Natural Law

1. Natural Law • L.O: Demonstrate knowledge & understanding of: • The origins of Aquinas’ Natural Law in Aristotle’s idea of purpose; • Aquinas’ ideas of purpose & perfection • The use of reason to discover Natural Law • The primary and secondary precepts Starter: What does the term “Natural Law” make you think of? Discuss with your partner.

2. Recap: What is natural law? • http://www.youtube.com/watch?v=9IQqKHVhJ0g • http://www.youtube.com/watch?v=kqtsExnYeFI • http://www.youtube.com/watch?v=fMiH-4Dx4a4

3. Features of Natural Law • Natural Law is deontological – concerned with inherent worth of the action. • Natural Law is absolute – it does not allow any exceptions to it’s rule and can be applied universally. Law has it’s roots in ancient Greece and later, the thinking of the Stoics. They believed God was everywhere and in everyone. Humans have within them a ‘divine spark’ which helps them to find out how to live according to the will of God. Aristotle 350BCE Note – ‘god’ is not a traditional Judeo Christian understand-ing of God look at the dates! Cicero 106-43BCE Aquinas 1225-1274 CE

4. ‘True law is right reason in agreement with Nature...it is of universal application, unchanging and everlasting... we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and for all times, and there will be one master and one ruler, that is, God, over us all, for He is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst penalties, even if he escapes what is commonly considered punishment.’

5. The beliefs of the Aristotle and the Stoics are the foundation of natural law as develop by St Thomas Aquinas. Thomas Aquinas St Thomas Aquinas is the main exponent of Natural law. He is one of the most influential theologians in the history of the Catholic Church. His thinking is the basis of many teachings of the Catholic Church – these are based on his belief in the natural law. Much of Aquinas’ thinking is based on the thinking of Aristotle. Aristotle is an ancient Greek philosopher writing in approximately 350 BCE. Aquinas wrote his most famous works ‘Summa Theologica’ from1265 -1274.

6. ARISTOTLE Aristotle was an ancient Greek philosopher writing in approximately 350 BCE. His ethical theory is called VIRTUE theory. Virtues are desirable qualities of character. His theory focused on people’s character rather than their actions. He believed that in order to be a good person we should aim to posses certain virtues and avoid certain vices (bad qualities of character). He believed that if we did this we this we would flourish as humans and be all we can be. He said that it was the aim of human beings to be happy, the word in Greek is ‘Eudaimonia’. This happiness is not to be likened to pleasure or success but instead the happiness attained by living a virtuous life.

7. Aristotle believed that a soul was what gave a living thing life. He concluded that there were three types of soul. The soul of plants is a VEGETATIVE soul that is only capable of growth and reproduction. The soul of animals is a SENSITIVE soul which is capable of growth, reproduction and movement. However the soul of human beings is a RATIONAL soul, capable of all that animals can do but also with the ability to reason. It is the ability to reason that separates humans form the animals. Aristotle was an empiricist so he believed that the answers to all things lay in this world. He believed that nature had been organised in such a way that all things had a purpose. This is called his belief in the CAUSES. According to Aristotle all things had four Causes. The Material Cause – what it is made of, the Formal Cause – The idea behind the design of it, the Efficient Cause - how it comes to be and the Final Cause - what it’s purpose is. By determining what something is for (final cause or telosin Greek) one can determine how that ‘thing’ should be used – it’s efficient cause. He believed all things in life are caused except the first cause of everything which he called the ‘uncaused cause’. REASON is a very important word in ethics – it is the capacity for logical, rational, and analytic thought. NOT for example the REASON I was late….

8. Aquinas fused his faith in God with Aristotle’s philosophy. For example: Aristotle promoted virtues as a means to being good e.g. courage and patience. Aquinas also believes this but he includes Christian virtues such as faith and charity. Aristotle believes that the ultimate aim in life is happiness – He called this eudaimonia and believed this was only possible by living a virtuous life and being all you can be. In Aquinas's thought, the goal of human existence is also happiness yet this is achieved through union and eternal fellowship with God. Specifically, this goal is achieved through the Beatific Vision (visio beata) an event in which a person experiences perfect, unending happiness by comprehending the very essence of God. This vision, which occurs after death, is a gift from God given to those who have experienced salvation and redemption through Christ while living on earth. By living in a way according to our purpose it is possible to achieve perfection but only in the after life.

9. Aristotle believes the ‘uncaused cause’ is the beginning of everything – as does Aquinas but he calls the ‘uncaused cause’ God. Most importantly in this theory Aquinas uses Aristotle’s belief in the causes to explain what is good. He believed that everything in life serves a purpose and has an efficient and final cause. Efficient causes are the things/processes by which things are achieved e.g. the tools used to create a wooden figure and the final cause is the end product e.g. the wooden figure itself. For Aristotle, everything has a telosor end purpose, and this determines it’s ‘good.’ If we can understand the final cause of an organism we can understand the necessary processes to reach this. Once the correct process for something has been determined this is the morally right thing to do as this is what has been naturally intended. Therefore central to Aquinas’ thought is the ‘telos’ or natural purpose for which something was created. As nature was ordered by God, If it is used for that purpose then it is right/ good, if not it is unnatural and therefore bad/ wrong.

10. Efficient Cause Final Cause (telos) New life Heterosexual, married, sex without contraception New life Firstly you establish the natural final purpose (telos) of something - In this example the telos of sex. Then you work out how this can be achieved and conclude that this is the right thing to do! SEX? There are absolute laws, which govern the way the world works for example the law of gravity. In the same way, Aquinas postulated that right and wrong, good and evil follow a natural law, which we can discover through our reason and observation.

11. Task: • .On the table below show how Aquinas developed the thinking of Aristotle. • . Explain how Aquinas believed we could know what is good. (Make sure you include the words TELOS and NATURAL).

13. Law In his Writing Aquinas identifies four types of law: (1) eternal; (2) natural; (3) human and (4) divine. He defines Law in general ‘ a rule of action put into place by one who has care of the community’. The Eternal Law This is the mind of God. It is ‘that rational plan by which all creation is ordered’. It exists in the mind of God and is his plan for the universe As this is the mind of God is can only be partially known to us. Gods creation is how we can access knowledge of the eternal Law.

14. Divine Law These laws are simply those instructed in the Old and New Testaments. We need these laws to teach us with certainty about matters and because we often fail in concluding right from wrong through the use of our reason..

15. Natural Law Aquinas believed that all of Gods creation somehow reveals part of the eternal law of God as it fulfils the purpose for which it was intended. E.g. the water cycle or our digestive system. However as humans have PRACTICAL REASON and FREEDOM we activley participate (or not!) in the eternal law. God gave us this reason and freedom. Natural Law is therefore ‘the rational creature's participation of the eternal law." (This God given ability to reason about our actions can be called a ‘law’ according to Aquinas as it fulfils the definition of law above)

16. Human Law Aquinas believed that human reason concluded that we desire to live in an ordered society; therefore we make laws (using our reason) that should be followed. He would argue that if these laws were reasoned properly they would also be in keeping with the natural law.

17. Each level of law depends on the levels above it, whilst eternal law does not depend on anything because God exists necessarily. (This means there was never a time when he God didn’t exist whereas all the other laws came into existence) Eternal Law – The order in the mind of God Divine Law – The law given to people from God through the bible and the teaching of the church (revealed by God) Natural Law – Intuitive sense of right and wrong discovered through conscience (God given access to the eternal law) Human Law – Rules made by Human societies in order for them to work successfully (based on reason)

18. . What is ‘law’ according to Aquinas? • .Explain the different types of Law. Using the format below • .How are the different types of law connected? • .How do they inform/ influence our moral behaviour? What is the eternal law? How is it knowable to humans?

19. What is the Divine Law? What is the purpose of the Divine law? What is the Natural Law? What is Human Law?

20. REASON Firstly Aquinas distinguishes between Speculative and Practical reason. The difference between speculative and practical reason is that the former is focused on being while the latter is concerned with action. Practical reason is important in the theory of Natural Law. ‘The notion that the natural law  constitutes the basic principles of practical rationality implies, for Aquinas, both that the precepts of the natural law are universally bindingby nature (ST IaIIae 94, 4) and that the precepts of the natural law are universally knowable by nature (ST IaIIae 94, 4; 94, 6).’ (ST =Summa Theologica -Thomas Aquinas) For Aquinas we are all endowed with practical reason and can therefore all access the eternal law of God by distinguishing the natural purpose of something, therefore we can all be moral.

21. Summary so far • God made us all. • God made us all with ‘practical reason’ • Because of this we can all know what is good. • Because we can know we should all do what is good! Aquinas placed such importance on Reason he said: “To disparage the dictate of reason is the equivalent to condemning the command of God” • . Explain the role and importance of Practical reason in the Natural Law theory?

22. Furthermore Aquinas argued that because we are all in possession of practical reason and are naturally inclined to do good we would be happy if we did good as we would then be acting in accordance with our nature: “The rational Man should be ‘attracted by the good’, performing, for example, acts of kindness with pleasure rather than with teeth set as it were” (Cooper p126) So….. Doing what is natural (which I know through my reason!) is doing good. Doing good will lead to happiness because it is natural – and how things ought to be! 2. Explain the link between the moral life and being happy.

23. Eichmann was a Nazi soldier in WWII. He was given the Job of Transportation Administrator, which put him in charge of all the trains, which would carry Jews to the Death Camps in the territory of occupied Poland. In 1944, he was sent to Hungary after Germany had occupied that country in fear of a Soviet invasion. Eichmann at once went to work deporting Jews and was able to send four hundred thousand Hungarians to their deaths in the Nazi gas chambers. In 1945 Himmler (Head of the SS) ordered the halting of Jewish extermination, Eichmann was appalled by Himmler’s turn around and continued the extermination of Jews despite the end of the policy. • He was put on trial in Jerusalem in 1961. He never showed remorse. He claimed he was only following orders and doing his duty. • At his trial the judge condemned his defence saying ‘there is a higher law than civil law and that is natural law.’ In other words that Eichmann despite the policy and order and politics of the time should have known better? • Is this the case?

24. Adolf Eichmann http://www.youtube.com/watch?v=2s2mgjqMoY0 (intro to trial) http://www.truveo.com/News-report-on-the-trial-of-Adolf-Eichmann/id/3399457906 (description of crime) http://www.youtube.com/watch?v=2NIC-CVvbA0 (verdict)

25. Discuss At his trial the judge condemned his defence saying ‘there is a higher law than civil law and that is natural law.’ In other words that Eichmann despite the policy and order and politics of the time should have known better? Is this the case

26. Failing to use your reason or allowing it to be blinded by evil or strong emotion will lead to sin. God gave us reason, which would enable us to avoid sin. Sin is a deliberate wrong action. ‘The theologian considers sin as an offence against God, whereas the moral philosopher considers it as being contrary to reason’ (Aquinas) Why would Aquinas believe that sin is an offence against God and Reason?

27. Discuss Do humans know right from wrong? Why do human beings do wrong/ sinful acts?

28. If we are all in possession of reason that will lead us to know what is right - why do we do things that are wrong? Real and Apparent Goods Aquinas argued that misguided reason (or stubbornness, or sinfulness!) could lead to mistaking ‘apparent goods’ for ‘real goods’. Although real goods are from God, apparent goods (when we follow the wrong path believing it to be a real good) are not. In seeking happiness we may follow an apparent good which will not lead to true happiness with God. The correct use of our practical reason will mean we can avoid this.

29. Interior and exterior acts Aquinas also stressed the need to do the right thing for the right reason. E.g. you could give money to charity (exterior act - good) but so you look good and receive praise (interior act - not good!) both the interior and exterior acts should be good. E.g. you should give money to charity (exterior act) because you desire to help others (interior act). 3. Explain the difference between real and apparent goods. Can you think of any examples of apparent goods? 4. Explain what Aquinas taught about interior and exterior acts.

30. Natural Law Unlike other religious perspectives Aquinas teaches that human nature is naturally inclined towards goodness. We are born with practical reason that can lead us to know what is right and wrong. Therefore we naturally possess the faculty to know right from wrong (though this doesn’t mean we always use it!) Primary and Secondary Precepts The fundamental principle of Natural law is DO GOOD AND AVOID EVIL. ‘. . . this is the first precept of the law, that good is to be done and promoted, and evil is to be avoided. All other precepts of the natural law are based on this…’

31. Aquinas argues that through the use of my reason I can conclude primary precepts that will achieve this ultimate aim. These are: • preservation of life (self preservation and preservation of the innocent) • procreation, • education of children, • living in an ordered society, and • worshipping God.

32. In addition to these, there are secondary precepts, which Aquinas did not specify like the other five. Therefore, for a deontological and absolutist ethical theory they are open to a surprisingly large amount of interpretation and flexibility. Any rule that helps mankind to live up to the primary precepts can be a secondary precept, for example: Secondary Drunkenness is wrong because it injures one's health, and worse, destroys one's ability to reason, which is fundamental to man as a rational animal (i.e. does not support self preservation). Primary Theft is wrong because it destroys social relations, and man is by nature a social animal (i.e. does not support the precept of living in society).

33. Do good and Avoid evil Live in an ordered society Preserve life Procreate Educate young Worship God

34. .What does Aquinas believe about human nature? • .What is the fundamental principle of Natural Law? • .According to Aquinas what are the Primary precepts that should be followed? • .What is a secondary precept? • .Give an example of a secondary precept and the primary precept it is in keeping with? • .Explain how Aquinas’ teaching on secondary precepts makes Natural Law more flexible.

35. Natural law in Practice Aquinas believed that because I am in possession of PRACTICAL REASON given to me by GOD therefore I can partake in the Eternal law of God. By reasoning the natural purpose of something I can discover its goodness. Something is good when it is used to fulfil its natural purpose (telos). Read and discuss the example below: The ‘telos’ of sex is procreation (though should also be used to unify two people) Aquinas believed that this conclusion could be reached by using our practical reason and observing the natural world as God intended it to be. (If we were in any doubt we could also consult the Divine law as recorded in the Bible for further guidance. It is also laid out in the precept of ‘do good and avoid evil’ and the 5 primary precepts) Therefore natural law outlaws any sexual activity that prevents the telos of sex being achieved.

36. In judging an action to be right or wrong I must ensure, through the use of my reason that I am acting according to real goods (intended by natural law) not apparent goods (that seem good but will lead me away from God) I must also ensure that both interior and exterior acts are good. In other words am doing the right thing for the right reason. Discuss what sexual activity is therefore prohibited by natural law? 

37. Conclusion According to natural law, Heterosexual sex, within a marriage,without contraception is how sex is intended to be part as of God’s creation. Aquinas believes that through the use of reason I can conclude this is moral action (a real good) as it fulfils natural purpose and what’s more – it will lead to happiness.

38. Natural Law In Practice

39. How will this be addressed in the exam? The answer is several ways – you need to be prepared to use natural law in different questions in different ways. 1 a) Explain the theory of Natural law (25) b) Natural law is too rigid to be of use in moral decision making. Discuss (10) This is the most straight forward way of asking a question on Natural Law. You must show your knowledge and understanding of Natural Law in part A and evaluate is usefulness in part B (linking it specifically to how RIGID it is of course!)

40. 2 a) Describe the strengths (or weaknesses) of Natural Law (25) b) Natural law is the best approach to abortion. Discuss (10) In this case in A you must focus on the strengths or weaknesses of natural law and avoid just describing the theory or you will not get the higher marks because you have not addressed the specific question you were asked –this is a common mistake! In B you would need to evaluate natural law’s approach to abortion but also describe it briefly as you go e.g. as natural law supports the sanctity of life it would oppose abortion in all cases (description) this is a strength of natural law as it is clear cut and fair. However by not allowing exceptions .....(evaluation)

41. 3 a) Explain how a follower of Natural Law would respond to the issue of genetic engineering/ abortion/ euthanasia/ the right to a child (25) b) Natural law is not the best approach to ethical issues. Discuss (10) For A you would need to describe natural law and how a followers would approach the issue. It is best to do this section by section rather than describing the theory and adding a bit on the end to apply it. Only the ‘bit on the end’ would actually be addressing the question! For B you need to evaluate natural law in practice. It doesn’t specify an issue so you can draw examples from any. Examples should be used to show your understanding.

42. 4 a) Describe with examples what is meant by ethical absolutism (25) b) Moral absolutism is unfair in practice. Discuss (10) Don’t be put off by his question you can use Natural Law or Kant in this answer. You would describe the features of absolutism in general (absolute/ deontological and objective) and then an example of an absolutist theory which you then describe and show an understanding of. In B you can use one or more absolutist theories to argue whether it is unfair in practice. You can use examples from practical issues to evidence your point.

43. Once you know and understand the theory of Natural Law you need to understand how a follower of NATURAL Law would respond to the medical issues (and later war) that we have studied. You also need to be able to evaluate whether it is a good approach to these issues or not. Identify a key aspect of natural law in the ‘theory’ column – then apply THAT aspect to the issues. Because natural law teaches..... Its followers will believe... about abortion

44. Evaluating Natural Law

45. Evaluating Natural Law