natrual law

Question 1

key aspects

Answer 1

• telos
• beatific vision
• four tiers of law
• synderesis
• teleological
• primary precepts
• secondary precepts
• real and apparent goods
• double effect
• catholic manualists

Question 2

telos

Answer 2

• natural law originates from aristotle
• aristotle - distinctive feature of human beings is their ability to reason (to work towards their telos)
• aquinas takes up aristotle’s idea that the telos of human life is to achieve eudaimonia
• telos for humanity as a whole has an ultimate focus. complete happiness can only be seen in the beatific vision

Question 3

four tiers of law

Answer 3

• eternal - universal absolutes, made by god
• divine - commandments given in god’s revelation
• natural - discovered through human reason
• human - laws humans make that cannot contradict divine law.

Question 4

synderesis

Answer 4

• humans naturally inclined to seek good and avoid evil
• all other precepts of natural law are based on this

Question 5

3 primary precepts

Answer 5

split into 5
1. worship god
2. ordered society
3. reproduction
4. learning and education
5. death (prevent it)
BUT aquinas wasnt giving a definitive list, this listing was done by later catholic manualists.
and Aquinas also said ‘and so forth’ to assert that his understanding wasn’t set in stone.

Question 6

secondary precepts

Answer 6

• derived from primary precepts, apply reason to find them out, and give us direction.
• abortion
• masturbation
• euthanasia
• contraception
• polygamy (not against natural law as the man should be able to give reproduction to each wife BUT against divine law = Ephisians 5:21 (submit to husbands)
• catholic church takes law literally but Aquinas intended it as a “principle”

Question 7

real and apparent goods

Answer 7

• we can be confused about the difference.
  eg adultery is a short term pleasure v long term betrayal
• vincible and invincible ignorance asw

Question 8

double effect

Answer 8

provide a moral framework for evaluating actions that have both a good and a bad effect, ensuring the action is permissible if it meets conditions
1) the action itself is morally good or neutral
2) the agent intends only the good effect, not the bad
3) the good effect is not produced by means of the bad effect
4) the good effect disproportionately outweighs in importance the bad effect

Question 9

problems with double effect 4

s, c, jj, mc

Answer 9

1. suicide is forbidden. case: a soldier throws himself on grenade, to save his comrades. but double effect would require him not to intend to sacrifice his life as intending own death is bad
2. consequentialist ethics generally argues that any act should be judged on its results. eg tortuting sally to discover the whereabouts of a nuclear bomb. BUT ALSO at what point is torture permissible, to save how many?
3. Judith Jarvis Thomson argues in her 1985 Ethics article that the principle of double effect doesn’t justify bombing a military target when civilians will predictably die, because the harm to innocent people outweighs the excuse of only intending to hit the target. She believes focusing on intent ignores the moral responsibility for known harm, making the principle weak for tough ethical choices like those in war.
4. Alison McIntyre (Philosophy and Phenomenological Research, 2001): double effect’s emphasis on the agent’s intention is inherently subjective and difficult to verify, as agents can rationalize harmful actions by claiming they only intended the good effect, leading to potential misuse where intent is ambiguous.

Question 10

casuistry and manualist

Answer 10

applying laws with reason= criticism of those who are too concerned with rules and not enough with justice.

the catholic church has given great emphasis to rules and less orthopraxy = MANUALIST

Question 10

matthew 6:2 - intentions

Answer 10

So when you give to the needy, do not sound a trumpet before you

Question 11

aristotle quote

Answer 11

“nature makes nothing without a purpose”

Question 12

Louis Pojman

Answer 12

developed principle of double effect

notes that Aquinas’ position is absolutist. “humanity has an essentially rational nature, and reason can discover the right action in every situation”

Question 13

cases

Answer 13

• killing in self defence allowable
• soldier throws himself on grenade ?
• torturing sally for nuclear whereabouts

Question 14

strengths of natural law x4

Answer 14

+ absolutist, provide clarity and firm moral principles
+ the secondary precepts are intended to be reasoned within the context of a society = flexibility
+ primary precepts are general consensus on desirable goods in human life.
+ values life and rights. Grotius says that human rights are evident when looking at nature.

Question 15

weaknesses of natural law x3 gen

na, lae, outd

Answer 15

• naturalistic fallacy, guilty of observing nature then making the leap to say this is what should happen
  = bring in Hume is/ought gap
• focus on lae and rules are overly legalistic
  = but counter that is manualists, Aq said “principles” and “and so forth”
• natural law is outdates. society has moved onto modern attitudes to homosexuality, contraception etc

Question 16

weakness of telos x2

Answer 16

• wrong to assume there is a purpose to all of us, it would be more obvious surely as reason alone does not always work in dilemmas
• existentialists critique that there may not be a telos at all. (ex = human existence rather than essence - humans are free and dont have a fixed nature)

Question 17

more arguments to give and counter x3

bbw, r,nr

Answer 17

+ offers best of both worlds where firm primary precepts but flexible when applying secondary precepts.
BUT - there is tension between the idea that natural law is “universal in its precepts” and “application of the natural law varies greatly” (CATECHISM 1956-7)

+Reliance on reason makes it fairly rational.
BUT - some think eg calvin that it reduces the role of scripture. also augustine thinks we have lost rational facilities in the fall

+ natural law defends natural rights
BUT Bentham says natural rights are “nonsense on stilts”

Question 18

books aquinas, aristotle, catholics

Answer 18

aquinas - summa theologica
aristotle - Physics II 3
catechism of the catholic church 1956-7

Question 19

Rachels criticism

Answer 19

just because sex means reproduction, doesn’t mean this is its only purpose

Question 20

John Finnis x2

Answer 20

it upholds natural rights

also proves it is adaptable as although he rejects god, he puts forth a version without god

Question 21

Polkinghorne

Answer 21

science can answer the what but not the why = cannot rule anything out

Question 22

jeremiah 29:13

Answer 22

“the plans and the purposes that god has for human beings” = TELOS

Question 23

francis bacon

Answer 23

only the material and the efficient causes are scientific, formal and final are not

Question 24

sean carol

Answer 24

purpose is not built into the "architecture" of the universe

Question 25

synderesis dawkins

Answer 25

- synderesis weak to dawkins and freud. also weak to rahner and augustine

Question 26

secondary precepts - pope pious criticism

Answer 26

- unclear conclusions and ambiguity - use example of Pope Paul VI's encyclical which argued that obedience to natural law meant contraception shouldn't be used. BUT could be argued that birth control means the child would be cared for and wouldnt lead to over-population

Question 27

calvin on natural law (and barth

Answer 27

- calvin said that scripture is the word of god so that is all you should follow. and barth - "the finite has no capacity for the infinite" links to the fall, shouldnt have human or natural

Question 28

hobbes and karl barth

Answer 28

barth - human nature is fallen Hobbes - "men would have the whole earth if they could" = NO SYNDERESIS

Question 29

sartre critique

Answer 29

no telos as existence precedes essence = we exist 1st then choose purpose

Question 30

fletcher critique

Answer 30

wanted more relativism and more focus on agape rather than legalism