Natural Law Theory PDF

Introduction to Natural Law Theory  Natural Law Theory: 1. It is moral law presumed to be grounded in nature itself. A natural law is a norm for ethical behavior that is deemed binding on all humans because it coheres with the human essence or with the structure of the universe (grounded in natu...

Introduction to Natural Law Theory  Natural Law Theory: 1. It is moral law presumed to be grounded in nature itself. A natural law is a norm for ethical behavior that is deemed binding on all humans because it coheres with the human essence or with the structure of the universe (grounded in nature itself), perhaps because it was legislated by God. 2. Insofar as natural law can be known by reason alone, without special revelation, they provide guidance for all humans, and when followed they enhance the common good, but also render each person morally responsible to a divine judge. Natural Law Theory: 3. The idea initially arose among the Jews, Greeks, and Romans, esp. promoted by Judaism and Stoics. But it came to the foreground in the Christian tradition as thinkers drew from both philosophy and the Bible to devise a theory of morality and politics that could be understood to be universally applicable. Natural Rights: Entitlements with which humans are endowed by nature or by virtue of their status as being human. What is Natural Law? “What do we mean by natural law? In its simplest definition, natural law is that ‘unwritten law’ that is more or less the same for everyone everywhere. To be more exact, natural law is the concept of a body of moral principles that is common to all humankind and, as generally posited, is recognizable by human reason alone. Natural law is therefore distinguished from -- and provides a standard for -- positive law, the formal legal enactments of a particular society.” ~ Dr. Jonathan Dolhenty  What is Natural Law? “Since law must always be some dictate of reason, natural law also will be some dictate of reason. In fact, it is law discovered by human reason. Our normal and natural grasp of the natural law is effected by reason, that is, by the thinking mind, and in this service reason is sometimes called ‘conscience.’” ~ Jonathan Dolhenty, “An Overview of Natural Law Theory.”  What is Natural Law? Aquinas wrote most extensively about natural law. He stated, "the light of reason is placed by nature [and thus by God] in every man to guide him in his acts." Therefore, human beings, alone among God’s creatures, use reason to lead their lives. This is natural law.  What is Natural Law? The master principle of natural law, wrote Aquinas, was that "good is to be done and pursued and evil avoided." Aquinas stated that reason reveals particular natural laws that are good for humans such as self-preservation, marriage and family, and the desire to know God. Reason, he taught, also enables humans to understand things that are evil such as adultery, suicide, and lying.  What is Natural Law? While natural law applied to all humans and was unchanging, human law could vary with time, place, and circumstance. Aquinas defined this last type of law as "an ordinance of reason for the common good" made and enforced by a ruler or government. He warned, however, that people were not bound to obey laws made by humans that conflicted with natural law. In summary: Natural law: 1. Is not made by human beings; 2. Is based on the structure of reality; 3. Is the same for all human beings and at all times; 4. It is an unchanging rule or pattern which is there for human beings to discover; 5. It is the naturally knowable moral law; 6. It is a means by which people everywhere (individuals and as communities) can be enriched and rewarded. ~Adapted from John Dolhenty’s article, “An Overview of Natural Law Theory.”  What is the Nature of Man? Aquinas states: “all those things to which man has a natural inclination are naturally apprehended by reason as being good, and consequently as objects of pursuit, and their contraries as evil, and objects of avoidance” [S.T., I, II, Q. 94, art. 2] The basic inclinations of man are five: 1. To seek the good, including his highest good, which is eternal happiness with God. 2. To preserve himself in existence. 3. To preserve the species-that is, to unite sexually. 4. To live in community with other men. 5. To use his intellect and will-that is, to know the truth and to make his own decisions. These inclinations are put into human nature by God to help man achieve his final end of eternal happiness. From these inclinations we apply the natural law by deduction: Good should be done; this actions is good; this actions therefore should be done. Aquinas: 4 Kinds of Law: Aquinas defines “law” in general as “an ordinance of reason for the common good, made by him who has care of the community, and promulgated.” The four kinds of law are: ◦The Eternal Law; ◦The Natural Law; ◦The Human Law; ◦The Divine Law. The Eternal Law: It is God’s “plan” for the world. Flowing from God who is eternal and timeless, there is a “universal rational orderliness” that is “characteristic of the whole universe.” The whole community of the universe is governed by God, the ruler of the Universe. St. Augustine described it as “the reason or the will of God, who commands us to respect the natural order and forbids us to disturb it.”  The Natural Law: All things partake somewhat of the eternal law. “[The] light of natural reason, whereby we discern what is good and what is evil, which is the function of the natural law, is nothing else than an imprint on us of the Divine Light. It is therefore evident that the natural law is nothing else than the rational creature’s participation of the Divine Law.” ~ Aquinas, S.T. I, II, Q. 91, art 2. The first, self-evident precept of the natural law is that “good is to be done and pursued, and evil is to be avoided. All other precepts of the natural law are based on this self-evident law.  The Human Law: Since the eternal law is the plan of government in the Chief Governor, all the plans of government, in the inferior governors must be derived from the eternal law. The Divine Law: The Scriptures. Besides the natural and human it was necessary for the directing of human conduct to have Divine Law: The Old and New Testament. Thus, the divine law compliments the natural law.  Divine Law Compliments Natural & Human law. “It is necessary for man to accept by faith not only things which are above reason, but also those which can be known by reason: and this for three motives. First, in order that man may arrive more quickly at the knowledge of Divine truth…. Second,... In order that the knowledge of God may be more general. For many are unable to make progress in the study of science, either through dullness of mind, or through having a number of occupations and temporal needs, or even through laziness in learning, all of whom would be altogether deprived of the knowledge of God, unless Divine things were brought to their knowledge under the guise of faith.” He goes on to say…  Divine Law Compliments Natural & Human law. “The third reason is for the sake of certitude. For human reason is very deficient in things concerning God. A sign of this is that philosophers in their researches, by natural investigation, into human affairs, have fallen into many errors, and have disagreed among themselves. And consequently, in order that mean might have knowledge of God, free of doubt and uncertainty, it was necessary for divine matters to be delivered to them by way of faith, being told to them, as it is were, by God Himself Who cannot lie” [S.T., II, II, Q. 1, art. 4]. Comparison: Enlightenment: Aquinas’ System of Laws: ◦ Operates entirely on the basis of human law-even if the affirm natural ◦ The integration of natural and law. human laws with the eternal ◦ Secular and humanistic, without and divine laws. reliance on God and His revelation, divorcing man from God’s precepts, leaves man entirely on his own. ◦ Yet, there is angst, because no man can actually free himself from God and from himself as He is designed by God. Can Man Really Live Apart from God? Natural Law Theory: The “conscience” is the pedagogue to the soul (teacher). Judaism, Origen, and Aquinas say that all ten of the Commandments (the Decalogue) are in some sense self-evident. Modern Christian scholars such as J. Budziszewski defend this view. Conscience We know that we are to pursue good and avoid evil because natural law is written on the heart (prescriptive, not descriptive). We have the ability to tell right from wrong. We can violate natural law, but when we do, we personally suffer (e.g., guilt).