Questions and Answers
Which of the following religions support the view that God made the natural laws?
Who is considered the leading exponent of divine natural law?
St. Thomas Aquinas
The four laws proposed by St. Thomas Aquinas are Eternal law, Natural law, Human law, and _____ law.
Revealed
According to Aquinas, human laws inconsistent with divine principles of morality should be obeyed.
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What is the master principle of natural law according to Aquinas?
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What does Karl Barth reject in his view of God?
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Karl Barth's Divine Command Theory allows for the complexity of moral dilemmas.
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What was one significant influence on secular natural law?
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According to Thomas Hobbes, the state of nature is a state of _____ among all.
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Name one problem associated with Divine Command Theory.
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Which of the following constitutions mentions God in its preamble?
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Human beings can use their reason to identify moral and ethical norms according to secular natural law.
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According to John Locke, which principles do human beings live by in the State of Nature?
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John Locke believed that individuals in the State of Nature have a right to self-preservation.
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What does Stair argue about natural rights?
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Which philosopher found human beings to be essentially selfish?
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What question does the concept of Natural Law raise regarding morality?
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Aquinas believed that natural order is put there by _____ .
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Natural Law theory implies the existence of God.
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What two methods are suggested for making moral decisions?
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What should laws established by the state aim to do?
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Civil disobedience is a legitimate political tool for citizens.
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Which philosopher emphasized the importance of general rules in law?
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What is the term for countries facing severe oppression and genocide, as mentioned in the content?
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What is jurisprudence?
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What is the aim of the course in Jurisprudence and Natural Law?
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What are the learning outcomes of the course?
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Which of the following is a category of law identified by Thomas Aquinas?
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What is the difference between natural law and positive law?
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Natural law is a higher moral law that exists _____ of human will.
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What does the term 'normative' refer to in the context of law?
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All laws are coercive.
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What is one reason naturalists believe natural law principles exist?
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Match the following philosophers with their contributions to natural law:
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According to the theory of natural law, our civil laws should be based on _____ and what is inherently correct.
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Which period is associated with the development of natural law concepts in philosophical thought?
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What is an inherent right in the context of natural law according to John Locke?
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Study Notes
Course Overview
- Course title: Jurisprudence and Natural Law (LAW 491 & LAW 492)
- Instructor: Prof. Oswald K. Seneadza, Faculty of Law, KNUST
- Aims: Introduce the nature of law, societal roles, and critical thinking about legal theories.
Learning Outcomes
- Develop skills to present reasoned legal arguments.
- Ability to interpret and assess philosophical perspectives on law.
- Capacity for critical analysis of key jurisprudential issues.
- Engage in structured report writing on jurisprudential topics.
- Conduct independent research and literature reviews.
Suggested Readings
- General works on natural law: A.P. D’Entreves, K. Olivecrona, H.L.A. Hart, and several others.
- Specific readings include Aristotle’s “Ethics” and Hobbes’ “Leviathan”.
Understanding Jurisprudence
- Defined as the study of fundamental concepts in legal systems.
- Addresses pivotal questions: What is law? Where does it come from? What should law be?
- Scope includes theories like natural law, positivism, and others, plus legal concepts like rights and morality.
Definition of Law
- Law is a system of rules recognized by a community regulating members' behavior, enforced by penalties.
- Characteristics of law:
- Coercive: Enforced by officials, though not all laws are purely coercive.
- Institutional: Organized bodies administer and create laws.
- Normative: Sets moral standards (e.g., laws against murder) distinct from natural phenomena like gravity.
Concept of Nature
- Nature encompasses the physical world and its inherent order, which influences human behavior.
- Understanding nature is crucial for interpreting natural law and its link to human ethics.
Questions of Human Behavior
- Natural instincts and behaviors considered (e.g., homosexuality, violence, prejudice).
- Responses suggest a divine influence on natural law governing moral conduct.
Natural Law Explained
- Philosophy positing that certain rights and morals are inherent to human nature, discoverable through reasoning.
- Considered a higher moral law, independent of human-created laws, and unchanging principles governing behavior.
Origins of Natural Law
- Historical roots trace back to philosophers like Aristotle, Cicero, and Aquinas, who viewed natural law as reflecting inherent moral truths.
- Natural law is distinct from positive law, which consists of statutes created by governments.
Natural Law vs. Positive Law
- Natural law advocates for civil laws reflecting moral ethics, while positive law comprises enforceable statutes regardless of morality.
- Examples illustrate the distinction, showing natural laws as inherent and positive laws as man-made.
Importance of Natural Law
- Encourages examination of law's purpose and moral implications.
- Promotes a universal framework applicable across cultures and societies.
Historical Evolution of Natural Law
- Ancient Period (3,600 BCE–1,000 CE): Focus on philosophical foundations (e.g., Socrates, Plato, Aristotle).
- Medieval Period (1,000 CE–1,500 CE): Integration of Christian thought with natural law theories (e.g., Aquinas).
- Modern Period (1,500 CE–1,900 CE): Development of secular natural law theories and human rights (e.g., Grotius, Locke).
- Contemporary Period (1900 CE–present): Evolution of natural law in legal philosophy, addressing issues like morality, law, and government authority.
Central Concepts of Natural Law Theories
- Key themes: Nature, Reason, God.
- Emphasizes the intersection of moral law and human-designed legal systems.
Divine Natural Law
- Held by various religious traditions, emphasizing God’s role in establishing moral laws.
- Prominent theologians like St. Thomas Aquinas argue that human laws must align with divine morality.
St. Thomas Aquinas and Natural Law
- Advocated that human laws conflicting with divine morality must be rejected.
- Developed a hierarchical framework for understanding law, including eternal law, natural law, human law, and divine law.### Fundamental Concepts of Natural Law
- Gravitation and Self-Preservation: Key principles suggest living beings instinctually strive for survival, indicating a first law of nature.
- Natural Law: Represents human nature and practical rationality, aligning human behavior with eternal law.
- Human Law: Refers to moral and legal regulations created by humans, contrasting with natural and divine laws.
- Revealed Law: Divine law from God's will, changeable only through revelation, serving different from human-made laws.
Thomas Aquinas' Perspective
- Aquinas connects all laws through Eternal Law, arguing natural laws are normative moral principles.
- Central tenet: "Good is to be done and pursued; evil avoided." highlights self-preservation as essential for humans, along with the pursuit of family and knowledge of God.
- Proves God's existence through five arguments centered on movement, cause and effect, necessary existence, human perfection, and the intelligence in natural beings.
Karl Barth's Theological Approach
- Barth emphasizes the Trinity's oneness, rejecting the notion of three distinct personalities in God; underscores God's transcendence beyond material existence.
- Divine Command Theory posits that moral decisions should align strictly with God's commands, hindering flexibility in moral reasoning concerning issues like abortion.
- Criticism of Divine Command Theory includes reliance on unproven assumptions about God's existence and moral alienation between differing beliefs.
Integration of God in Legal Frameworks
- Historical figures like Henry de Bracton advocate allegiance to God's laws over human rulers.
- Influences from the Declaration of Independence stress rights endowed by a creator, underscoring natural law principles.
- Although courts mainly prioritize secular law, references to divine law appear in key rulings and national constitutions, positioning God as a foundational element of justice.
- Some countries acknowledge God in constitutional preambles, contrasting with secular approaches in others.
Secular Natural Law and Reason
- Secular natural law emphasizes human reason over divine law, focusing on observable and fixed rules of human behavior.
- Prominent thinkers like David Hume promote the belief that reason leads to moral principles, advocating methodologies rooted in experimentation and observation.
Historical Natural Law and Its Evolution
- Historical natural law encompasses principles shaped by customs and tradition, asserting that laws should reflect these evolving standards.
- Legal developments in Anglo-American justice reflect these traditions, with citizens’ rights against governmental overreach entrenched in historical accounts and documents like the Magna Carta.
Integration of Concepts: Nature, Reason, and God
- Ancient Greek philosophers often separated deity from nature and reason, but by the 12th century, thinkers like Gratian began incorporating divine law into natural law.
- Contemporary theorists identify three combinations of concepts: Nature and Reason, Nature and God, and Reason and God, with significant contributions from figures like Thomas Aquinas and Emmanuel Kant.
John Locke's Influence
- Locke's principles in the State of Nature include liberty, equality, and self-preservation, highlighting individual rights without governmental intervention.
- He raises concerns about the potential for irrational behavior when personal liberties conflict, necessitating governance to uphold natural law and rights.
Challenges to Natural Law Theory
- Varied interpretations of nature raise concerns about the universal applicability of natural law.
- Questions arise regarding the determination of morally commendable traits of human nature, as differing viewpoints from philosophers like Hobbes suggest selfishness as a fundamental trait.
- Moral implications of human nature behaviors, such as inherent aggression, challenge the morality of actions like war.### Natural Propensities and Moral Guidance
- Natural propensities raise questions about whether they should be developed or followed.
- Justification for choosing good involves moral reasoning rather than solely biological or evolutionary perspectives.
Order in Nature and Divine Influence
- Aquinas asserts that nature has order due to divine intervention.
- Aristotle views nature's order as non-divine, suggesting a secular perspective.
- Debate exists on whether a natural moral order implies the existence of God.
Challenges from Evolutionary Theory
- Evolutionary theory posits that species evolve based on survival needs, which complicates beliefs in a preordained moral order.
- It undermines the claim that certain moral principles can be inferred from human nature.
Critique of Natural Law Theory
- Critics argue that human behavior isn’t governed by inherent laws like those suggested for animals.
- Social environment, conditioning, training, and education significantly shape human behavior, contrary to natural law principles.
Philosophical Perspectives on Nature and Morality
- Differences between Aquinas and Aristotle regarding the divine role in nature complicate the understanding of moral law.
- The intrinsic nature of humans may differ from that of animals, creating challenges in establishing universal behavioral laws.
Influence of Environment on Human Behavior
- Human behavior is greatly influenced by environmental factors such as class, education, and upbringing.
- This contradicts the notion that a natural moral order dictates behavior.
Questions for Discussion on Law and Morality
- Importance of obeying state laws and the source of their obligatory nature.
- Issues arise when laws are discriminatory or unjust, questioning moral responsibilities over legal duties.
Civil Disobedience and Ethical Obligations
- Civil disobedience raises debates on its legitimacy as a political tool.
- The discussion includes scenarios where moral duties may surpass legal obligations.
Natural Law vs. Positivism
- Natural Law emphasizes moral principles as a basis for law, while Positivism focuses on laws as human constructs without inherent morals.
- L. Fuller outlines conditions for legality, emphasizing fairness and clarity in laws.
Hart’s Reaction to Fuller’s View
- Hart critiques Fuller's conditions for legality, suggesting a more flexible approach to understanding law's nature.
Discussion on Morality and Legality
- The statement "Not all immoral acts are illegal and not all illegal acts are immoral" invites examination of legal versus moral standards.
Approaches to Moral Decision-Making
- Two methods exist:
- Discovering what is "natural" (e.g., prohibition of suicide).
- Evaluating actions based on their contribution to the common good (teleological perspective).
Moral Implications of International Intervention
- Instances of severe oppression and genocide raise questions about the moral right of neighboring nations to intervene.
- Key considerations include:
- The impact of oppression and poverty on social relations.
- The intention behind intervention and potential outcomes.
- The balance of violence versus the goal of restoring peace as a basis for justified intervention.
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Description
This course on Jurisprudence and Natural Law is designed to introduce students to fundamental questions surrounding the nature of law and its implications in society and politics. Students will engage critically with the concepts and roles that law plays in the social framework.
