Summary

This document provides an overview of natural law ethics, including definitions of different types of law. It covers St. Thomas's definition of law and St. Augustine's definition of eternal law. The document discusses the meaning of natural law and its relationship to the eternal law.

Full Transcript

**TOPIC: The Natural Law GEC09-Ethics Midterm** Human acts are directed to the last end by law as applied by conscience. Law and conscience are the directives, the norms of morality, and man has an obligation not only to obey them but also to know them. We must therefore apply ourselves to the stud...

**TOPIC: The Natural Law GEC09-Ethics Midterm** Human acts are directed to the last end by law as applied by conscience. Law and conscience are the directives, the norms of morality, and man has an obligation not only to obey them but also to know them. We must therefore apply ourselves to the study of different kinds of law and conscience. 1**. St. Thomas' Definition of Law.** "A law is an ordinance of reason directed towards the common good and promulgated by one who has the care of the community." a). A law is an ***ordinance or mandate*** because it contains a decisive command to perform or to avoid the performance of something. A law differs from a ***plea*** or ***advice**,* for these do not demand obedience. ***Regulations*** are local ordinances given to a group of individuals according to the demands of particular circumstances. But the law is more or less permanent and universal. b**). *Reason*** should dictate the law. The despotic desire or momentary whim of an authority cannot become a true law. c). A just law takes into consideration the ***common good*** of all citizens and not the exclusive benefit of some favored groups. The common good is sometimes identified with the welfare participated in by each member of the community. In this sense, common good is described as the sum total of benefits derived by individuals from the government and from the nation as a whole. d). A law should be ***promulgated**,* i.e. officially published. e\) Laws are enacted by the competent authority of the legislative body of the nation and are finally approved by the President or by anyone who has the care of the community. 2\. **The Eternal Law** St. Augustine defined the eternal law as **"The divine reason or the will of God commanding that the natural order of things be preserved and forbidding that it be disturbed".** It was defined by St. Thomas as, **"The exemplar of divine wisdom as directing all actions and** **movements"**. "The whole universe is governed by Divine Reason. God is the Prince of the Universe. The plan of government He has in His mind bears the character of a law, and because it is conceived in eternity and not in time it is called the Eternal Law. The Eternal Law has all the elements of a true law as contained in the definition of law by St. Thomas. 1\. Eternal law is ***eternal*** and ***unchangeable*** as the author himself, God. As part of the divine plan, eternal law existed from eternity in the mind of God even before the creation of the universe. But it was known in time by man. Therefore, with regard to a passive promulgation there cannot be eternal law; it began with the existence of rational creatures. 2\. Eternal law is ***absolutely universal*** for it rules all things and actions, free, contingent, or necessary. There is no limit to the breadth of its application to corporeal and spiritual, to rational and irrational creatures. 3\. **The Natural Law** Our universe is composed of an infinite variety of beautifully arranged things. Indeed, nature shows a constant order which is the result of a universal plan and immutable laws. To these natural laws are subject all the movements and energies of the world, the behavior of atoms and molecules, the majestic course of planets and stars, the birth, growth and death of plants and animals, the interaction of solids, liquids and gases, the transformation of non-living elements into living bodies and vice-versa, the continuous change of energies and forces, and other natural phenomena studied in the natural sciences - Physics, Chemistry, Biology, Mechanics, etc. 4\. **Meaning of Natural Law** Man's share in the Eternal Law of God is called Natural Law. Such participation is obviously manifested in man through his reason. "It is evident," says St. Thomas, "that all things partake in some way in the eternal law, in so far as, namely, from its being imprinted on them, they derive their respective inclinations to their proper acts and ends. Now among all others, the rational creature is subject to divine providence in a more excellent way, in so far as it itself partakes of a share of providence, by being provident both for itself and for others. Therefore it has a share of the eternal reason, whereby it has a natural inclination to its proper act and end; and this participation of the eternal law in the rational creature is called the natural law....The light of natural reason, whereby we discern what is good and what is evil, which is a function of the natural law, is nothing else that 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 eternal law." The ***natural law is a corollary of the eternal law.*** It is an extension of the divine order of things as apprehended by human reason. Man is born with a natural disposition to follow the natural law, for he uses the necessity means to preserve his life, he lives in society, begets and educates children, he enjoys companionship, mutual assistance, etc. Man is also born with natural facility to know the basic truths or principles of the moral order as "the good is to be done and promoted and the evil is to be avoided." But man is not born with a full knowledge of these principles. He finds them by way of reasoning, of making general or particular inferences from the most universal axioms of the moral law. ***The practical judgments*** by which man is aware of his moral obligations are the actual instruments by which God promulgates his eternal law in men. Therefore the natural law can be described as ***a disposition of the human mind to discover the moral meaning of our actions in relation to the final end.*** Man discovers the moral order not by a long mathematical process but by a simple process of his reason, by the examination and recognition of man's destiny in the universe, his relation to God, to himself and his fellow men. The natural laws are not written decrees, figuratively speaking, they are written in the hearts of men. They are impressed in human nature by the author of nature. 5\. **The existence of the Natural Moral Law.** All persons inevitably recognize the existence of a moral order and by nature they are inclined to do what they recognize as good and to avoid what they recognize as evil. All men naturally tell the truth, respect the life and property of others, defend their lives, etc. These natural inclinations cannot be classified as "illusions" for they are truly directions of human nature with man upholds even against his wishes and opposing desires. And this fundamental tendency cannot be explained by any human authority, custom, or law. It was implanted by God in human nature previous to any human legislation. Men must be directed to their ultimate perfection in a free and intelligent way and by means suited to their nature. "But the only such means is a natural moral law, A law, for anything less would not be efficacious. A moral law, for a physical law would destroy man's free will. A natural law, for all things are directed to their end by their internal principle of action, which is their nature." The universal testimony of mankind also attests to the existence of a natural moral law. Writings, customs, and monuments of past and present generations point out to this conclusion: that all peoples on earth, no matter how savage and illiterate, have recognized a supreme law of divine origin commanding good and forbidding evil. 6\. **Properties of the Natural Law** 1\. It is ***universal.*** The natural law is the reflection or promulgation of the eternal law of God in human nature, which is common to all persons of all times and places. Men of all ages are subject to the precepts of the natural law. 2\. It is ***obligatory,*** for it imposes upon men the moral obligation to follow it as a necessary condition to attain the last end or happiness. It declares to man his duty; it speaks with the voice of authority. 3\. It is ***recognizable,*** for it cannot be fail to be known and cannot be forgotten by man; it is impressed in his reason. 4\. It is ***immutable or unchangeable,*** for it shares the immutability of the eternal law; human nature remains essentially the same, and God, the author of both human nature and natural law, wills that we live according to our human nature. The natural law cannot be abrogated, dispensed, or given emendatory interpretation. But there are cases of physical or moral impossibility in which non-observance of the law excuses from guilt. 7\. **Contents of the Natural Law.** a\. ***Fundamental moral principles*** in their general application. - "Good is to be done and evil is to be avoided." "Never do unto another what you would not want him to do unto you" etc. b\. ***General moral principles*** which sustain and preserve the basic relations of man to God, to himself and to neighbors. - "Adore God." "Honor your father and your mother". "Preserve your own life." "Do not murder." "Take care of your offspring," and other principles contained in the Ten Commandments and codes of peoples. c\. ***Applications*** of the general principles of morality to specific situations in life and society. For thousands of years, experts of the law have worked on the formulation of codes to produce the civil, ecclesiastical, and international law. d\. ***Remote conclusions*** derived by a process of reasoning. These conclusions are not easily drawn by ordinary people, for they involve education in theology and philosophy, and deep reflection. Moral problems such as mercy killing, indissolubility of marriage, contraceptive practices, dueling, etc. fall into this category of remote conclusions. 8\. **Knowledge of the Natural Law** No man, unless he has lost his reason, would ever think that evil should be done and good should be forbidden. That seems unthinkable and against human nature. It is therefore admitted that with regard to the fundamental and general moral principles of the natural law, ***knowledge is common to all men.*** No person after the use of reason can be invincibly ignorant as to the substance of the Ten Commandments, although there can be involuntary impediments which, in particular cases, hinder the clear knowledge of these precepts. Under normal circumstances the general principles of the natural law ***can either be forgotten nor banished*** from the mind of men although in particular cases, passions may prevent clear thinking and the understanding of them. With respect to the application of the general principles to each situation of life, man's ***ignorance is possible*** and is a common experience. Many factors contribute to this ignorance: - corruption of the mind, conflict of customs, depravation of the human heart, blameful traditions, etc. Ancient and modern nations have permitted or commanded actions contrary to the correct application of the moral principles, such as murder of infants, aged people, the sick, slaves, etc. Finally, with regard to the reasoned conclusions or particular applications of the natural law involving complicated and obscure problems, ignorance can be ***invincible*** for the people who have no formal training in moral matters, especially for pagan and non-Christian peoples. **TASK/ASSESSMENT.** 1\. What is/are the difference between the idea of St. Thomas about the law and the law created by our law makers in the country? Do you think the embodied nature of law can be found in our laws today? If yes, why? if no, why? 2\. What does it means by "law is more or less permanent and universal? What is being permanent? What is being universal? 3\. Have you feel or felt the Eternal law as the idea of St. Augustine? How? 4\. Do you think, the problems/natural calamities that we experience today are part of the natural law? Give your reasons why? or why not? 5\. How does the contents of natural law can be realized and be felt by us?

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