questions
, o Cannot rule out something like God which provides a telos – science
cannot be used to dismiss the existence of purpose
Sartre – rejects the concept of telos – life in itself has no meaning
o Telos derives from psychological human desperation and a need for
purpose in life
o JP II in Mulieris Dignitatem – female telos is motherhood
Stephen Pinker – we are born with a tabula rasa (a blank slate)
Nietzsche – only human purpose is self-appointed
o Thus basing an ethical theory on a misfounded notion of purpose is
detrimental to the theory
Aquinas’ Four Tiers of Law:
Eternal Law
o Divine and rational model according to which God made the world
o Aquinas said the world was ruled by Divine Providence or “divine reason”
o Eternal law because God is eternal
Divine Law
o Derived from God
o From Holy Scripture or teaching e.g. the Bible
o Guides man to reach eternal happiness and to fulfil man’s “good
tendencies” such as having children and serving God
o Aquinas argued that man’s instinct is an inclination towards virtue
Natural Law
o The process in which a natural being participates in the Eternal Law
o Irrational beings (animals, plants) are judged according to eternal law but
cannot rationally participate in it
Human Law
o Moral obligation for man to create laws in accordance with divine reason
o Man-made laws can be fallible and morally unjust
o Aquinas argued in favour of “lex iniusta non est lex”, but following an
unjust law does “not bind in conscience
The Synderesis Principle:
Aquinas – “Good is to be done and pursued and evil avoided”
o We know this through our recta ratio (right of reason) of basic moral
principles
Though process behind moral decisions is called Synderesis
Technique used to work out the telos of an action is called casuistry
o When applying reason to this, it is known as Conscientia
Aquinas believed that one never purposefully or deliberately pursues evil
o Evil occurs through ‘Apparent’ and not ‘Real’ goods
Apparent Goods – appear good but in reality do not fit the perfect human ideal
o Reason why humans do things wrong and cause evil
Real Goods – supreme goodness
o Reason used correctly and fits in with the idea of telos/perfection
Thus is deontological
o Focuses on actions and intentions rather than outcomes
o If the actions (conscientia) and intentions (synderesis) are good, then real
good is met
Aquinas and human nature:
Possible Aquinas is too optimistic about it
Augustine – natural inclination to do wrong – stolen pear example
o ‘doing right’ in the modern world is linked to gaining wealth and material
accumulation
Counter – Aquinas argues that negative actions of humans are apparent goods
, o Short-term pleasures of material accumulation justifies the use of
sweatshops
o Weak argument – a Hobbesian view of human nature is more reasonable
Barth – natural theology places a dangerous overreliance on human reason –
finite minds cannot grasp God’s infinite being
o However – doesn’t address Tommy’s point that reason isn’t always
corrupted
Conclusion – it is dangerous to rely on human rationality – inclined to sin
through Adam’s choice
o Example of the Nazis – believed what they were doing was right – more
reasonable to align oneself with Biblical teaching
Primary and secondary precepts:
When we used reason – we notice basic rules that all humans are drawn toward
Precepts are built into nature
o These are understood using reason
In order for people to be able to concentrate on Natural Law, you need to live in
a civilised society
o This is where one is free and can survive and flourish
5 basic goods – primary precepts
o Life
o Reproduction
o Education
o Worshipping God
o Law and Order
Primary precepts are always true, and apply to everyone without exception
o They are a direct reflection of God’s Eternal Law
We derive secondary precepts from the primary precepts – using conscientia
o Secondary precepts are practical human interpretations of the primary
precepts that govern our daily behaviour
o E.g. the precepts say nothing about euthanasia, use reason to discern
Primary precepts are set in stone, secondary precepts vary
o This can be as a result of local laws, or accepted codes of behaviour within
families
Primary precept – Life
o Secondary precept – do not murder
Morality is an absolute given by God
Violating Natural Law
Why do people violate natural law even if we have reason that allows us to
understand morality
God is balancing Natural Law with Free Will – we are able to physically violate
the Natural Law through Free Will
Natural Law is broken due to emotion – humans are emotional beings and
cannot live by just reason alone – reason is overpowered by emotion
Doctrine of Double Effect
An action that is bad is always bad, but an action that is positive with an evil
consequence is sometimes permissible
Always wrong to do bad intentionally to bring about good
o Sometimes right to do good actions knowing it will bring about bad
consequences
Relies on four conditions being fulfilled
o Nature of the act – action must be morally good/indifferent
o Means-end – the bad effect mustn’t be the means of achieving the good
effect
, o Right intention – the intention must only be the good effect and the bad
effect must be an unintended side effect
o Proportionality – the good effect must be at least equivalent in importance
to the bad effect
Strengths:
Based on reason – technically open to any with the capability of reason
Focused on search for happiness and fulfilment
Children have an innate sense of what is right and wrong
o Proves that everyone has this God-given reason
Christian version unites faith with reason – unique for the modern world
Primary precepts provide an absolutist and legalistic framework
o Applies same principles to everyone
Much simpler to find answers to ethical dilemmas compared to a relativist
theory
o A lot more concrete than personal opinion
Secondary precepts allow for a bit more flexibility in this case
Proportionalism:
Double effect has been used by modern Catholics to allow euthanasia, abortion
to save the life of the mother, and contraception to prevent the spread of AIDS
B. Hoose – developed natural law into proportionalism
o It is reasonable to go against the primary precepts if you have a
proportionate reason for it
o Fletcher’s example of killing a baby to save the lives its family – more
value than disvalue
No part of an action can be morally bad, just the outcome of the action
o Ontic goods (factual goods like health, life and knowledge) vs ontic evils
o An action that is morally good produces more ontic good than evil
Criticism – just ends up like utilitarianism – removes the legalistic aspect of
Natural Law
Issues with Natural Law:
Casuistry – manipulating Natural Law in order to achieve what we believe will
result in the outcome of most good – feels more consequentialist rather than
absolutist
What good is Natural Law if you don’t believe in God – if we reject the concept
as a whole Natural Law collapses
o Counter: Aquinas believed God made is possible for all humans to
achieve their telos through reason alone
Sophistry – Natural Law sounds sophisticated and logically sound but is an
ultimately flawed argument
Naturalistic fallacy – criticism introduced by G.E. Moore
o Criticises the mistake of Natural Law reducing actions to purely good or
purely evil by describing things as desirable
o Connected to the is/ought problem – just because things are good, does it
necessarily mean that it should happen – can’t objectively describe
something as good
Not everyone has the same moral compass – problem with absolutist ethical
theories as a whole – people will have different ideas of what is good etc
Hans Kelsen – criticises Natural Law as it attempts to create an ‘idealist legal
doctrine’
o Absolutist, unchanging stance it takes on moral law does not help when
trying to decide how to tackle moral dilemmas in the modern day
Richard Dawkins – Argues that there is no God governing creation
o Everything can be explained in terms of evolution
Karl Barth – reason is fallible