The Natural Law
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Transcript of The Natural Law
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The Natural Law, as applied to the case of human beings, requires greater precision because of the fact that we have reason and free will. It is the our nature humans to act freely (i.e. to be provident for ourselves and others) by being inclined toward our proper acts and end. That is, we human beings must exercise our natural reason to discover what is best for us in order to acheive the end to which their nature inclines. Furhtermore, we must exercise our freedom, by choosing what reason determines to naturally suited to us, i.e. what is best for our nature.
Formally defined, the Natural Law is humans' participation in the Eternal Law, through reason and will. Humans actively participate in the eternal law of God (the governance of the world) by using reason in conformity with the Natural Law to discern what is good and evil.
One of the natural law theorist is Thomas Aquinas
natural inclination of humans to acheive their proper end through reason and free will is the natural law.
Natural Law Theory proposes that as physical laws of nature exist, so do universal moral laws.
IMMANUEL KANT
Kant was an advocate of the natural law theory. An advocate of human dignity
(man as end in himself), supremacy of reason and free will (as God-given and inherent
in man), equality, freedom, and mutuality of rights, and universal law of morality.
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It is reason that makes law and obeys law. Man knows what is natural right or
natural law because he is rational and the precepts of natural law are inherently written
in his heart and mind (conscience).
"Practical reason" (the "good will" in man; the "empirical imperative") that makes
law and compels the conscience of man to obey the law. Duty (to obey and revere the
law and to do good to fellow men) is the highest virtue.Doing an act not out of "duty"
(good will) is immoral, though it may be legal.His ideal society is one where all men
possess the virtue of duty to do good.
Man is a moral individual. He is not a chattel. Moral rightness is a matter of
"motives" and legal rightness refers to "external acts." In his Metaphysics of Ethics, Kant
wrote, "Every action is right which in itself, or in the maxim on which it proceeds, is such
that it can co-exist with the freedom of the will of each and all, according to a universal
law."
Kant criticized Rossaeu's social contract theory because Kant believed that
human rights are not contracted but are inherent in man (dignity, freedom, equality).
In a sense, Kant and St. Thomas agree that law is based on reason for the common good; that law is universal; and that natural law is inherent in the heart of men.
H. HEGELIAN PHILOSOPHY
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Immanuel Kant influenced Hegel in his philosophy of law. Like Schelling and
Fichte, Hegel was an "speculative idealist" and an advocate of rationalism: "Whatever is
rational is real and whatever is real is rational." To him, reason is the ultimate essence
of the world or absolute reality.
Every concept leads to its opposite (thesis-anti thesis-synthesis) and that there is
an unending progress from thesis to antithesis and to synthesis, the latter being the
reconciliation of thesis and antithesis on a higher level. This is called the "dialectical
method" (the triadic process).
To Hegel, ethics culminates in the state and the state is the ethical idea and
reason turned into reality: "In the organization of the state, ... the divine enters into the
real." The state is a manifestation of the divine will. He wrote that all history is an
evolutionary process whose
ultimate goal is true liberty, and that liberty is only possible in a state, where man
reaches his dignity as an independent person.
He agreed with Roussaeu that in the "true state" it is the "universal" (the law) that
governs and "the individual of his own free will subjects himself to its rule." It is part of
the concept of man that he is free, Hegel wrote. The paradox was that in his latter
years, he opposed the democratic or republican form of government because of its
"subjectivism and atomism." He preferred the authoritarian state.
Hegel justified war or revolution based on and as an application of the dialectical method (struggle of ideas).
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What Is Consistent with the Natural Law Is Right and What Is not in keeping with the Natural Law Is Wrong .
Humans have a natural drive to eat, drink, sleep and procreate. These actions are in accord with a natural law for species to survive and procreate. Thus activities in conformity with such a law are morally good. Activities that work against that law are morally wrong. As an example consider that to eat too much or too little and place life in jeopardy is morally wrong.
1. Two Kinds of Natural Law Theory
At the outset, it is important to distinguish
two kinds of theory that go by the name of
natural law. The first is a theory of morality
that is roughly characterized by the
following theses. First, moral propositions
have what is sometimes called objective
standing in the sense that such propositions
are the bearers of objective truth-value; that
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is, moral propositions can be objectively
true or false.
St. Thomas Aquinas, for example, identifies
the rational nature of human beings as that
which defines moral law: "the rule and
measure of human acts is the reason, which
is the first principle of human acts"
(Aquinas, ST I-II, Q.90, A.I). On this common
view, since human beings are by nature
rational beings, it is morally appropriate
that they should behave in a way that
conforms to their rational nature. Thus,
Aquinas derives the moral law from the
nature of human beings (thus, "natural
law").
For the theists there is a deity that created all of nature and created the laws as well and so obedience to those laws and the supplement
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to those laws provided by the deity is the morally correct thing to do.
For atheists there is still the belief that humans have reasoning ability and with it the laws of nature are discernable. For atheists who accept this approach to act in keeping with the laws of nature is the morally correct thing to do.