Natural Law

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Natural Law

  • Deontological
  • Universal &Unchangeable
  • Based on Aristotles Teachings

Aristotles Teleological View: Telos- from nature and is an efficent cause because it is anything that brings aout final. We as humans have to use our moral instinct and knowlegde is natural and we are instrinsically good.

Aquinas

  • Absolutist
  • Deontological
  • Eudaimonia a Telos of man
  • Knowing God is most distinctive human function and key to fulfilment
  • Human flourish happy life
  • God more perfect / fulfilling telos
  • Reason, discern moral principles to live by Rational Appetites
  • Natural appetiteis we share with animals
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4 Ideas of Law

4 ideas of Law

  • Eternal:designers plan
  • Divine :manual sent to us
  • Natural:what we observe
  • Human:what we write down

Synderesis

  • Aquinas starting point
  • Do good avoid evil
  • General teleological principal
  • A priori (knowledge based)
  • Reasonable
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Precepts

Primary Precepts:

  • Preservation of life, Reproduction, Education, Live ordered society, Worship God.

Secondary Precepts:

  • Preservation of Life- Self preservation, Do not murder/abort/commit suicide

Application of this; Sex is for reproduction therefore contraception is wrong however without contraception there can be the spread of STI's/HIV.

Aquinas- Link between happiness and virtuous behaviour

The Double Effect

  • intended outcome & another significant outcome leading to unintentional outcome
  • intentions important NOT consequences
  • allow action where unintended outcome devastating effects
  • e.g. pregnant mother life at risk so abortion would be allowed
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For and against NL

FOR:

  • Hughesà that it is through natural law in which humans are made distinct to everything else in the natural world i.e. animals

  • Summa Theologica à human beings have the ability to using their will and reason to make deliberate choices

  • Grotiusà the foundations of natural law would be valid even if there was no God

Against:

  • Moore – Naturalistic Fallacy

  • Kantians – erosion of individual freedom and rationality from following rules unquestioningly 

  • Utilitarians– many cases upholding a rule causes more pain than pleasure a natural law supportive of injustice
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