Evaluating Natural Law

STRENGTHS OF NATURAL LAW:

1. Absolute and Deontological
Enables people to establish a structured and official base in which to structure both their moral decision making and, on a larger scale, communities. In a relativistic era suffering from lack of definitive stability this absolutist approach may be attractive.

2. Universatility
Aquinas's view of PRACTICAL REASON and the idea that humans all maintain a common nature and morality allows natural law to be universally accepted. It is true that all cultures maintain the same basic principles i.e. continuation of the species and therefore promotes a sense of equality also.

3. A REASON to be moral
Natural law provides a concrete reason to BE moral and a firm basis from which to refuse to step over moral boundaries - i.e. to fulfill our destiny of a fellowship with God. It is furthermore a way of life rather than a set of guidelines and gives step by step advice on what it is to be human.

4. Based on Human Nature
Gerard J. Hughes suggests in his book "Christian Ethics: An introduction" (1998) that Natural Law is intimately in tune with human nature and by focusing on following conscience and practical reason allows a margin for error as long as intentions were to follow good.

WEAKNESSES OF NATURAL LAW:

1. Is there a common Human Nature?
Some have challenged Aquinas' belief in a fundamental principle that encompasses all human beings and that which contributes to our human nature. Kai Nielson states

"Concept of human nature is a rather vague cultural concept, not a scientific one."

Arguably this human nature is not as self-evident as Aquinas believed. For example different culture's idea of morality are in direct opposition - - Eskimos for example kill off those who they believe will not survive the winter, whilst maintaining supposedly good intentions this is a fundamental violation of the continuation of the species precept.
- Homosexuals & Bisexuals are still human but their sexuality does not lead to reproduction and therefore Aquinas condemns this. Stating they have no purpose. = ARGUABLY NO COMMON HUMAN NATURE OR AT LEAST ONE MORE COMPLEX THAN AQUINAS ANTICIPATED

2. Is Natural Law Holistic?
In his work "The Puzzle of Ethics" (1994) Paul Vardy challenged the way Aquinas insistently links general principles to lesser purpose. For example does sex ALWAYS have to end in reproduction? Are other sex acts immoral? Indeed the pleasure of love-making may actually benefit a couple's relationship making reproduction in the future more likely. As Aquinas condemns such acts he is UNHOLISTIC as he only sees the bigger picture not the details. For example, science has shown the reproductive parts to be adapted for pleasure as well as reproduction. Aquinas is merely SIMPLISTIC.

3. Do Natural Law & Religion mix?
Whilst Natural Law claims to be a Christian ethic Jesus indeed opposed a LEGALISTIC approach to ethics in the New Testament as Joseph Fletcher argues with his interpretation of Jesus' ethics "Situation Ethics". As christianity is based on the teachings of Jesus and NL supposedly based on christianity such contradictions decrease its viability as a theory.
- John Finnis' Natural Law Theory may however provide a more accessible approach as although from a Catholic perspective the 7 Basic Goods may be accepted by even Atheists. However one of the "goods" of life is proposed to be reproduction, and many people are left infertile for their entire lives - are they therefore leading a less moral life?

4. Is Natural Law as rigid as it seems?
Aquinas observed as although the primary precepts remained UNCHANGEABLE the secondary precepts would need some flexibility for certain circumstances. Such flexibility however undermined the ABSOLUTISM of the theory that has proved to be a strength. Without the absolute guidelines to establish what is good/bad N.L may arguably invite the possibility of SITUATIONISM.

St. Thomas Aquinas's Natural Law

Aquinas developed a fuller account of NATURAL LAW in the 13th Century. His ethical theory is ABSOLUTIST & DEONTOLOGICAL - thus focused on the ethicality of actions not just their end. In his work Summa Theologia (1273) he described natural law as a moral code existing within the PURPOSE of nature, created by God.

"Law is nothing else that an ordination of reason for the common good".

Aristotle - Aquinas:
Aquinas took much of Aristotle's musings and adapted them to form the idea of the Eternal Law of God. This law exists to ASSIST humans to direct their actions in a way that they may reach their ETERNAL DESTINY WITH GOD. This divinely inspired law covers both the OUTWARD view of actions and the INTERNAL motivation.

"Man needs to be directed to his supernatural end in a higher way".

- Law that directs towards good and avoids evil is therefore a development of Aristotle's PRACTICAL REASON: Moral life lives according to reason & immoral life lives at odds with reason. Reason determines that the ultimate purpose & destiny of human life is FELLOWSHIP WITH GOD. Humans naturally tend towards this destiny and shoul therefore live according to their design.

Primary & Secondary Precepts:
For Aquinas man's first precept is SELF-PRESERVATION and he therefore established a set of primary precepts to ensure this goal - may be remembered via the following acronym:

W- orship God (Eternal destiny of fellowship with God)
O- rdered Society
R- eproduction (Continuation of the Species)
L- earning (Education of Children)
D- efend Innocent (Preservation of Human Life)

These precepts are the "good" that all actions should direct towards and remain unchanging "Natural Law is the same for all men". Acts that accord with these precepts are good and vice versa.

SECONDARY PRECEPTS - rulings to allow us to direct our actions towards PRIMARY precepts. For example according to Natural Law, ABORTION is wrong as it does not DEFEND the innocent and actively destroys human life - going againt the fundamental precept of "Self preservation".

- The idea of primary & secondary precepts owes much to Aristotle's thinking on SUBORDINATE and ULTIMATE ends.

Casuistry:
Aristotle & Aquinas believed moral decision are made in the situation and it is only in that situation one can really determine what is good. Such decision requires conscience and indeed arguably PRACTICAL REASON is then facilitated. Ethical thinking should then be follwed as such:

1. The Issue - Should I abort?
2. Practical Reason - Abortion = Killing?
3. Principles - Primary Precept; defending of innocent

= Abortion is WRONG

This kind of thinking = CASUISTRY = application of ethics to TYPES of cases but not INDIVIDUAL cases.

Real & Apparent Goods:
Aquinas believed that human nature was essentially good as natural law is within everyone and humans naturally seek good and avoid evil.

"No evil can be desirable, either by natural appetite or by conscience will".

- Human actions that are not in the pursuit of perfection can be xplained as the pursuit of an APPARENT GOOD which is something illfitting of human ideals. Eg. "A fornicator seeks a pleasure which involves him in immoral guilts" = An adulterer is acting in the pursuit of an APPARENT GOOD namely pleasure not a REAL good. He is therefore ating in a way that prevents God's intentions from occuring and is using error of reason in which to do so.

- Temptation is the hook that leads us to APPARENT GOODS.

Exterior & Interior Acts:
For Aquinas both intention and act is important. For example;
If one ACTS in a GOOD way but for the WRONG INTENTION = Good Exterior Act & Bad Interior Act.

Eg. Helping an old lady cross the road to impress someone, not out of charity.

- The only end that Aquinas values is God and he believes that all actions are intrinsically good or bad because when humans actin in accordance with their ULTIMATE PURPOSE (i.e. fellowship with God) God is glorified. In this way Natural Law proves to be wholly DEONTOLOGICAl as the MEANS are just as important as the END.

Roots of Natural Law

Roots of Natural Law can be found in the Ancient Greek & Roman world, examples of such are;

1. "Antigone" written in the 5th Century BC, is a play describing a sister breaking the laws of Creon, ruler of Thebes, in order to bury her brother according to the immortal laws of God (nature), which required the dead to be buried.

2. The Stoics, 3rd Century BC, emphasised the importance of "logos" or the rationality that governs the world and sees human nature as part of one natural order. Considered Natural Law a law of RIGHT REASON.

3. Roman Lawyer CICERO formulated the classic description of natural law, "True law is right reason in agreement with nature".

4. Aristotle (pictured above) also around in the 3rd Century BC is pivotal in the development of natural law becaue of his ideas of an action being good if it achieves a GOOD END & the idea of PRACTICAL REASON.

- The idea that if an action achieved good it is good (some may say extrinsically) may be described as somewhat teleological as the end seems to justify the means. However as Aristotle found, there is more than one END to an action...

...eg. The use of sleeping pills aim to allow the user to benefit from good sleep. This sleep is SUBORDINATE to the overall good end of health.

Aristotle therefore concludes that all actions must aim towards an ULTIMATE GOOD that is not subordinate to any other.

- What is the ultimate good? Aristotle claims that it is difficult to establish a definite judgement as all ethics roots from "true but obscure judgements". He assumes therefore that within humans there are NATURAL TENDENCIES that guide us towards a moral life. Ethics has a natural basis rather than arbitrary and we therefore use REASON.

This natural reason known as Practical Reason relies on humans being emotionally balanced.

Emotional balance relies on; REPRODUCTION, FEELING, SENSING, THINKING, CHOOSING etc. It is these which give human virtue and allow us to be differentiated from animals. By living a life consisting of such natural activities, practical reason aids us.

- It is this idea that nature provides the tools for moral judgemeent that allowed St Thomas Aquinas to further develop NATURAL LAW into something still used today by the Roman Catholic Church.