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Philosophy And Ethics > Natural Law > Flashcards

Natural Law Flashcards

1
Q

what is the attractiveness of natural law

A
  • it is believed to be universal, prescriptive, consistent, rational and social
  • it exists in religious and non religious forms
  • is the basis of many forms of Christian ethics especially Roman Catholicism
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2
Q

why is cognitive language important

A
  • because natural law ethicists argue acts are intrinsically right or wrong meaning the consequences do not matter
  • they believe that ethical statements are objective and cognitive - we are therefore speaking about facts that can be supported through argument - natural law ethicists believe that they can talk meaningfully about right or wrong and other people will understand what they mean
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3
Q

what is telos in relation to Aquinas and Aristotle

A
  • non religious form of natural law developed by Aristotle, adapted theologically by Aquinas
  • Aristotle argued that everything in the universe including us has a purpose - part of growing up is learning what our purpose is
  • Aquinas argued that as all things are created with a distinctive telos, when a person achieves their purpose they can be said to be in a state of eudaimonia or flourishing. As God is the efficient cause of nature (Genesis) the purpose of human existence is to live according to God’s purpose in nature by doing good and avoiding evil
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4
Q

what is eternal law

A

Aquinas describes this as the law that orders everything in the universe
the way the universe functions comes from the will and wisdom of the divinity
the idea of order and purpose in the universe is also used by Aquinas in his teleological argument

  • mind of God - rational plan by which creation is ordered
  • can only be partially known to us as mind of God
  • access knowledge of it (what is right or wrong) through creation (window to God)
  • humans have freedom/reason to actively participate in it
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5
Q

what is divine law

A

eternal law comes from observing the way God has ordered the universe and then applying reason to what can be observed
divine law instead comes through divine revelation which for Aquinas would be found in scripture or Church teachings

  • laws instructed in OT and NT
  • necessary to teach us with certainty about matters because we often fail in concluding right from wrong through the use of our reason
  • but laws knowable through reason alone
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6
Q

what is natural law

A
  • here Aquinas brings together two concepts and a divinity
  • he joins practical wisdom and reason from Aristotle’s teachings suggesting that together they make up natural law
  • he goes on to argue that natural law comes from God which allows him to say that the foundation of ethics come from God
  • God’s creation reveals part of eternal law as it fulfils the purpose for which it was intended
  • the rational creature’s participation of the eternal law
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7
Q

what is human law

A
  • Aquinas defines human laws as particular determinations of natural law devised by human reason
  • applying natural law and reason to human legal questions gives us human laws
  • some have used mathematical comparison along the lines that complex maths equations depend on the fundamentals of maths as human laws depend on natural law and reason
  • human reason means we desire to live an ordered society so we make laws using our reason
  • if these laws are reasoned properly they would be in keeping with natural law (what is intended)
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8
Q

what is the key precept

A

do good, avoid evil

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9
Q

what are the primary precepts

A
  • Aquinas agreed with Cicero’s notion that ‘true law is right reason in agreement with nature’
  • reason is therefore able to reject those desires that are not part of God-given human nature
  • human reason discerns five primary precepts:
  • preserve life
  • live in ordered societies
  • worship God
  • educate the young
  • reproduce
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10
Q

what are the secondary precepts

A
  • each society is able to develop them from the primary precepts
  • marriage is derived from the primary precept of reproduction, need to educate the young and establish and ordered society e.g.
  • however, for Christians marriage is reinforced through God’s revealed law, the Bible.
  • any rule that helps mankind live up to the primary precepts
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11
Q

what is subjectivity in moral law

A
  • Aquinas says that even in the objective moral system of natural laws subjectivity is necessary
  • every act requires the right intention (internal law) as well as compliance with the law itself (external law) and sometimes in the absence of clear guidance this will depend on conscience and developing a good character (the virtues)
  • example of subjectivity in natural law: doctrine of doubt effect which states an action is good if the primary intention is good even if there is bad indirect consequences providing this is not disproportionately evil compared with the good end
  • so giving a dying woman pain relief (good end) even though this might shorten her life (unwilled indirect result) is permissible
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12
Q

what are the weaknesses of natural law

A
  • not been able to determine what is meant by nature or natural - it should be clear that nature does not mean what happens in nature or among animals as their purposes are different from humans
  • many things have multiple purposes - is sex for procreation, love or pleasure and do all three have to be fulfilled at the same time or can they be separated
  • many accuse natural law and the doctrine of double effect as casuistry - used negatively to mean the clever use of arguments to get around a legal problem
  • utilitarian’s consider the doctrine of double effect to be a confused form of consequentialism
  • all forms of natural law suffer from the naturalistic fallacy - the idea that ethical statements can be derived from facts
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13
Q

why is natural law deontological

A

it is ethics focused on the intrinsic rightness and wrongness of actions

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14
Q

define natural law briefly

A

a deontological theory based on behaviour that is in keeping with given laws or moral rules (e.g. given by God) that exist independently of human societies and systems

  • absolutist but not rooted in duty or in an externally imposed law but in our human nature and search for genuine happiness
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15
Q

define eudaimonia

A

living well, as an ultimate end in life which all other actions should lead towards
happiness we feel from living a good life and doing the right thing

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16
Q

what is it worth noting in natural law

A
  • not just about doing what comes naturally - it is based on nature interpreted by human reason
  • it is not always straight forwards and there is some flexibility in its application
17
Q

what did Aristotle believe

A

knowing what is right and wrong begins by working out, through the use of reason, what is one’s essential nature and goal and then acts in order to achieve this

  • empiricist
  • nature been organised in such a way that all things have a telos or final cause
  • aim of life is to fulfil that purpose or essence
18
Q

what did Cicero believe

A
  • stoic - God is everywhere and in everyone and so humans have within them a divine spark which helps them find out how to live according to the will of God
  • “true law is right reason in agreement with nature… it is of universal application… one eternal and unchangeable law will be valid for all nations and for all times and there will be one master and ruler, that is God”
19
Q

what is Cicero’s idea of the divine spark for Aquinas

A

God given reason that helps you work out what is wrong and right

20
Q

how did Aquinas fuse his faith in God with Aristotle’s philosophy

A
  • Aristotle promoted virtues as a means to being good, Aquinas did too but added faith and charity - if a person has good characteristics they’ll make good choices
  • Aristotle believed ultimate aim was eudaimonia - only possible by living a virtuous life
  • Aquinas thought goal of human existence is happiness but its achieved through union and eternal fellowship with God - specifically by the beatific vision
  • both believe uncaused cause but Aquinas calls it God
  • Aquinas uses Aristotle’s belief in the causes to explain what is good
  • once the process and telos for something is determined, this is the morally right thing to do as it is what is naturally intended
  • Aquinas - nature ordered by God so if used for that purpose then it is right or good if not unnatural so bad
21
Q

what is the beatific vision

A
  • an event in which a person experiences perfect, unending happiness by comprehending the very essence of God
  • occurs after death
  • is a gift from God given to those who have experienced salvation and redemption through Christ while living on earth
  • by living in a way according to our purpose it is possible to achieve perfection but only in the afterlife.
22
Q

what does Aquinas believe about scripture

A

you don’t need scripture but it is helpful: Christians believe to an extent God created it/reveals his truths in it - it is a safety net to back up your reason

23
Q

what has God willed

A

that man has a natural inclination to do good and has a rational capacity to work out what is right and good hence we have reason and freedom/free will

24
Q

why did Aquinas see reason as so important within natural law

A

we are all endowed with capacity to reason, so can all access eternal law of God by distinguishing purposes and so can be moral

  • god made us all
  • made us all with practical reason
  • so we can all know what is good
  • so we should all do what is good

“to disparage the dictate of reason is the equivalent to condemning the command of God”

25
Q

why would we all be happy if we did good

A
  • because we possess reason we are naturally inclined to do good and we would be happy because we would be acting in accordance with out nature
  • this is very optimistic thought
  • Augustine thought Adam and Eve made us inclined to sin
26
Q

what does not using your reason or allowing it to be blinded by evil or strong emotion lead to

A

sin - a deliberate wrong action against God

27
Q

what did Aquinas believe misguided reason could lead to

A
  • mistaking apparent good for real good
  • real good are from God
  • apparent goods - when we follow the wrong path believing it to be good - are not from God
  • in seeking happiness we may follow an apparent good which will not lead to true happiness with God
  • correct use of reason can avoid this
28
Q

what are interior and exterior acts

A
  • Aquinas stressed the need to to the right thing for the right reason
  • giving money for charity (exterior) could be so you look good and receive praise (bad interior act)
  • both interior and exterior should be good
  • intention
29
Q

what does Aquinas believe we are naturally inclined to

A
  • goodness because we are born with capacity to reason which leads us to know right from wrong if used correctly
30
Q

why for a deontological and absolutist theory is natural law open to so much interpretation and flexibility

A
  • because the secondary precepts require experience, the use of reason and the exercise of wisdom
  • e.g. a secondary precept of preservation of life could forbid the use of IVF as a means for reproduction as it involves the destruction of embryos
31
Q

what is the principle of double effect

A
  • a set of ethical criteria that we can use to evaluate whether or not one is allowed to act in such a way as to cause an effect one would normally be obliged to avoid because your intention is legitimate
  • requires us to consider intent and consequence - an important part of moral life
32
Q

give an example of double effect

A

given a patient pain relief that will shorten their life

33
Q

what four conditions does natural law require with relations to the principle of double effect

A
  • the act must not be evil in itself - killing not intrinsically evil in the way murder always is
  • the evil and good that results must be equal, preferably good outweighs evil
  • intention of the person performing the act must be good
  • a proportionately serious reason must be present to justify allowing the indirect bad effect
34
Q

why does Aquinas insist on proportion

A
  • as a general rule people should not perform acts which are in any way harmful
  • circumstances have to be serious before we do something with bad side effects
35
Q

how is the principle of double effect frequently citied in cases of pregnancy and abortion

A
  • a doctor who believes abortion is always morally wrong maybe still remove the uterus of a pregnant woman knowing the procedure will cause the death of the foetus in order to save the woman’s life
  • ectopic pregnancy
  • intended effect is to save the woman’s life, not performing the procedure would result in the greater evil of the death of the mother and the foetus
36
Q

what are the possible strengths of natural law

A
  • the way it is applied can be varied and wide - it allows for the consideration of different circumstances
  • some see natural law as offering clarity and consistency in its answers
  • offers a way of looking at the world which is absolute and applies to all times and cultures - the idea of it appeals to many
  • combines religious ideas with reason allowing people to exercise some autonomy in decisions about right and wrong
  • it is easy to use to work out what is right or wrong
37
Q

what are the possible weaknesses of natural law

A
  • it can be applied in a varied and wide way which means it may not always be clear what to do in a moral dilemma
  • Aquinas’ version of natural law presupposes a belief in God which not everyone has
  • our understanding of what is natural is not always accurate/unchanging - homosexuality was in the past seen as unnatural but more people in the modern western world see it as natural
  • sometimes it may seem overly legalistic and unsympathetic to particular circumstances
  • the world has changes lots since Aquinas so some applications of natural law may seem inappropriate today - e.g. the use of artificial methods of contraception causes controversy - it might be seen to go against the precept of reproduction but avoiding it can lead to unwanted pregnancy or the spread of STD’s

Philosophy And Ethics (16 decks)

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