...Explain the theory of Natural Law (25) The world has a set of moral laws that are part of the fabric world. Natural Law is that the laws of morality parallel the laws of the physical world and is a theory that stretches across all cultures and ways of life. It is a universal and deontological theory that says there are definite rights and wrongs. This Natural Law exists to assist humans to direct their actions in such a way that they may reach their eternal density with God. There is a Natural Law for the physical world and the moral world that is discoverable through observation. The theory of Natural Law was created by Thomas Aquinas, who built his theory on key ideas from Ancient Greeks, in particular The Stoics and Aristotle. Amongst the Stoics teachings was the fact that the universe had a rational and purposeful order; to live in accordance with the universes order one had to follow Natural Law. This meant when making laws, they should be made and developed so that they correspond to nature of the universe. Aquinas taught, on ideas based on Aristotle that good person is someone who fulfils their purpose, meaning acting in accordance to Natural law. Aquinas believed that God had put inclinations in each human to behave in certain was; following our inclinations will lead us to the highest good and fulfil our purpose. The most basic and fundamental inclination that a person has is to do good and avoid evil. This brings about the question of: what actually is good and bad...
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...Wednesday, October 29, 2008 PHIL 3516 Professor R. Debes Natural Law Theory Defended One may pose the question; what is Natural Law Theory? To answer that question I would like to take a look at our book. Thomas Aquinas says this, “[Now] the first principle in practical matters, which are the object of the practical reason, is the last end: and the last end of human life is happiness or beatitude…. Consequently, law must… concern itself mainly with the order that is in beatitude. Moreover, since every part is ordained to the whole as the imperfect to the perfect, and since one man is a part of the perfect community, law must… concern itself properly with the order directed to universal happiness. Therefore Aristotle mentions both happiness and the body politic, since he says that we call those legal matters just which are adapted to produce and preserve happiness and its parts for the body politic.” (Q90) He goes on to say, “Thus,… Law is nothing else than an ordinance of reason for the common good, promulgated by him who has the care of the community. The natural law is promulgated by the very fact that God instilled it into man’s mind so as to be known by him naturally…. The promulgation that takes place in the present extends to future time by reason of the durability of written characters, by which means it is continually promulgated.” (Q90) Simplified we can take a few things from this excerpt such as that Natural Law is instilled in us by God, and directs towards a final...
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...Essay 1 A Natural Law theorist would argue that homosexuality is unnatural because it goes against four common definitions of the word unnatural. The Natural Law theorist would argue that homosexuality goes against the descriptive laws of nature, it is artificially produced by humans, anything uncommon is unnatural, and that any use of an organ that it contrary to its purposed use is unnatural. Leiser believes that these contentions to homosexuality being a natural phenomenon do not sufficiently explain why homosexuality is unnatural. Leiser believes that homosexuality does not go against the descriptive laws of nature because these laws are meant to describe behavior, not prescribe it. (Leiser p. 56) Leiser gives the example of the law of nature that says that water boils at 212 degree Fahrenheit. This law does not tell the water that this is what it has to do, but simply describes a natural phenomenon. In fact, if any of these descriptive laws is broken, then it cannot be considered a law at all. (Leiser p. 56) With regards to the contention that homosexuality is unnatural because it is artificially produced by humans, Leiser refers to his typewriter. He explains that man had to remove certain substances from nature and put them together using a variety of chemical and mechanical processes to create his typewriter. With this, he argues that the logic that would lead someone to believe that this is a reason for thinking that homosexuality is unnatural would lead someone...
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...Explain how Natural Law theory can be used to decide the right moral action [25] Natural law is an absolutist theory which is most commonly associated with Thomas Aquinas. It mainly relies on Aquinas’ theory that humans try to do good things and try to avoid evil in order to find fulfilment and happiness in life. However, according to Aquinas there are two types of good. There is the real good and the apparent good. The ‘real good’ is something that genuinely leads us to fulfil our purpose and achieve perfection. And the ‘apparent good’ is something that only appears good to us but it isn’t genuinely good. For example, a real good would be to study and revise for exams, whereas an apparent good would be to enjoy ourselves by watching television. We might think the second option is the real good for us but it’s the apparent good as we are not really benefiting from it. Aquinas is arguing that for a person to be happy, they must do good actions which can be one of the two types of good. He is also arguing that if humans do evil, they will be lead to the path of unhappiness. This could be interpreted as our actions determine the extent of happiness in our lives. This is known as the Synderesis Rule. Natural law in itself is based on five primary precepts which were, according to Aquinas, revealed to us by God. In defining the Primary Precepts, Aquinas was stating 'self-evident principles' that are universal and absolute - they are part of our very nature as humans, this sounds...
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...a) Explain how a follower of Natural Law theory might approach the issue surrounding abortion. The Natural Law Theory has developed over time since the era of the ancient Greeks, and it is not necessarily based on one single theory. Natural law is the belief that God has created the universe to work in certain ways. The structure of Natural Law is not accidental; it is deliberate and has important implications to the human race (this can also be used to argue the existence of God in the teleological argument). Humans have a duty to conform to Natural Law. If they do not conform it is morally bad. St Thomas Aquinas linked his idea of Natural Law with Aristotle’s view that people have a specific nature, purpose and function. Aristotle said that not only does everything have a purpose, but also it achieves supreme good when it fulfill its purpose. Aristotle stated that the supreme good for humans is to achieve happiness, which can be related to mill’s utilitarianism where our aim is to gain happiness by avoiding pain and gaining pleasure, but Aristotle did not follow the consequentialist nature of utilitarianism. Aristotle said we were to achieve the final goal by living a life of reason based on what we experience, and this follows the deontological nature of Kantian ethics. Aquinas said that humans beings have an essential rational nature given by God in order for us to live and flourish, even without God reason can discover laws that lead to human flourishing, this is...
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...Moral reasoning using natural law theory and virtue ethics One of the primary debates in ethics is not whether a certain action is right or wrong, as most can agree that acts such as murder are not ethically right, but in what specific situations that these actions become permissible. There are certain absolutist views that determine an action is right or wrong, despite any extraneous circumstances; however, many moral reasoning ethics fall into a grey area where certain acts that would normally be considered wrong are justified in certain conditions. The natural law theory, along with its doctrine of double effect, and Aristotle’s virtue ethics both fall into the aforementioned category of moral ethics. Natural law theory originated from the religious view that a human’s ability to reason sets them apart as higher beings, and with such reasoning we have the responsibility to follow the righteous path set forth for our lives, “to do good and avoid evil”.1 In this manner, a certain act cannot be justified or viewed as “good” because it leads to the satisfaction of desire, setting natural law theory far apart from utilitarianism ethics. The principals laid out by the natural law theory gave birth to the doctrine of double effect, which is the belief that many acts may have both a good and a bad effect. The Catholic Church defends that some acts that would normally be considered immoral may be justified under three distinct conditions: the act itself is not intrinsically wrong...
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...King, Jr.‘ Natural Law Theory Comp. 102 Date: 6/5/2013 Paradoxically, Martin Luther King, Jr., “Letter from the Birmingham City Jail,” Initially uses classical natural law theory to define his actions, but immediately thereafter contradicts a fundamental tenet of this theory and relies on a “weaker” version of natural law. In doing so, King must attempt to formulate a theory which justifies his illegal actions in view of his moral obligation to obey the law. King’s failure to distinguish between legal obligations and moral obligations yields a logical paradox in his final formation of natural law theory. However, Kings theory need not be completely rejected if his argument is slightly modified to reject the moral obligation to obey laws. King initially uses classical natural law theory as his rational basis to defend his actions. This theory has two main point of views, the first being,” Moral Validity; is a logically necessary condition for legal validity an unjust or immoral law being no law at all” followed by, “The moral order is part of the natural order moral duties being in some sense “read off ” from essences of purpose fixed (perhaps by God) in nature.” According to this theory, morality law, but law that equals morality by definition. Thus for King to use this theory, two requirements are implicit. He must assert that an unjust law is not really a law, and he must provide a moral theory to distinguish just and unjust laws. King first quotes...
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...| What is the Nature of Law | Ian ToughS211177 | | | | | WHAT IS THE NATURE OF LAW 1 What is the nature of Law? What is the Law? Does humanity have any regard for laws?Do all societies have the same laws? The answer to these questions, are thought to have two competing answers. The classical answer is provided by natural law theory, which is frequently characterized as asserting that there is an essential relationship between law and morality or justice. The modern answer is provided by legal positivism, which, as developed by John Austin, asserted that law is the command of the sovereign backed by the threat of punishment. Arguments over the nature of law focus on a revised set of positions. Legal positivism is represented by analytic legal positivists, like H.L.A. Hart, Joseph Raz, and Jules Coleman. The natural law tradition is defended by John Finnis. And a new positition,interpretivism is represented by Ronald Dworkin. The "What is law?" question has been approached by contemporary legal philosophers who have over many decades attempted to define the term. For example, the sociological tradition includes important work on the nature of law by Max Weber and Niklas Luhmann. . Natural law theory is strongly associated with classical and medieval thought, especially Aristotle, Roman jurisprudence, and St. Thomas Aquinas. There are several challenges associated...
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...Specimen Paper, timed- 45 minutes a) Explain the Natural Law Theory (25 marks) b) ‘Natural Law is not the best approach to euthanasia’ (10 marks) The theory of Natural Law is a deontological theory, which means that it is based on duty, proposed by St Thomas Aquinas, which also comes from a teleological worldview based on Aristotle’s idea that the good is defined by the final cause. A key aspect to Aquinas’ natural law is also the idea of the synderesis principle, which states that we “naturally do good to avoid evil”. St Thomas Aquinas’ argument was sought to reconcile Christian thought with the Greek thinking of Aristotle’s work, which could be seen in Islamic libraries in the Fall of Toledo, where Christian armies reconquered Spain. Aquinas sees goodness in the Divine Essence (nature of God), which was his first law. His second law was the idea of ‘eternal law’ which he said was reflected in our own human nature and the ends in which we rationally pursue, which draws parallels to the synderesis principle, which opposes the idea of ‘reformation’ which proposes the idea that “we have all sinned and fall short of Gods glory” as portrayed in Romans 3-23. God’s Divine and eternal Laws are further proposed in the Holy Scriptures, such as the Ten Commandments in Exodus 20. From these observable, rational ends, we get the five primary precepts. The Primary Precepts are “good wills” that we rationally pursue, and are absolute. They consist of preservation of life, order...
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...INTRODUCTION Natural Law Is a philosophy of law that is determined by nature, and so is unive rsal. Classically, natural law refers to the use of reason to analyze human nature both social and personal and deduce binding rules of moral behavior from it. Natural law is often contrasted with the positive law of a given political community, society, or state. In legal theory, on the other hand, the interpretation of positive law requires some reference to natural law Although natural law is often conflated with common law, the two are distinct in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation PROPONENTS OF NATURAL LAW Plato According to Plato we live in an orderly universe. At the basis of this orderly universe or nature are the forms, most fundamentally the Form of the Good, which Plato describes as "the brightest region of Being". The Form of the Good is the cause of all things and when it is seen it leads a person to act wisely. In the Symposium, the Good is closely identified with the Beautiful. Also in the Symposium, Plato describes how the experience of the Beautiful by Socrates enables him to resist the temptations of wealth and sex. In the Republic, the ideal community is, "...a city which would be established in accordance with...
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...found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf...
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...1) Explain Natural Law Theory. Natural Law refers to the laws of nature; it is also the basis of all science, observing what happened in nature, it is also a law that stretches across all cultures and ways of life. It is based on the religious idea of a God who creates everything with a purpose and end in the mind. Natural Law ethics is part of natural theology that tells us how God wants us to live here and now. To live according to natural law is to live by Gods intentions ethical direction can be found in what is common to all humans. If we follow these common dispositions then we act as God intended= we act in a good way. If we investigate carefully and reason correctly our search will lead to God. This is the basic of natural Theology. Natural law becomes more specific when we move towards secondary principles such as the 10 commandments (secondary law). They are always valid but we should not act upon them. Natural law is split up into 4 channels which are: Eternal Law- Is the mind of God which humans cannot know. Contained within it are the laws which govern the creation of the universe and cannot control the life cycle of everything in existence. Although humans cannot fully know the Eternal law, they can occasionally glimpse reflection of it, for example, through scientific knowledge of aspects of natural law. This shows that God is the starting point, his idea, his rules. He reveals himself threw divine law. God is also thinking about creating a world. We will...
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...Natural Law Theory & Aristotle’s Virtue Ethics, & Recent Theories of Rights: Rawls & Nozick. Natural Law Theory: Natural Law theory in ethics is not to be confused with the laws of nature as put forward by physicists or other natural scientists, but they are related and do overlap. In moral domains, we are not concerned to give a mathematical, experimentally based theory of ethics or justice, but we are concerned with the general order of nature and how human life is nestled in and depends on that order. For example, life (& its preservation) depends on observing the necessities and limitations of nature, how we are dependent on food, shelter, parents and a community and the satisfying of other natural needs for life to exist, continue and prosper. The most prominent philosophers & political thinkers in this line of thought include the following: ancient - Plato, Aristotle, & later Cicero & other Roman statesmen; medieval - St. Augustine, St. Thomas Aquinas & other thinkers in the Judeo-Christian tradition; modern - John Locke, & of course Thomas Jefferson & the “founding fathers” of the American republic. According to almost all of these authors, the natural order ultimately depends upon a first ordering principle that established the relation between man and nature. That first principle is commonly referred to as God or Creator, as indicated, for example, in the opening of Jefferson’s Declaration of Independence. One line of reasoning introduced by Plato is based...
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...Aquinas and Plato: Of Souls and Men Question 2 “…since the rational soul is the proper form of man, there is in every man a natural inclination to act according to reason, and this is to act according to virtue. Consequently, considered thus, all acts of virtue are prescribed by the natural law.” (Thomas Aquinas, Summa Theologica, p. 223) a. Analyze the passage and explain the meaning of natural law according to Aquinas. b. Compare this passage to Plato’s theory of ideas. To understand the concepts proposed in the assigned quote, this paper will first break down the quote into its individual statements. This independent analysis will then be utilized to find a core message in the quote as a whole, and ultimately to assist in understanding Thomas Aquinas’ view of natural law as a governing precept of human thought and action and in comparison to Plato’s theory of ideas. “…The rational soul is the proper form of man…” The first statement in the quote establishes what Aquinas sees to be as the essence of humanity. He understood the rational soul to be that aspect of the soul that creates reason. He understood reason to be the defining characteristic that separates man from other animals. Therefore, the rational soul being the mover that differentiates man, it is man’s proper form. He is making a judgment that since reason is what makes man unique it is also what man is, properly. The idea of form is important as well. Aquinas understood man to consist...
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...Aquinas’ theory of Natural Law (25 Marks) The theory of natural law has been around for over 2000 years. Natural law believes that every person/thing has a purpose. It is an absolutist law; this is because the rules are set for everyone and need to be followed at all times. It is also deontological as natural law defines what is right and gives us moral rules. Aristotle believed humans were born into knowing how to act morally, as it was written within us. Aristotle believed that if people would follow laws it would lead to eudemonia. Aquinas was heavily influenced by Aristotle’s belief that all people served a purpose. Aquinas went on to believe that all of us have a ‘god given’ purpose. Soon enough Aquinas had created natural law. Natural law was influenced by Aristotle and created by Thomas Aquinas. Natural law is the idea that there is a natural order to the world that should be obeyed. This is determined by God. God made us with a purpose; natural law directs us on the purposes that we need to fulfil and natural law can be applied universally. Aquinas stated that there were four types of law: Eternal law, the perfect, complete set of God’s law that had created the universe. Humans have only partial knowledge of this. Divine law, the sacred teachings and texts of the church - that had come from God’s law written in the bible. Natural law, the human ability to know what is naturally right from our own reason. And finally, Human law, the interpretation of divine law. For example...
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