Natural Law Theories Wessel Le Roux Semester Test Information

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Questions and Answers

What is the primary focus of natural law thinking?

Economic principles

Moral and philosophical principles (correct)

Scientific laws of nature

Historical events

What does 'natural' refer to in natural law?

Something independent of human will (correct)

Subject to human preferences

Based on social conventions

Something created by humans

What is the status of human law that violates natural law?

Morally binding (duty to obey)

Legally and morally binding

Not morally binding (duty to challenge) (correct)

Legally binding (no duty to challenge)

Which term is NOT mentioned as one of the three key periods of shifts in natural law thinking?

Industrial Signup and view all the answers

In the modern/secular Natural Law perspective, what are the necessary conditions of human life?

Universal laws of nature Signup and view all the answers

What does Natural Law consider as just law?

Law in harmony with universal laws of nature Signup and view all the answers

What distinguishes natural law from human-made positive law?

Natural law is higher moral law independent of human will Signup and view all the answers

What type of actions does natural law thinking aim to guide according to the text?

Political, legal, adjudicative, and personal conduct Signup and view all the answers

How does the teleological conception of Natural Law view nature?

As determined by an overall design for a specific purpose Signup and view all the answers

According to Greco-Roman/Ancient/Classical Natural Law, what is universal law based on?

Overall design and universal laws of nature Signup and view all the answers

What is the key distinction that the text asks readers to be aware of regarding natural law?

Laws of nature, natural rights, and natural law Signup and view all the answers

What type of rights are described as 'negative' in the text?

Protective rights Signup and view all the answers

In natural law thinking, what major shift occurs from the Classical to the Modern period?

Objective to subjective perspective Signup and view all the answers

What emerged as a response to natural law during its decline in the modern period?

Legal positivism Signup and view all the answers

What is the purpose of a civil government according to the text?

To mediate disputes and enforce laws Signup and view all the answers

What does the shift from Classical to Modern natural law emphasize regarding human behavior?

Respect for human rights Signup and view all the answers

What was the primary contribution of Ockham in the theological debates of the 13th-17th centuries?

Ockham introduced the concept of nominalism, rejecting abstract concepts and universals, and asserting that God's will is free and absolute, not bound by eternal or natural law. Signup and view all the answers

What was the significance of Ockham's view that humans cannot have access to the eternal law through rational knowledge?

It paved the way for the rise of empiricism and the scientific method, as humans could only know empirical things through finite human reason. Signup and view all the answers

What was the primary driving force behind the emergence of secular (nonreligious) natural law theories in the 17th and 18th centuries?

The Enlightenment's repudiation of traditional authority, mysticism, and orthodoxy, creating the need for a new universal foundation for law. Signup and view all the answers

What were the two principles on which modern natural law theories were based, according to the text?

<ol> <li>Human beings have natural needs (protection from harm, material resources, freedom). 2. Humans can only know empirical things through finite human reason.</li> </ol> Signup and view all the answers

Which of the following statements best represents the impact of Ockham's nominalist philosophy on the development of modern natural law theories?

Ockham's rejection of abstract concepts and universals directly influenced the development of modern natural law theories based on human needs and empirical knowledge. Signup and view all the answers

Which of the following statements is NOT true about the impact of the Enlightenment on the development of modern natural law theories?

The Enlightenment thinkers sought to reconcile natural law theories with the teachings of the Church and the scholastic tradition. Signup and view all the answers

According to Plato, what is the source of universal law and morality?

The world of eternal Forms and Ideas Signup and view all the answers

What is the primary role of the philosopher kings in Plato's ideal state?

To create a perfectly rational and just order Signup and view all the answers

How does Aristotle's view of nature differ from Plato's?

Aristotle rejects the dualism between the world of Forms and the real world Signup and view all the answers

According to Aristotle, what is the telos (purpose) of human beings?

To live a rational life of virtue and goodness Signup and view all the answers

What is the role of the judge, according to Aristotle's concept of phronesis (practical wisdom)?

To discover the dikaion (the Right) via phronesis Signup and view all the answers

How did the Stoics influence the reception of natural law in Rome?

They believed that all reality was pervaded by a divine force or Logos (universal reason) Signup and view all the answers

Study Notes

Natural Law Focus

Primary focus of natural law thinking is the moral principles inherent in nature.
'Natural' refers to the idea that these laws are universal and can be understood through human reason.

Human Law and Natural Law

Human laws that violate natural law lack legitimacy and moral authority.
Negative rights in natural law are those that require others to abstain from interference (e.g., freedom of speech).

Historical Shifts in Natural Law

Three key periods of shifts: Classical, Medieval, and Modern.
Key distinctions in periods highlight changes in understanding the source and application of natural law.

Modern/Secular Natural Law Perspective

Necessary conditions of human life include moral order and rational thought.
Just law is aligned with natural law principles, promoting human flourishing.

Distinctions in Law

Natural law differs from positive law, which is man-made and may not reflect inherent moral truths.
Natural law guides moral and ethical actions, directing human conduct towards the common good.

Teleological View of Nature

Teleological conception sees nature as having a purposeful design, with laws reflecting this purpose.
Universal law, in Greco-Roman tradition, is based on the inherent nature of humanity and the cosmos.

Key Distinctions and Shifts

Distinguishing between classical natural law and modern interpretations is crucial for understanding its evolution.
A major shift from Classical to Modern natural law emphasizes individual rights and human behavior in a secular framework.

The Role of Civil Government

Purpose of civil government is to protect natural rights and ensure a just society.
The shift emphasizes governance by reason and consensus rather than divine mandate.

Contributions of Ockham

Ockham's nominalism influenced theological debates, asserting humans cannot fully access eternal law through reason.
He contributed to the secularization of natural law theories in the 17th and 18th centuries.

Enlightenment Influence

Enlightenment thinking drove secular natural law theories, focusing on human reason and individualism.
Two key principles: moral objectivity and the universality of natural rights.

Philosophical Insights

Plato attributes the source of universal law and morality to a transcendent realm of forms or ideals.
Philosopher kings in Plato's ideal state are meant to govern based on wisdom and knowledge of true goodness.

Aristotle's Contributions

Aristotle views nature as a rational order, differing from Plato's idealistic framework.
Telos for human beings is achieving virtue and fulfilling one's potential.

Role of Judges in Aristotle's Thought

Judges embody phronesis (practical wisdom), applying knowledge to discern justice in particular cases.
Stoics influenced the reception of natural law in Rome by emphasizing the unity of reason and nature, leading to a more universal application of natural law.

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Prepare for the semester test on Natural Law and Natural Law Theories by Wessel Le Roux. The test will be an open book test but only a hard copy reader is allowed. Make sure to follow the guidelines provided regarding what is allowed in the venue.