Classical Natural Law Lecture PDF

©RamonaBiholar God scriptural revelation moral principles  just law Nature human reason lex humana (positive law) – law created by humans - actual law posited by legal institutions i.e. rules and regulations that ‘man’, using his reason, deduces from the gener...

©RamonaBiholar God scriptural revelation moral principles  just law Nature human reason lex humana (positive law) – law created by humans - actual law posited by legal institutions i.e. rules and regulations that ‘man’, using his reason, deduces from the general precepts of natural law to deal with particular matters.  It derives from both divine law & natural law. *Different types of laws: - directly dictated – murder (specificatio) - allowing human choice - traffic rules (determinatio) Martin Luther King Jr. Excerpts from a letter from Birmingham City Jail, April 16, 1963, John F. Kennedy Presidential Library and Museum  Decline of Natural Law - 18th &19th centuries - Natural law came under attack - Rationalist and increasingly secularist approaches to human condition - 18th cent. Critics in Montesquieu, Hume and Adam Smith - Hume: attacked the a priori reasoning behind Natural Law: deriving ought propositions from is propositions is irrational - 19th cent. Emphasis on State power and State coercion - Hegel – State is an end-in-itself =an absolute sovereign whose essence derived from the laws of history  not subject to external, higher law The basic goods are: - self evident - attainable only in a community of human beings with a legal system which facilitate the common good ➔ Rules have the authority to work for the common good ➔ Unjust laws which work against the common good – may be valid but in disaccord with ruler’s authority 1.To formulate a rational plan of life– view life as a whole 2. In decision-making you choose one good over another, but for good reason; you should never arbitrarily discount one 3. Basic goods apply equally to all people – no arbitrary preference among persons. 4. A sufficient degree of flexibility to respond appropriately to changes in one's own circumstances and to the changing needs of others. 1.To formulate a rational plan of life– 5. The efficient pursuit of goals, and avoidance view life as a whole of harm  Do not determine to get X, “come hell or high water”. 2. In decision-making you choose one good over another, but for good reason; 6. Means chosen to attain fundamental goods you should never arbitrarily discount one should be efficient to achieve a purpose. 3. Basic goods apply equally to all people 7. Do not directly harm a basic good – no arbitrary preference among persons. 8. Foster the common good of the community. 4. A sufficient degree of flexibility to respond appropriately to changes in one's 9. Act according to your conscience and practical own circumstances and to the changing reason, not authority needs of others.