ESSAY
Chapter 9 Instructor Notes – “Natural Law Theory: Morality is Part of Rational Nature”
Cloning, Genetic engineering, designer babies. Enhancement or defect removal
Natural Law Theory maintains that moral-or natural- law is grounded in rational human nature. According to Natural Law Theory “morality is universal and grounded in rational nature…the laws are unchanging and eternal…and universally knowable by all humans through reason” (272).
Natural law is a teleological tradition – “it is grounded is a specific view of the purpose or goal of the natural order.” Advocated by Aristotle, (life, procreation, knowledge, and society) Acquinas, ect. Human (or manmade) laws are binding only if they are just and consistent with natural law. Many religious traditions look for a messianic age when human law will conform with natural law (273).
Natural Law Ethics and Religion: A belief in God is not essential to be a natural law advocate, but natural law is often associated with religion (273). Unlike Divine Command Theory, natural law ethics does not depend on the existence of a personal God.
Key Claims of Natural Law Theory:
· Morality is found in unchanging principles of moral (natural) law in nature
· Natural law is universal and applies to all humans at all times
· Humans can access natural law through the use of reason
· Manmade laws are authoritative only if they are just and consistent with the principles of natural law. (274).
Thomas Aquinas: Catholic Natural Law Ethics: 1225-1274. We function best as humans when we are perfecting our reason. Reason has been given to humans by God and, as such, offers a vehicle for discerning natural or moral law (275). Protestant rejection: 1) but human reason is fallen and fallible, 2) it places too much emphasis on human agility, and 3) ignores the value of Christ’s sacrifice.
Four Types of Laws:
1. Eternal Law – the uncreated reason of God that guides the universe as it moves toward a particular goal or end.
2. Divine Law – directs humans and other creatures to their supernatural end, which consists of a vision of God and eternal blessedness
3. Natural Law – (or moral law) – is the special way that rational creatures participate in eternal law and are thereby directed toward their earthly happiness.
4. Human Law – is at the bottom of the hierarchy of laws; it is a law, such as legislation (civil) or cultural norms, that is derived by humans from natural law.
Catholic Natural Law Concept of Human Rights: “The belief in our duty to respect the intrinsic world of all humans – even those who are not ration or sentient – has made Catholic ethicists adamant in the opposition to both abortion and euthanasia, as well as stem cell research” (276). Although the church has been a powerful force in the international fight for equal human rights, it has been accused of getting this wrong by not letting woman or gay men be ordained in ministry (277).
Principle of Double Effect: an action which causes a serious harm may be permissible if that harm is an unintended side effect of bringing about a particular good. Self-defense, hysterectomy or chemotherapy that will result in loss of a fetus if that is needed to safe the mother’s life, unintentional killing of civilians in wartime, palliative care which likely results in death.
Just War Theory
Jus ad bellum (just conditions for waging war)
1. War must be declared and waged by a legitimate authority
2. There must be a just cause for going to war.
3. War must be the last resort
4. There must be a reasonable prospect of success
5. The violence used must be proportional to the wrong being resisted.
Jus in bello (just conditions for fighting)
1. Noncombatants should not be intentionally targeted.
2. The tactics used must be in proportion to the injury being redressed
3. Prisoners of war must be treated humanely (benevolent quarantine)
Henry David Thoreau (1817 – 1862) : Natural Law Theory and Civil Disobedience
What makes laws un-just:
1. Degrading to humans (slavery/segregation), or
2. It is discriminatory, or
3. It is enacted by an authority that is not truly representative, (taxation without representation), or
4. It is unjustly applied (used to punish/target specific groups) (281).
Natural Law is higher than human law. Civil Disobedience is “The refusal to obey certain government or human laws for the purpose of trying to bring about a change in legislation or government policy” (282).
Criteria for Civil Disobedience:
1. Only moral and nonviolent means are used to achieve its goals.
2. An effort is first made to bring about a change through legal means.
3. The actions are open and public.
4. Dissidents are willing to accept the consequences of their actions.
Mohandas Gandhi. Martin Luther King, Jr. – deliberate violation of segregationist laws. Exercise #2 – page 286.
Natural Law Theory and Contemporary Moral Issues: “Because life is good and has intrinsic moral value, natural law ethicists oppose abortion (except to save the life of the mother), capital punishment, active euthanasia, and unjust wars. On the other hand, because natural law is based on very general principles, it is open to interpretation, especially in issues such as contraception and homosexuality, where human life is not at stake. New medical technologies also present a challenge..” 287).
1. Euthanasia (p. 288) 2. Environmental Ethics (289-290) – harmonious interdependence
2. Cloning as a fertility treatment – made, not begotten (291)
Critique of Natural Law Theory:
1. Not all people within the tradition agree on what is morally required.
2. Natural law theory is based on a dualistic worldview (humans are uniquely intelligent)
3. As a teleological position the end sought might override individual rights and dignity
4. There is disagreement among natural law theorists on the list of fundamental goods. Given the variability of human interests and goals is agreement on a list or fundamental goods even possible?