A2 Religious Studies: Paper 3, Developments: Ethics: Natural Law

Natural Moral Law: Summary sheet.

By studying our nature and purpose, using reason, we can work out the right way to live. Philosophical background and conte t: !eontological and absolute theor! "dut!#$i%ed laws& Plato's theor! o$ (orms seems to contri)ute to the idea o$ a moral law e%isting in nature, to )e discovered by reason "(orm o$ *ood is a)solute& Aristotle: all things have a purpose "#inal cause$ Purpose helps us de$ine action +wo t!pes o$ ,ustice- conventional and natural Stoics- .icero %&rue law is right reason in agreement with nature.' &homas ()uinas: /3th .entur! theologian, heavil! in$luenced )! Aristotle and Plato 0ne o$ $irst to appl! reason to .hristian )elie$ and .hristian ethics: 1 2a!s and Natural 3oral Law (ssumptions: there is a *od, who created the world, there is a soul which must )e preserved, we all share the same common nature, we all have the same purpose Purpose o$ li$e is communion with *od- achieved partl! )! living according to the nature given to us )! *od 0ur nature can )e determined )! right reason "4t is possi)le to misuse reason e g 5itler, Eichmann and the 5olocaust& 1 Primary Precepts are human nature discovered )! reason: this nature is common to us all, so all must live in accordance with it 1 Precepts are absolute Pursuing natural law develops virtues Natural Law "phusis& is separate $rom man6made laws "nomos& Natural Law is general- secondary precepts are speci$ic application o$ primar! precepts Synderesis: conscience, all humans naturall! tend towards good Sin results $rom misuse o$ reason, pursuing apparent rather than real goods or per$orming e terior rather than interior acts

+oman ,atholic -thics. N3L used )! R#. .hurch to decide R#. moralit! .arried out )! Magisterium and en$orced )! Pope Primar! principles applied to produce secondar! or remote principles 7nown as casuistr!: techni8ue o$ deducing speci$ic rulings )! appl!ing general principle "$irst done in 3ar9 2:2362:& .atholic teaching on se%ual ethics "e g contraception#4;(& arrived at using N3L *enitalia has purpose o$ reproduction, to use it $or an! other reason "pleasure#homose%ual se%& is morall! wrong

A2 Religious Studies: Paper 3, Developments: Ethics: Natural Law

.hurch teaches that some acts are intrinsicall! evil e g mastur)ation ";eritatis Splendour /<<3&

.ritical anal!sis o$ Natural 3oral Law: Summar! sheet Strengths: Strengths o$ a deontological#a)solute s!stem "=owie& Provides clear and $i%ed rules that alwa!s appl!, removing con$usion and e%ception 0),ective laws, li9e the 1 precepts appl! to ever!one .ommon human nature allows us to esta)lish ideas li9e universal human rights Avoids the relativist $allac! "that truth is relative, not a)solute- when )! its nature, truth is anal!ticall! a)solute& 5as an empirical )asis "in the actual nature o$ things& and can there$ore )e veri$ied Does not rel! on a consideration o$ conse8uences, li9e utilitarianism and situation ethics and there$ore avoids calculations and 8uantities o$ good#happiness +a9es account o$ reason not $unctioning properl! .eaknesses: 2hen applied strictl!, can lead people to do evil things, or permits evil conse8uences .an )e said to )e counter6intuitive "goes against common sense& e g it seems to ma9e sense to endorse contraception in over6populated countries, )ut N3L demands adherence to o),ective laws +he e%istence o$ o),ective laws has )een challenged )! man!, including >L 3ac9ie +he idea that there is a common human nature ma! )e challenged "e g homose%ualit!#disa)ilit!& +he idea o$ a common human purpose ma! )e challenged "Aristotle suggested that it could change& A8uinas' underl!ing assumptions "*od's e%istence#soul etc& ma! )e challenged, removing the ethical motivation and )asis $or dut! Proportionalism can )e argued to )e a )etter approach "a com)ination o$ N3L and situation ethics& .ommits the naturalistic $allac!: !ou cannot get an ought $rom an is Strict N3L results in casuistr!, which is o$ten seen as a wa! o$ introducing e%ceptions to the rules 4mposes one purpose upon parts o$ the human )od!, when the! ma! have man! e g procreation and pleasure 4n general, Natural 3oral Law is important )ecause it attempts to esta)lish a law that we can all access and which applies to us all "phusis over nomos& +his idea is important in human rights law +he Nurem)erg +rials, where Na?i death camp o$$icers were tried $or their crimes, used the principles o$ natural

A2 Religious Studies: Paper 3, Developments: Ethics: Natural Law

law to tr! them, as the laws o$ their own countr! "Na?i *erman!& at the time permitted them to do evil 5owever, there are serious $laws with the theor!, as appl!ing it too strictl! does seem to allow people to unintentionall! commit evil acts )ecause the! are not re8uired to consider the conse8uences o$ their actions 3oderate o),ectivism "proportionalism& ma! )e the solution to this impasse