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Aquinas and Natural Law

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Terms in this set (78)

Natural law is deontological, what does this mean?
It has an absolute system of rules based on actions and duties
Natural Law is most commonly associated with...?
Thomas Aquinas
Natural Law has been adopted by which religion?
Catholicism
Why can it be argued that Natural Law isn't associated with a religion?
The theory itself predates Christianity and has no reference to teachings revealed by God
What quote by Roman jurist Cicero shows how separate Natural Law is from religion?
'It is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by it's prohibitions'
What did Cicero say God did to the theory of Natural Law?
God promulgated the idea that natural law lays out
Natural law appeals to what sense?
The human sense that certain things can clearly be known by anyone to be wrong - because as rational creatures we can recognise certain things are right or wrong e.g incest
What do natural law theorists claim?
That by the use of reason alone we know that factors such as
- Theft
- Murder
- Torture
- Rape
And so on are damaging for human flourishing and are therefore bad for human happiness
What is a deontological theory?
Any ethical theory that argues that the goodness of an action lies in itself, regardless of the consequences
What is a teleological theory?
Any ethical theory that argues that the goodness of an action is determined by whether it has good consequences
What are Aquinas' four tiers of law?
EDNH
- Eternal law
- Divine law
- Natural law
- Human law
What is the definition of Eternal Law?
God's will for how the universe is to be. God could have made the universe differently but willed that it and its occupants are of this type
Eternal law should not be confused with?
Divine command theory or the ten commandments
What is divine command theory?
A meta-ethical theory which proposes that good actions are commanded by God, for example the way the 10 commandments order us to tell the truth and declare that lying is bad
For Aquinas, what do the ten commandments reveal?
That which can be known by human reason, which means adultery is not wrong because the commandments say so, it's wrong because we can see the lasting effects it has
Eternal law can be best interpreted as...?
The principles by which God created and controls the universe
- Because God is omnipotent he could have willed humans to be immortal, but he didn't - so we have no idea why God wills some things certain ways
Although humans cannot fully understand eternal law, it does not mean that...?
They cannot work out, through reason, it's meaning in human life
What is the definition of Divine Law?
That which is revealed by God, such as the ten commandments. For Aquinas, Divine Law teaches what our natural reason is capable of knowing. God helps us by codifying that which we could know through reason
Aquinas believes that moral requirements are...?
Knowable by human reason
When Jesus speaks of the law and revelations by God (e.g the 10 commandments), what is he doing?
Emphasising the spirit of the law / revelation rather than the precise adherence to the letter
For Aquinas, what does Divine Law do?
Makes clear and confirms that which we can know by reason as well as helping those trying to work out what reason teaches
Aquinas' position is often described as what?
Christian Humanism
- Because it makes the good of the person central in a way that can be understood by anyone whilst staying true to the Christian belief in the dignity of the person as a beloved child of God
The ten commandments and so on are just...?
Affirmations of what is knowable by reason
What is the definition of Natural Law?
'Right reason in accordance with human nature'. This can be worked out by considering what is good for human flourishing
Natural law is often linked to the summarised primary principle of?
'Do good and avoid evil'
Natural law emphasises the idea that God has willed man a...?
Natural inclination to do good, but also a rational capacity to work out what is right and proper to do
What is the definition of Human Law?
As humans are social animals, they need to make regulations for society to be orderly so that people can flourish. For Aquinas, human laws must not dictate anything contrary to Natural Law
What does Aquinas comment on the structured society created because of Human Law?
Although its beneficial to cooperate in a well structured society that allows us to flourish, Aquinas does not accept any notion of the divine right of kings who contradicts Natural Law
What quote conveys that if a regulation is contrary to Natural Law, then it loses its validity?
'Human law has the quality of law insofar as it is according to right reason; and accordingly it is clear that it flows from an Eternal Law. Insofar as it deviates from reason, it is called an unjust law, and so it has the quality not of law but more of violence'
If a regulation coming from an authoritarian figure is contrary to Natural Law, Aquinas developed what to tackle it?
A theory of civil disobedience
What quote portrays Aquinas' theory of civil disobedience towards a contrary authoritarian ruler?
'Man is bound to obey secular rulers to the extent that the order of justice requires. Therefore if rulers have no just title to power, but have usurped it; or if they command unjust things, their subjects are not obliged to obey them, except perhaps in some cases in order to avoid scandal or danger'
Where was the idea of Natural Law originally found?
In Aristotle's 'Nicomachean Ethics'
What does Aquinas think of divine command theory and why?
He rejects it
- Divine command theory states God commands what is right but Aquinas would say rightness is knowable in itself, anyone who studies nature ought to determine what is right and wrong
Why is Natural law a version of virtue ethics?
Because it is tied very much to the virtues of human flourishing as seen through the primary precepts - and Aquinas and Aristotle both recognised the cultivating the virtues is essential to the good life
What is the definition of Situationalism?
The belief that any moral theory must take note of the facts in each case before being applied. This is not the same as relativism which believes that there are no absolute moral principles. Situationalism concerns the application of principles, not the principles themselves
What did both Aquinas and Aristotle believe about the universe?
That it's purposive, things on earth seek to achieve their goal / a.k.a their TELOS
Did Aristotle believe in life after death?
No
- Our earthly goal is to flourish in the community
What did Aquinas believe about life after death?
He believed we are only able to be what we fully should be (what God meant us to be) in the next life. To achieve that goal we need to live this life in faithful service of God, by the light of reason
According to Aquinas and Aristotle, what is the goal in life?
Flourishing, which leads to true happiness
For Aristotle, true happiness was to be understood as...?
Eudaemonia - a full flourishing of the human person and their abilities
For Aquinas, why is eudaemonia not sufficient enough?
Because, as a Christian, he sees happiness in the fullest sense as a union with God in the bliss of heavenly life. The desire to be with God is the centre of our natural destiny - therefore our goal is our heavenly home
What does Aquinas think of earthly life?
He believed it to be a foretaste of heavenly bliss, lacking the same permanence - although Aquinas does not regard earthly life is irrelevant because it matters that we live on earth using our reason to interpret topics such as politics and ethics
What are the two latin words meaning law?
- Ius
- Lex
What is the definition of Ius?
The principle of law rather than the exact wording of a given regulation
What is the definition of Lex?
Refers to a specific rule or regulation
In terms of Ius and Lex, what are theorists most commonly talking about? E.g Cicero and Aquinas
Ius / which we derive english words meaning justice
- Meaning the principle of the law opposed to the exact wording of a given regulation
What did philosopher Thomas Hobbes recognise about Natural Law in terms of how its understood?
It must always be understood as 'ius', not as a legalistic system of precise regulations
How does the Catholic church interpret 'ius' and 'lex'?
Following the manualist tradition, the Catholic Church has treated natural law as a set of rules and regulations focusing on some actions derived from 'lex'
What is the quote about the order of the primary precepts?
'The order of the precepts of the Natural Law is the order of our natural inclinations. For there is in man a primary and natural inclination to do good'
What are Aquinas' five primary precepts?
- Preservation of life
- Ordering of society
- Worship of God
- Education of children
- Reproduction
What was the difference Aquinas noted between human and animalistic nature?
Human nature is characterised by rationality, which informs what is right for humans
What becomes apparent in Aquinas' discussion of particular cases?
The need for intellect / the virtue of prudence or practical reason is emphasised
What is prudence?
Acting with or showing care and thought for the future
Why is prudence key within Natural Law?
Because although the general precepts of natural law are invariable, their application is not so we need to look at the results of our actions in a rational way
Prudence entails what 3 skills?
- Understanding
- Judgement
- Good deliberation
What quote of Aquinas' regards prudence specifically?
'Prudence entails not only consideration of the reason but also the application to action, which is the goal of practical reason
Why does Aquinas emphasise that reason does not end at the formulation of the general precepts?
Because we need to go much further when looking at the application of each precepts, doing so in a rational way. This is Natural La has to be understood situationally
Who specifically is linked to a modern development of Natural Law?
John Finnis
What is Finnis' theory of natural law based on?
Aristotelian principle and what Finnis calls 'basic forms of human flourishing'
What are some examples of Finnis' 'basic forms of human flourishing'?
- Life
- Knowledge
- Play
- Work
- Aesthetic experience
- Friendship
- Practical reasonableness
- Religion
Those examples of flourishing are supported by 'basic methodological requirements', such as...?
- Pursuit of goods
- A coherent plan of life
- No arbitrary preferences among values, detachment and commitment
- 'The limited relevance of consequences'
- Following one's conscience
From Finnis' goods and requirements, what can we derive?
A definition of justice in terms of the concrete requirement to promote the common good
What is defined as the common good?
When people realise their own basic values as well as other reasonable personal objectives
The notion of basic goods and methodology enables us to therefore do what?
Rule out many types of injustice
Certain absolute duties can be derived from the acts of flourishing, such as?
- Rights not to be tortured
- Not to have one's life taken as a means to another end
- Not to be lied to when factual information is proper and expected
- Not to be condemned on charges down to be false
What is the definition of the 'principle of double effect'?
An act may have more than one effect, and be known to have more than one. An example might be an action to save one person's life, which means harming someone else. What matters is intention. The aim of the act was not to harm the second person but the (good) intention of saving the first
What does Aquinas say about an action that may have more than one result?
- What is the motivation of the act?
- What does our reason tell us to do?
In terms of the principle of double effect, what do we need to consider?
Both intention and result of an action as an important part of moral life is making judgements about both intention and behaviour
In Natural Law, four conditions are normally required in the principle of double effect, what are they?
- The act must not be evil in itself. Killing is not intrinsically evil in the way murder is
- The evil and good that come from the act must be at least equal, and preferably the good must outweigh the evil
- The intention of the agent must be good. The agent must not want to bring about an evil result
- A proportionately serious reason must be present to justify allowing the indirect bad effect
What are the main objections to Natural Law?
- Vagueness
- Unclear conclusions
- An Un-Christian theory
- Acceptance
- A purposive universe
What is Natural Law seen as vague?
It does not enable us to be precisely certain about what to do in significant cases. If we are to say that life should be preserved, then what about the hard cases when it's hard to determine who's life should be saved specifically. Simply knowing the principle does not mean we will know what to do if that situation arises
What is it said that Natural Law creates unclear conclusions?
Natural law can be understood in different ways. Part of the purpose of human nature requires we use our intellect to determine what is best for human flourishing. If over population is damaging to the preservation of life then it would seem the precepts allow for birth control, however the precepts also state that we should reproduce which is contradicting itself and creating an ultimatum over which conclusion should be followed
Why can it be argued that Natural Law is an Un-Christian theory?
Many view the theory as unbiblical as many Non-Catholic thinkers such as Martin Luther, Richard Hooker and William Temple incorporated large elements of natural law into their moral teaching
What can it be argued that Natural Law isn't an accepted theory?
Because if it's true that it is 'right reason in accordance with nature' and therefore accessible to all, it would be expected for people to accept the teaching more widely. But the ambiguity of it's understanding of law leads many to doubt this, in particular the 'is - ought fallacy'
What is it argued that Natural Law relies on Aristotle's concept that the universe is purposive?
Aquinas focuses on the idea everything has a purpose and so does human nature, which is closely linked to that of Aristotle's which we have seen has major drawbacks
Aquinas said we aim to achieve eudaimonia...what is this?
Happiness / Flourishing
What are the four natural cardinal virtues Aquinas thought were discovered by reason?
- Prudence
- Temperance
- Fortitude
- Justice
What are other cardinal virtues identified by the Bible?
- Faith
- Hope
- Love
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