Natural (Moral) LawWhat you need to know:

• The origins of Natural Moral Law• Aquinas’ theory of Natural Moral Law• Strengths & weaknesses of Natural Moral Law• How to Apply Natural Moral Law• &... I’m using ‘NML’ to abbreviate Natural Moral Law

Who you need to know:

• Aristotle (384-322 BCE)• St Thomas Aquinas (1225-1274)

Aristotle’s ‘Final Cause’ (what is it for) refers to the purpose of an object. When looking at humanity Aristotle said it was to seek the general all round well being and happiness which enables us to thrive (eudaimonia). The Stoics believed the universe has a basic design and purpose which human morality should work in harmony with in order to achieve this final cause. The idea of a morality that follows the natural purpose of life is known as Natural Law.

‘The natural is that which everywhere is equally valid, and depends not upon being or not being received. That which

is natural is unchangeable, and has the same power everywhere, just as fire burns both here and in Persia.’

Those who advocate an absolutist approach to ethics have the burden of explaining where our knowledge of absolute law comes from

For Aristotle, and later Aquinas, it was an innate understanding naturally present within all humanity

Most ethical theories are concerned with finding out what is ‘good’. Some will consider the act, and the duty or ‘deon’ where one has to follow the act if the act itself is good, alternative theories look to the end or ‘teleos’ and consider if the end is ‘good’ then it justifies the act in getting there. Natural Moral Law (NML) is different in that it knows from the start what is ‘good’ – humans achieving our purpose. It is an absolute theory of ethics but is not based on duty or any externally imposed law. It is found in our human nature.

Natural Moral Law :

The basis of Natural law is that there is an objectively ideal way to be human and that it is by this ideal that we measure our humanity

Objectively, what is the ideal way to be human?

By using reason to reflect on our human nature we discover our purpose, and having discovered this, we can then work out how to achieve it. The understanding of God’s plan for us, built in to our nature at creation, Aquinas called Natural Law. Fulfilling the purpose of our design is the only ‘good’.

The theory of Natural Law was first raised by Aristotle but was taken up by Aquinas. It is deontological, looking at the intent behind an action and the nature of the act itself, not its outcomes. However, it is a deductive theory; that is, it starts with basic principles, and from these the right course of action in a particular situation can be deduced.

‘True law is right reason in agreement with nature, it is applied universally and is unchanging and everlasting. One eternal and unchangeable

law will be valid for all nations and all times, and there will be one master and rule, that is God.’

Is Cicero (106-43 BCE – Roman philosopher and advocate of justice) right when he states...

Well, if you’ve been concentrating you need to find that out through the use of reason. However, Aquinas thought it could be simplified down to ‘Do good, avoid evil.’

So, what is the purpose of man?

Aquinas believed:

• The universe was created by God so that everything has a design and a purpose.

• This can be understood through a study of the natural world (natural revelation) and a study of the Bible (special revelation).

• Humanity was given reason and freedom so that they may choose to follow good, this fulfils God’s purpose for them.

• Aquinas’ terminology of Natural Moral Law means: The rational understanding and following of God’s final purpose for humanity.

I said earlier that NML is different from standard deontological and teleological ethics, and you’re probably thinking ‘if I have to achieve my purpose then surely that’s my duty.’ thus deontological However, the purpose is the teleos, the end result and so also teleological.Whilst the authors of NML attribute it to a God, it does not require a belief in God. NML is accessible to all. It is...• Accessible through the natural order.• Universal.• Immutable (unchanging).• Relevant to all circumstances.• Given by God.

All humans beings are able to perceive the natural law, but only believers in God understand its eschatological implications.

Natural Law has Biblical foundations to support it.

Ever since the creation of the world, his invisible nature, namely, his eternal power and deity, has been clearly perceived in the things that have been made.

Romans 1:20

For your hardness of heart, Moses allowed you to divorce your wives, but from the beginning it was not so.

Matthew 19:8

Aquinas understood the Biblical passages on natural revelation to refer to what God has allowed man to understand naturally

Q: In this passage St Paul suggests an understanding that comes from God. What might St Paul be suggesting has been ‘clearly perceived.’?

Jesus states that there was an original God ordained morality on divorce which has been adapted due to the sins of humanityQ: What problems might this raise for Aquinas and his view of Natural Moral Law?

Aquinas maintained that God gave man reason in order to accomplish these purposes whether he believes in him or not. However, although the natural law, instituted by God, gives man the opportunity to work towards the good in all things, St Paul recognised that this was not always possible...

For all have sinned and fall short of the glory of God.

Romans 3:23

Men will fall short of God’s best for them because this is a fallen world and man violated the perfect relationship with God and the natural order that was instituted at creation according to Genesis 2 and 3. Nevertheless, rational man will desire communication with God and will act to accomplish it, despite the limitations of humanity. Any action which takes man closer to this goal is good, and any action which takes him further away is wrong.

The standard of natural law is not individual but is set against the whole of human nature and its many relationships. An action is therefore wrong if it satisfies a particular need but is incompatible with the overall relational subordination of the lower needs of the individual to the higher needs of human nature as a whole.

Reason should always be the guide in balancing those desires which conflict. For example, whilst self-preservation is good, it is sometimes better to take a personal risk for the well-being of wider society. Theft is wrong because it unbalances social life; drunkenness is wrong because it is unhealthy and it deprives the individual of the use of their reason. Natural law therefore depend on the natural medium of reason as well as on nature itself, and is made known to humans by supernatural revelation.

Can you think of examples where this may be the case?

From these primary precepts we gain our secondary precepts (the absolute moral laws we should not break regardless of the circumstances) e.g. The secondary precept of not allowing abortion or euthanasia stems from the primary precept of ‘defend the innocent’. Secondary precepts can link to each of the primary precepts but are summed up by ‘do good, avoid evil.’

Aquinas suggested we have 5 primary precepts (this is the ‘deon’ bit), responsibilities we should (ought) to fulfil. These are sometimes summarised as follows:

W – Worship God.O – Ordered Society.R – Reproduce.L – Learning.D – Defend the Innocent.

How does this fit in with your ideal way to be human from earlier?

Why might it be wrong to say NML means doing what comes naturally?

Do g

ood

an

d a

void

evil

Worship God

Ordered Society

Reproduce

Learning

Defend the Innocent

Aquinas identified four kinds of law:

Aquinas’ Four Laws:

• The Eternal Law, this is God’s will and wisdom, the rational ordering of the universe.

• This in turn is revealed by Divine Law, given through Scripture and the Church, it guides humanity to righteousness.• This is made known through Natural Law, this source of fulfilling ones purpose on earth.

• From this Human Law (Positive Law) is derived.

Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God.

Romans 13:1Why might this cause a problem for Christians?

Eternal Law

Divine Law

Natural Law

Human Law

Eternal Law is the mind of God which humans cannot know. Contained in it are the laws which govern the universe and control the life cycle of everything in existence. Although

humans cannot fully know the Eternal Law, they can occasionally glimpse reflections of it, for example through scientific knowledge of aspects of the natural world.

Divine Law is the law of God revealed to people through the Bible, which Christians call the ‘Word of God’. Jesus Christ, the Son of God, also brought

Divine Law with him and the teachings of Christ convey Divine Law to people.

Everyone has a natural sense that ‘good is to be done and evil is to be avoided’ which some call human nature. It is what directs our conscience

and if applied with reason to a situation will lead to the right outcome

These are everyday rules that govern our lives from the legal system at one end right down to notices saying ‘Wet Paint – Do Not Touch’.

Aquinas believed that God had instilled in all humans certain inclinations to behave (act) in certain ways which lead to the highest good.

Natural Inclinations:

The most fundamental inclination is to act in such a way as to achieve good and avoid evil. This is because, according to Aquinas, we were designed for perfection and so would not knowingly pursue evil.

We know that people do not always act like this. Aquinas’ explanation for this was that those who act in such a way do so because they are seeking the ‘apparent good’ (one that seems to them to be good, but is in fact not. If an individual used proper reason to evaluate the situation they would discover the ‘real good’. Explain this concept using the issue of adultery.

When humans act in accordance to their true nature, they act in accordance with their final purpose, so the intention (the interior act) and the act (the exterior act) are both important and need to be correct.

As such, Natural Law is not so much an ethical theory in itself nor is it a way of making moral decisions, rather it is a way of emphasising that our nature is knowable but we need to use our reason to know it and understand it.

Natural Moral Law is absolutist in that the Primary Precepts are objectively true for everyone. Causistry is the name given to the process of applying Natural Law principles to specific situations. As you would expect, this is done in a logical way as some principles have logical consequences.

Double Effect:

Task: Consider how a follower of Natural Moral Law may respond to the bombings of Dresden in WWII in contrast to the bombing of a

Taliban stronghold in the Helmand Province.

There are times when we have moral dilemmas in which we cannot do good without a bad consequence. To solve this problem the doctrine of double effect was devised.

It is always wrong to do a bad act intentionally in order to bring about a good consequence.

However, it is sometimes right to do a good act despite knowing that it will bring about

unintended bad consequences.

read this CAREFULLY

Task: Consider the doctrine of double effect may/may not apply to:I. A pregnant woman with cancer of the womb.

II. A pregnant woman with an ectopic pregnancy. III. Giving a lethal dose of Morphine to an injured dying man

• In theory, NML allows for a set of common rules to be applicable to all.

Strengths of Natural Moral Law:

• NML is reasonable as the basic principles of preserving human life, reproduction, education and living in society are common factors of all (most) societies and cultures.• NML does not dictate what should be done in individual cases from general moral principles.

• NML concentrates on the human character and their potential to flourish rather than on the rightness or wrongness of an act.• Moral decision-making is a rational approach using practical reasoning and common sense.

• It considers the purpose of humanity and how to achieve this.

• NML is often considered too simplistic as humans do not have a fixed understanding of human nature.

Weaknesses of Natural Moral Law:

• Consequences can be morally questionable due to the slavish adherence to dogmatic beliefs (e.g. Spread of AIDS due to not permitting contraceptives).

• NML is not easily used when considering complex issues e.g. Should more money be spent on schools or hospitals?• Science suggests the world has no rational system of laws governing it. The ‘laws of nature’ are impersonal, blind and without reasoned motive.

• NML relies on an individual’s ability to reason their purpose in life, how to achieve it and what actions will direct them towards it.

Who says what:

Goodness cannot be defined by nature. Aquinas commits a

naturalist fallacy. Also you cannot derive an ought from an is and

so secondary precepts cannot be decided from primary ones

The way Aquinas works from general principles to

lesser purposes and his view on human nature

is unholistic and too simplistic

There is no single human nature common to all

societies. Cultural relativism challenges a common natural law.

People have changeable natures

(e.g. sexuality) and so are more complex

than Aquinas thought.

Natural Law relies too much on

reason as human nature is too corrupt to be

trusted. There is not enough

consideration on the grace of god and revelation in

the Bible

G.E. Moore (1873 - 1958)Peter Vardy (1945 - )

Kai Neilsen (1926 - )Karl Barth (1886 - 1968)