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Natural Law- a deontological, absolutist theory which states the moral law…
Natural Law- a deontological, absolutist theory which states the moral law can be objectively known, with the use of reason being used to discern the right way to behave. Acting in accordance to our natural purpose as human beings.
Four tiers of Law
Divine Law: Law revealed by God in the Bible- Ten Commandments- BUT scripture is only an affirmation of what is already known
Natural Law: the moral law of God within human nature that is discoverable through reason. Allows humans to perceive of Eternal Law, even if they have not read scripture. Applying reason is perceiving Natural Law
Eternal Law: Principals by which made and controls the universe, and they are only fully known by God
Human Law: The law of the nations. Only valid if it doesn't contradict Natural Law- like killing the innocent.
Telos- Purpose, goal. Teleological in principal, as it refers to the final cause and purpose. But is deontological as the goodness of an action is based on the action itself rather than the consequences. Aquinas believed our telos was to reach Eudaimonia (happiness)
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Final cause- End product
Application-
Sexuality= enjoyment (Efficient Cause). But the final cause is Procreation
therefore could be argued that sex is only good if procreation can occur- hence why homosexuality is not accepted.
Real vs. Apparent Goods-
Real; will result in the preservation or improvement of oneself, this then helps us get nearer to the 'ideal human' that has been planned by God.
Apparent; seemingly pleasurable but they ultimately lead to ones downfall.
ius vs Lex-
- Lex is the 'letter of the law' in Latin
- ius- meaning the 'principle of the law' rather than the exact wording of the Law- this is what Aquinas adopted
Double effect-
-proposed by Aquinas
- Permits an act that may cause serious harm or death as a side- effect of promoting good ends.
- the harmful outcome may be forseen, but is not intended.
Proportionalism-
- says that certain moral rules should never be broken unless there is a proportionate reason to do so
CRITICISMS-
-there may be no purpose in life
- the idea that all laws are absolute, but sometimes laws need to be broken
-Wouldn't the laws differ upon application with regard to society or an individual
- Belief in purpose of us, relies upon the idea that we accept that humans were designed
- What if we don't have a shared 'human nature'
- Unrealistic to believe everyone will follow the same idea- has to be used in every situation to maintain authority
- Defines people by their ends, so it is simplifies human behaviour
STRENGTHS-
- Uses reason and follows a rational process of decision making
- Objective- primary and secondary precepts are absolute so they cannot be influenced
-Concentrates on human character and its possibility for goodness
SCHOLARS
Cicero, a Roman Lawyer-
(speaking about universality of morality)
'True law is right reason in agreement with nature'
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Vardy and Grosch- believe it is too simplistic, doesn't take into account emotions or personal values
G. E Moore-
comments on the speculation of how we define good. Causes a naturalistic fallacy (no way of defining what is good, as goodness cannot be analysed)
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Precepts
Primary Precepts- 'self- evident principles'
Worship God
Ordered society
Reproduction
Learning
Defend the Innocent
COUNTER-
- some would reject 'worship God' and add other purposes. So it doesn't take into account secularism
- Some of these precepts can be seen as relative- different interpretations of an ordered society- democracy vs anarchy
Secondary Precepts-
Derived from the Primary precepts- eg. 'Defend the innocent' can be interpreted as 'do not abort'.
Considered to be absolute laws, in comparison to PP which are generic.
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WEAKNESSES-
- what about contradictions- such as when there is over population and no resources, surely there is a conflict with reproduction
- Can lead to wrong decisions, not taking suffering into account- eg. the risk in not wearing condoms
Written by Thomas Aquinas in 'Summa Theologica'
- we are able to know things through Reasoning and Revelation