Natural law

Telos


Telos

  • Aristotle argued that human beings have a unique telos (purpose) - this is found in rational thought
  • Aristotle argued in exercising our reason, we are flourishing and achieving our telos
  • Aquinas developed this idea and argued that humans are uniquely able to reflect on moral behaviour

The four tiers of law

Divine law

  • The divine law is the law revealed by God through the commands and teachings through revelation, for example in scripture such as the Ten Commandments

Eternal law

  • The eternal law is the law as known in the mind of God - it is his knowledge of what is right and wrong
  • These are moral truths that we, at a human level, may be unable to fathom

The precepts

  • The ideas that humans have a purpose or end (telos), are rational and are given the capacity to understand the world by God, and should do what fits with our human nature are key to Aquinas' natural law
  • The main moral rule or key precept according to Aquinas is that humans should 'do good and avoid evil' - this is known as synderesis
  • All other moral rules are taken from this

Natural law is wrong to base ideas of right and wrong on telos

  • Aquinas may have made the mistake of assuming that all beings have a purposes, it may be possible that each of us have different purposes - Aquinas seemed to allow this in his recognition that priests who are called to celibacy are exempt from the primary precept of reproduction
  • Existentialists dispute whether humans have any purpose except the ones they freely choose for themselves - if God does not exist, then it seems difficult to argue for an objective human purpose
  • Evolution seems to suggest that purpose is not a feature of the world, but is rather something that humans project on to the natural world
  • The idea of telos entails that some things are natural to humans and other things aren't

Double effect


  • Double effect is the idea that if doing something good also produces a bad side effect, it is still ethically permissible as the bad side effect was not intended
  • For Aquinas, what matters is which effect is intended - if you intend the good effect, you are not held responsible for the secondary bad effect

Double effect is not a good way of justifying moral actions

  • The idea that a bad effect is permitted if it is unintended and secondary is difficult to judge - it is almost impossible to genuinely judge the intention of a person - eg there is no difference between the external actions of a doctor who wishes to relieve pain and a doctor who wants to kill
  • It is difficult to know how far to press the idea of double effect and which areas it may cover - the use of contraception with the intention of saving life where HIV is spreading has proved a controversial area in the Catholic Church - there may be other areas where double effect could be applied in order to save life or assist reproduction that may result in a slippery slope

Do humans and the universe have an orientation towards the good?

There is not an orientation towards the good

  • An objection to the orientation of creation towards the good is to reject the teleological view of the universe that comes from the assumption of God - modern evolutionary views suggest that the universe and life on earth are the result of random chance and do not have any orientation or goal in mind
  • The idea that humans have an orientation towards the good raises issues for some theologians - Augustine argues that humans are fallen and affected by original sin, this extends to our ability to make good moral decisions and act upon them
  • Although it is commendable that Aquinas gives such priority to reason, he is being overly optimistic about what reason can achieve
  • Aquinas' view of real and apparent goods could be seen as naive - it seems that some humans knowingly commit human actions, and it is mistaken to suggest they are merely pursuing apparent goods - it appears obvious that not all humans have a natural inclination towards the good

Natural law is right to base ideas of right and wrong on telos

  • If Aquinas is right that there is an essential human nature, then there really is a good for all humans that they should strive towards
  • While Aquinas supports telos with reason, divine command theory (which argues that right and wrong are based on the revealed commands of God) makes a similar point via revelation - the Bible reveals the 'plans and purposes that God has for human beings' (Jeremiah)

Is natural law a helpful method of moral decision making?

Natural law is an unhelpful method of moral decision making

  • It can be argued that basic goods vary far more across societies than is generally realised - when these are taken to the level of secondary precepts, it becomes obvious that there are different attitudes to the value of life, which gods should be worshipped and how many people can be involved in marriages
  • As an absolutist theory, natural law can at times appear too legalistic and fixed on obeying the rules, particularly when there are obvious negative consequences - eg the spread of HIV/AIDS in Africa as a result of Catholic teaching opposing contraception (however it may be argued that this is more to do with how the theory has been interpreted rather than the theory itself)
  • Natural law commits the naturalistic fallacy of observing what happens in the world and assuming that this is what must happen - it attempts to define moral values in non-moral terms
  • There is a tension between the clarity of the primary precepts and the flexibility of the secondary precepts - the Church does not recognise this difficulty in its claim that the natural law is 'universal in its approach' and the 'application of the natural law varies greatly'

Double effect is a good way of justifying moral actions

  • Double effect allows some flexibility in an otherwise rigid decision making procedure - an action that produces both good and bad effects is permitted provided the good one is intended
  • Double effect is a recognition of the complexity of real life situations - some absolutists such as Kant have no answer for situations where duties clash or competing goods cannot both be achieved - double effect allows sufficient consequential thinking into natural law to solve some of these cases

Primary precepts

  • Preservation of life - Aquinas argues that we are to preserve life - it is evident that life is important, so it is natural and reasonable to be concerned with preserving human life
  • Reproduction - it is rational to ensure that life continues and this is the main purpose of sexual intercourse
  • Education of the young - humans are intellectual and it is natural for us to learn, particularly the young
  • Ordering of society - humans are social beings and it is good to live in an ordered society where it is possible to fulfil our purpose
  • Worship of God - it is important to recognise God as the source of life and to live in a way that pleases him

Secondary precepts

  • Secondary precepts are more specific rules that can be deduced from the primary precepts
  • For example, given that preservation of life is a primary precept we can deduce that killing is wrong
  • Whereas the primary precepts are fixed, there is some flexibility in the secondary precepts as these are based on how the primary precepts apply in specific circumstances
  • For example, Catholics consider the rejection of contraception to be a secondary precept given the primary precept of reproduction

Natural law is a helpful method of moral decision making

  • The primary precepts are not particularly controversial - they are goods that are valued by all societies, both present and past
  • The primary precepts in particular lead natural law to predominantly be an absolutist ethical theory - this means that there is a clarity to its judgements
  • Unlike other absolutist approaches, there is some flexibility in terms of the application of secondary precepts that may take situation into account (however some interpreters of natural law, particularly within the Catholic Church, have not always been flexible)
  • Natural law leads to a belief in certain rights that exist regardless of context - the value of life, the right to education and to live peace are seen as part of the natural order of the world
  • Natural law affirms the importance of reason - humans are made in God's image and possess the rational capacity to work out right and wrong by observation of the world

Natural law

  • Natural law is the moral thinking we are all capable of - all humans have the capacity to consider and work out the moral rules necessary for achieving our purpose

Human law

  • Human laws are the customs and practices of a society, devised by governments and societies
  • Ideally governments laws should be based on what we reason from natural law

There is an orientation towards the good

  • Religious thinkers are able to appeal to the order present in creation - Paley's arguments on design are examples of this type of approach
  • Aquinas is right that we do want to live well and we naturally aim for goodness and happiness - where we miss this, it is because we are unclear on what goodness is or differ about how to achieve it, but our aim is nevertheless the same
  • Aquinas' ideas on natural law give a dignity to human beings and places faith in their ability to reason