Natural Law of Ethics

Natural Law of Ethics

• Chapter focuses on the natural law of ethics

Definition

• Refers to the principle of movements and actions of all created things which are chemical, biological, physiological, or rational in nature.
• Encompasses the view that moral rules and principles are objective, absolute, and universal truths.
• Allows discovery through reasoned reflection of the nature of things and the structure of life itself.
• Moral laws are built into the nature of life and are generally knowable to all people across societies and cultures.

Natural Law according to the Stoics

• Stoics state, humans possess a divine spark enabling discovery of the essential eternal laws governing the cosmos.
• These laws help the attainment of individual happiness and social harmony.
• The Stoics equated nature with law and reason
• The Stoics believed in living a life according to nature, which they referred to as wisdom.

Natural Law according to Aristotle

• In nature, everything serves a specific purpose.
• Fully understanding something requires understanding its purpose.
• Key tenants include:
• Everything in nature has a purpose
• Everything in nature has an essential nature
• Everything in nature has its proper good
• A thing's natural purpose, essential nature, and proper good are intimately related.

The Moral Law

• The moral law is understood as a rule or norm governing nature and/or the actions of things
• Can be understood as any constant way of acting or reacting, any directive rule of activity.

Thomistic Influence on Natural Law

• Thomas Aquinas defines law as an ordinance of reason for the common good.
• The law must be promulgated by one who has the care of the community.
• Law as an ordinance is a command from a legitimate authority.
• Law is binding and requires obedience, bearing an element of force and power
• Law should be in accord with human reason, and agreed to be reasonable human beings.
• To be valid, a law should be a product of reason, not whims or caprices
• Essential elements include:
• Must be just and not command what is morally wrong or evil
• Must promote and uphold inherent rights and dignity
• Must be possible to fulfill without extreme difficulty
• Must be honest, so it doesn't contradict any higher law
• Must be consistent within itself
• Must be relatively permanent and stable once enacted
• Must be promulgated or publicized in an understandable manner
• Must be directed to the common good, promoting general welfare
• Must be promulgated by one who has the care of the community

Attributes of the Natural Law

• Obligatory and imposes a moral obligation to attain man's last end/ultimate happiness.
• Knowable or recognizable to all rational beings.
• Universal and applies to all people, regardless of differences or beliefs.
• Has proper sanctions or penalties for those who disobey
• Immutable or unchangeable, reflecting the unchanging nature of God

Contents of the Natural Law

• Formal Norms: Relate to character such as what kind of persons one ought to be (e.g., "Do good and avoid evil").
• Material Norms: Are the application of formal norms to individual concrete actions (e.g., making a promise)

Knowledge of the Natural Law

• The fundamental moral principles are common to all men, suggesting an inherent capacity to discern good from evil.
• All persons can reflect and reason unless that capacity is lost
• People know that good should be pursued and evil should be avoided

Basic and Universal Natural Human Inclinations

• Self-preservation or survival: Includes taking care to preserve oneself in existence.
• Propagation of our species: Unite sexually to produce offspring for the continuance of the human race.
• To live in peace and in harmony with other men: Includes just and fair dealings with others.
• To seek for truth and knowledge of the good: Includes using intellect to know the truth and seek the good.

Specific Ethical Principles Under Natural Law Theory

• Discusses the principle of double effect, principle of inviolability, principle of forfeiture, etc

Principle of Double Effect

• An act with good and bad effects can be morally justified with certain conditions
• Moral conditions that need to be met:
• The intended action must be good or morally indifferent/neutral.
• The evil effect must not be directly intended, only morally allowed as a regrettable side effect.
• The evil effect must not be how the good effect is achieved
• The good effect must outweigh the evil effect at least proportionally to the evil

Principle of Inviolability

• Life (human life) is of infinite value and a sacred gift.
• Applies to all human life, including the unborn
• It is immoral for medical practitioners to intentionally end an innocent human life.

Principle of Forfeiture

• Someone who is at extreme risk by an intruder can use forfeiture as an act of self-defense.
• Legally, self-defense is justified if reasonable doubt that you acted in genuine self-defense can't be proven

Principle of Totality

• The good of the whole is more important than one part
• When a particular part or organ endangers the human body, it can be removed
• This is only morally permitted if the whole being requires removing it, like an infected organ

Principle of Stewardship

• All life comes from God, the supreme creator and maker of all.
• No one can claim ownership of anything in the world, including their body
• Humans can take good care of creation but lack sole authority to do whatever they want

The Just War Theory

• Defensive actions used by a country under attack to protect itself can be justified if used under specific conditions
• To be justified, wars must meet conditions

Last Resort

• War is only justified if only fought as the last resort.

Good Intention

• Countries that go to war should have good faith, meaning they should only have good motive in waging the war.

Just Cause

• Includes punishment or restoring what was unjustly seized.
• Wars waged to invade a nation are morally wrong and can never be justified

Reasonable Chance of Success

• Nation has a reasonable chance of attaining its objectives

Lawful Authority

• Must come from lawful and competent authority to be just

Right Use of Means

• Countries must employ ordinary means in combat and stay humane
• Using weapons of mass destruction is morally objectionable

Proportional Response

• Response must be proportional to provocation and aggression coming from the enemy
• Act of self-defense must repel the attack and never pulverize the enemy
• There must be no wanton slaughter or destruction without direct effect
• The nation should harm as little as possible

Justified Rebellion/Revolution

• Rebellion is an unlawful uprising against the government
• Coup d'état involves mutiny or disobedience.
• The natural law tradition believes violent uprising is approved when following St. Thomas, or legal authorities under regime and rare situations

Justified Rebellion/Revolution Conditions

• Long-standing tyranny and oppression that is clear
• Peaceful and legal means have been exhausted.
• There is a probability that the revolt will be a success.
• The good to be achieved is well proportionate
• The decision comes from the majority, not just from individuals